Resolution 448-1989
Peter Horton, A.C.A.
Division of Community Services
RESOLUTION NO. 448 -1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE AN
AGREEMENT BETWEEN MONROE COUNTY AND THE STATE OF
FLORIDA DEPARTMENT OF NATURAL RESOURCES, CONCERN-
ING THE BOATING IMPROVEMENT FUND PROJECT KNOWN AS
BOW CHANNEL DAYBEACONS, PROJECT NO. B89014.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute an Agreement between Monroe County
and the State of Florida Department of Natural Resources, a copy
of same being attached hereto and made a part hereof, concerning
the boating improvement fund project known as Bow Channel
daybeacons, Project No. B89014.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~ day of 4(}",c-t . A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: /l/I~a
(Seal)
Attest :I>~~ ~ ~OLIIAGE, glerk
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MNow"o.u TO FORM
AND LEGAL SUFFICIENCY.
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STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA BOATING IMPROVEMENT PROGRAM
DEVELOPMENT PROJECT AGREEMENT
Contract
No. e -.s9<f~
The State of Florida Department of Natural Resources,
hereinafter referred to as the DEPARTMENT, and Monroe County,
hereinafter referred to as the COUNTY, in pursuance of a
recreational boating project approved under the Florida Boating
Improvement Program (FBIP), hereby agree to the following terms
and conditions:
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l~~is Agreement shall be performed in accordance with
Chapter 327.28, Florida Statutes, and Chapters 16A-ll and 16D-5,
Part III, Florida Administrative Code.
2; The COUNTY agrees to implement the recreational boating
improvement project known as Bow Channel day beacons (FBIP Project
No. B89014), in accordance with the fOllowing project elements which
may be modified with due notice and good cause shown to the
DEPARTMENT: To install fourteen day deacons.
3. The COUNTY agrees to begin the project within six months
after the execution date of this Agreement and shall complete
the project on or before 365 days of the execution date. If the
project is not completed within this time, the DEPARTMENT shall
withhold further payment and deny any further request for project
approvals until the project has been completed.
4. If the COUNTY receives advanced funds and the project
is not started within 90 days of receipt, the COUNTY shall return
to the DEPARTMENT all advanced funds plus interest in the amount
which would have accrued to the DEPARTMENT had the funds not been
disbursed.
5. The DEPARTMENT agrees to obligate and make available to
the COUNTY the approved project amount of $20,085.87 to be used
for the project authorized by this Agreement. The funds will be
released by the DEPARTMENT in installments, unless advanced
payments are provided for in paragraph ~20. The DEPARTMENT and
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COUNTi understand and agree that there shall be no reimbursement
of funds by the DEPARTMENT for any expenditure made prior to the
execution of the Agreement with the exception of $0 for the
following specific expenditures: N/A
6. Eligible and ineligible costs are established in Chapter
l6A-11 and Chapter 16D-5, Part III Florida Administrative Code.
7. Payment requests and expenditure documentation shall be
submitted in accordance with the DEPARTMENT's Grant and Contract
Accountability Policy (Chapter 16A-11, F.A.C.). The Project
Manager shall, within ninety (90) days after receipt of a payment
request, review the work accomplished to date on the project and,
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if in ~~, approve the request for payment. The DEPARTMENT
shall retain 10% of grant amount until completion of the project.
8.' The COUNTY shall retain all records supporting project
costs for three (3) years after the fiscal year in which the final
program payment was released by the DEPARTMENT or until final
resolution of matters resulting from litigation, claim, or audit
that started prior to the expiration of the three-year record
retention period.
9. The DEPARTMENT reserves the right to inspect the project
as well as the right to audit any and all financial records
pertaining to the project at any reasonable time. This Agreement
can be unilaterally cancelled by the DEPARTMENT should the COUNTY
refuse to allow public access to all documents, papers, letters or
other material made or received in conjunction with the Agreement
pursuant to the provisions of Chapter 119, Florida Statutes.
10. If it becomes necessary for the DEPARTMENT to demand a
refund of any or all funds tendered pursuant to this Agreement,
the COUNTY agrees to return said funds to the DEPARTMENT, with
interest, within sixty (60) days. If not returned within sixty
days, the COUNTY understands and agrees that any further COUNTY
requests for funding as to this or any other project under the
DEPARTMENT administration shall be denied until the funds have
been returned.
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11. Following receipt of an audit report identifying any
reimbursement due the DEPARTMENT, the COUNTY will be allowed a
maximum of sixty (60) days to submit additional documentation to
offset the amount identified, or to return the amount due.
12. The COUNTY agrees that the project, when completed,
will be operated and maintained in a satisfactory condition for
public recreational boating purposes for a minimum of twenty-five
(25) years from the date of project completion. The COUNTY
further agrees to return to the DEPARTMENT funds tendered for
the project plus interest in the amount which would have accrued
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to the~~TMENT had the funds not been disbursed, in the event
the project becomes utilized for other than public recreational
boating purposes during this period. For any public facilities,
the COUNTY agree to impose such fees uniformly among the users
regardless of race, sex, age, religion or other condition or the
political jurisdiction in which the user may reside.
13. The COUNTY agrees to save and hold harmless the
DEPARTMENT, its officers, agents, and employees from any and all
liabilities, claims, actions, damages, awards and judgements to
the extent allowed by law, arising from the COUNTY'S obligations
contained herein to construct, operate and maintain the project.
14. Linda Reeves, Grants Specialist or her successor, is
hereby designated as the DEPARTMENT'S Project Manager for the
purpose of this Agreement and shall be responsible for ensuring
performance of its terms and conditions and shall approve all
reimbursement requests prior to payment. The COUNTY shall
appoint a Liaison Agent, whose name and title shall be submitted
to the DEPARTMENT upon execution of the Agreement, to act on
behalf of the COUNTY relative to the provisions of the Agreement.
The COUNTY'S Liaison Agent shall submit to the DEPARTMENT signed
project status reports every sixty (60) days summarizing the work
accomplished, problems encountered, percentage of completion and
other appropriate information. Photographs shall be submitted
when appropriate to reflect the work accomplished.
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15. The DEPARTMENT'S performance and obligation to pay
under this Agreement is contingent upon an annual appropriation
by the Legislature.
16. (a) Any asphalt paving shall conform with the Florida
Department of Transportation's specifications for
road and bridge construction. Bid specifications,
contracts and/or purchase orders must specify
thickness of asphalt and square yards to be paved.
(b) The Agreement does not constitute consent by the
DEPARTMENT to conduct dredging operations without
first obtaining all necessary local and State
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~~ permits for said dredging activity including
permission from the Board of Trustees of the
Internal Improvement Trust Fund. Any violations
resulting from improper/illegal dredging operations
may result in automatic termination of the
Agreement by the DEPARTMENT with the COUNTY being
held liable for reimbursement of appropriated funds
provided through the Agreement plus interest.
17. It shall be the responsibility of the COUNTY to secure
all required permits.
18. The COUNTY shall insure that all purchases of goods and
services for the accomplishment of the project be secured in
accordance with the provisions of law.
19. The Agreement shall become effective on the date of the
signature of the Division Director or his designee of the
DEPARTMENT.
20. The COUNTY and the DEPARTMENT mutually agree to the
following special terms and conditions incorporated as part of
this Agreement: N/A
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by the officer and agents thereunto
lawfully authorized.
DEPARTMENT OF NATURAL RESOURCES
Attest:
By:
Joseph F. Knoll, Acting Director
Division of Recreation and Parks
Date:
Attest:. ____
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COUNTY of: Monroe
By:
.<
Date:
Attest:
AIII.ItOWo M 10 10IIM
AND LEGAL StJFFICI6NCY.
~~
D R Project Manager
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DNR Contract Administrator
BY
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_aMey
Approved as to
Form and Legality
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DNR Attorney
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