Resolution 173-1982
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RESOLUT I ON NO. 173 -1982
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A
PROJECT AGREEMENT BY AND BETWEEN THE FLORIDA DEPARTMENT OF
NATURAL RESOURCES AND MONROE COUNTY, FLORIDA, FOR THE
PROJECT KNOWN AS #6-82-23-1, MONROE COUNTY COMMISSION
ARTIFICIAL REEF.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of Monroe County,
Florida, is hereby authorized to execute a Project Agreement by and between the
Florida Department of Natural Resources and Monroe County, Florida, a copy of
same being attached hereto, for the Project known as #6-82-23-1, Monroe County
Commission Artificial Reef.
Passed and adopted by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 28th day of June, A.D.
1982.
BOARD OF COUNTY COMMISSIONERS OF
MONr;:R{ ~ ~
By ;'yor Ie h. ; rm. n -1
( S ea 1)
Attest:
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16B-32.07(12)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
DTVrSrON OF MARINE RESOURCES
Florida Artificial Fishing Reef Program
Project Agreement
THIS AGREEMENT, dated this
4th
day of June
A.D.,
1982, by and between the Florida Department of Natural
Resources hereinafter referred to as the Department, and the
Monroe County
, hereinafter referred to as the Local
Government.
WIT N E SSE T H :
That in and for the mutual covenants between the Department
and the Local Government, it is agreed as follows:
1. The Executive Director of the Florida Department of
Natural Resources, has approved an application
submitted by the Local Government for the artificial
fishing reef construction project known as
#6-82-23-1, Monroe County Commission Artificial Reef
to include the expenditure of $ 20,000.00
specifi-
cally for the following eligible expenditure items:
Transportation of material to the reef sites
per application and attachments with adver-
tising costs not to exceed $1,500.
2. The DEPARTMENT and the LOCAL GOVERNMENT fully
understand and agree that there shall be no rebnbur-
sement of funds by the DEPARTMENT for any obligation
or expenditure made prior to the execution of this
agreement.
It is understood that work performed by employees of
the Local Government or the use of materials or equip-
ment of the Local Government are not eligible expen-
diture items.
3. The Local Government agrees to cause the construction
of the artificial fishing reef project as mentioned
above, such construction being in accordance with the
project plans attached hereto and made a part hereof
as Exhibit "A", at the approved project location, a
description is attached hereto and made a part hereof
as Exhibit nB".
4. The Local Government agrees to maintain said
artificial fishing reef at its own expense and cove-
nants that it has the full legal authority to so
maintain. Such maintenance shall include project iden-
tification as set forth in Rule 16B-32.07(9), Florida
Administrative Code.
5. The Department agrees to hold in account the sum of
$ 20,000.00
to be expended for the construction of
said artificial fishing reef as shown on Exhibit "An
attached. Any portion of said funds may be released by
the Department upon an official request for payment of
expenditures by the Local Government as approved by
the Department. However, 10% of the amount set forth
in paragraph 1 herein shall be retained by the
Department and shall not be released to the local
government prior to written verification of completion
in accordance with Paragraph 9 herein. All requests
for payment and disbursal of funds shall be made in
strict accordance with the provisions of Rule
16B-32.08, Florida Administrative Code. All invoices
submitted for payment shall include sufficient detail
to perform proper pre-audit or post-audit, as required
by the Department.
6. The Local Government agrees to make the completed
artificial fishing reef available to the general public
without regard to race, creed, sex, color, national ori-
gin, or location of the users' residence.
7. The Local Government agrees to commence construction
of the project within 6
months, such period
beginning on the date of the execution of this
agreement, and further agrees to complete said project
on or before
June 30, 1983
In the event the
construction of the project is not complete within one
year of the date of the execution of the Agreement, the
Department will have the right to cancel its obligations
of any and all financial assistance granted for the said
Monroe County
project.
8. The Local Government agrees to provide access to all
records and grant rights to audit any books, documents
and papers, for the inspection by the Department for
said Local Government project. The Local Government
also agrees to require any contractor or vendor
receiving an award as a result of said project to agree
in writing to the application of this provision where
such pertains to the contractor's or vendor's records
relating to said project. All records, documents and
papers relative to this contract and its performance
shall be retained by the Local Government for a period
not less than three years following contract completion.
9. The Local Government agrees to appoint a liaison agent
to be responsible for the successful completion of said
project, the prompt implementation of the provisions
of this agreement, and the submission of progress
reports at least every 60 days from the date of the exe-
cution of this Agreement until the project is certified
complete.
10. The transport of all material pursuant to this contract
shall be witnessed by the Artificial Fishing Reef Liaison
Officer or hiS/her designee. In the alternative, the
Department shall require a qualified diver to inspect the
site to ascertain that the specified volume of material
has been placed on the designated site. In the event
such a diver is employed, he shall be paid by the
Department and the cost of employing such a diver shall
be deducted from the final payment to the Local Govern-
mente The Local Government understands and agrees that
no final payment for services rendered shall be due in
the absence of or prior to written verification of place-
ment of material by the Artificial Fishing Reef Liaison
Officer or the diver hired by the Department.
11. The Local Government agrees to hold and save the
Florida Department of Natural Resources harmless from
liability of any nature or kind, including costs and
expenses, for or on account of any or all suits or dama-
ges of any character whatsoever resulting from injuries
or damages sustained by any person(s) or property by
virtue of the existence of the
Monroe County
project.
12. The Local Government agrees to allow the Department of
Natural Resources to conduct on-site inspections of the
staging areas(s); of its transportation equipment; of
its material to be placed on the proposed reef; of the
completed reef project. Moreover, a designated
representative of the Department, upon request and at
the risk and costs of the Department, must be allowed
to accompany the material conveyances to the placement
site.
13. In the event the Local Government fails to comply
with the terms and conditions of this Agreement the
Agreement may be considered null and void and the
Department will have the right to cancel its financial
and legal obligations as identified in this agreement.
14. Rule 16B-32 of the Florida Administrative Code, entitled
liThe Comprehensive Artificial Fishing Reef Program
Control Code," is expressly made a part of this contract
and is incorporated herein by reference as if fully set
forth. The Local Government agrees to abide by and
comply with all provisions of such rule and to require
any contractor or vendor entering a contract as a result
of said project to agree in writing to his compliance
with this paragraph.
15. The Department's undersigned contract manager or his
successor shall be responsible for enforcing performance
of the contract terms and conditions and he shall serve
as a liaison with the Local Government and shall approve
all invoices prior to payment.
16. It is understood that funding in fiscal years beyond
the fiscal year of this contract is subject to the
availability of appropriations to the Department.
17. This project agreement is executed in duplicate, each
copy of which shall for all purposes be considered an
original.
IN WITNESS WHEREOF, the parties hereto executed this
Agreement on the day and year first above written.
(SEAL)
EXECUTIVE DIRECTOR OF THE FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Elton J. ~i~~pn~~nnPT
Name (Please Type)
Attest:
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BY:
Signature
Its Agent
this Purpose
(SEAL)
?-;rL ?: (,{) J,tfl
Name (Please Type)
Attest: ~ 6&
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L---- f/"/{L~: George E. Dolezal
/ Signature
Its Agent for this Purpose
Clerk
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ontract Manager
DNR #34-404
1/82
--Attachment re: 113
Section III - QUESTIONNAIRE
(App lica t ion Ill)
1. Justification of Need:
Increasing recreational and sportfishing pressure on the reefs of
the Florida Reef Tract, offshore of the Florida Keys, has resulted in an
elimination of natural reef resources and habitat. The proposed project is
designed to increase reef habitat with resultant increases in primary and
secondary productivity which will, over a relatively short period of time,
improve and increase finfish and shellfish stocks, thereby enhancing sport
and recreational fishing in the Florida Keys. These reefs are to be placed
~ in depths which will also make th{maccessible to sport divers who constitute
a significant percentage of recreational users of the Florida Keys' reefs.
The demolition of Keys' bridges has made available, for this purpose,
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huge amounts of concrete rubble admirably suitable for reef construction.
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This material is being made available to the applicant, at no cost, thereby
creating a situation which will undoubtedly not recur:for decades.
In order to capitalize on this opportunity, funds from the State are
needed to transport material from:
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SITE Ill:
VACA CUT BRIDGE TO ISLAMORADA
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La t. 24 051 ' 42 "
Long.80034'06"
Loran C Coords
N
W
14093.2
43292.6
COE Permit
1181M-0384 ~
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SITE1!2 :
SPAN-7 MILE BRIDGE TO MOSER CHANNEL
Lat. 24036'20"
Long. 81 010' 00"
Loran C Coords
N
W
14006.8
43460.6
COE Permit ./
1181T-0988 v
BIG PINE KEY
SITE 1f3:
SOUTH PINE CHANNEL BRIDGE, NORTH HARRIS Clli\NNEL BRIDGE
HARRIS CHANNEL BRIDGE, HARRIS GAP CHANNEL BRIDGE
Lat. 24003' 00"
Long.81028"00"
Loran C Coords 13987.4
43507.2
COE Permit
1181-M-0989 /
and suitable concrete reef material to either sites Ill, 112 or 113.
3. No master plan at this time.
4. Organized Fishermen of Florida
Marathon Guide Association
Florida Keys Guide Association
Islamorada Charter Boat Association
Key West Fishing Tournament
Big Pine Civic Association
Florida Keys Audubon Soc'iety
Florida Audubon Society
Florida Keys Citizen Coalition