Resolution 454-1991
.~
F I L [n en," ;) r (' r ~ r:
A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS
AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A CO~~C 1 'J P 8 :') t,:,)
BETWEEN THE FLORIDA DEPARTMENT OF NATURAL RESOURCES AND MONR~) b 1 ~
COUNTY FOR ASSISTANCE IN THE DEVELOPMENT OF A BOATING IMPACTS
MANAGF~.w.f:T PLAN ' .'
RESOLUTION NO. 454 - 1991
: rJUr:r
WHEREAS, Monroe County, hereinafter known as, the COUNTY, has a vital
interest in the marine resources located within its jusrisdiction and the
protection and public accessibility to those resources; and
WHEREAS, the Florida Department of Natural Resources, hereinafter known as,
the DEPARTMENT, has expressed similar interests to the COUNTY; and
WHEREAS, it is mutually beneficial to establish a higher level of coordina-
tion and cooperation between the COUNTY and the DEPARTMENT for all levels of
activity shared by these two agencies; and
WHEREAS, the DEPARTMENT has expressed an interest in providing funding to
the COUNTY for assistance in the development of a Boating Impacts Management
Plan; and
WHEREAS, funding monies are currently available through the DEPARTMENT as a
result of legal settlement collected from the Mavro Vetronic which grounded
on a reef near the Dry Tortugas; and
WHEREAS, the COUNTY recognizes the need for development of such a Boating
In~acts Management Plan;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUN-
TY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to
execute a contract between the DEPARTMENT and the COUNTY for a protect relat-
ing to the development of a Boating Impact Management Plan and that the
Project Administrator has authorization to sign the contract's fiscal reim-
bursement requests.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the )!Lth day of Novem-
ber, A.D. 1991.
Mayor Harvey
Mayor Pro Tern London
Commissioner Cheal
Commissioner Jones
commissioner Stormont
Yes
nnt prf~sent
Yes
-
n~esent
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
"-" · .. ~ .t-. . ·
~~....". lU ~ ~....... . '('
By: ....
Mayor/Chair
~~~:;~: ~L ~tE- ,,' JP.~
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.1
------
DEI:~NT UF NAro~l:.~'j.~~~~
. CONTRACT REVrEW~ FORM:1 \)i t: ~:..;:
(2) Cr")l H L,
_.::r :: .J 1991DNR Contract No. ~
-" / ------
. . cONm~ikFiiID7~: 03 - 0 ODd. ~ O~l
X
TYPE: Services* Lea;>e~
Commodities*
Disbursement
Revenue
Revenue Grant
(1) Original~__
jONTRACTOR & MAILING ADDRESS:
Amendmen t No.
Monroe County Administrator
5100 College RoaD
Key West, Florida 33040
Grant
9l~-3bc
(4)
SUBJr:T/DESCRIPTION: Development of.a Boating Impacts Management Plan for Monroe
County.
.
(5)
BEGIN DATE: Upon Execution
. ....
END DATE: December 1,
1992
TOTAL (6)
AMOUNT: $ 7 5 , 000
(8)
*Commodities 10%
of Total Cost?
(7) Delegation of Authority DNR 100 par 4 (f) (ED-5)
or more
YES
NO
(9) Method of Procurement: Dir~ct Government Contract
x
(10) COMMENTS/EXPLANATION: Th i s proj ect is part of the F lor ida Area of Cr i ti ca I
State Concern Trust Fund Spending Plan which was approved by the Governor and
Cabinet and appropriated by the Legislature.
--(11)
) Organization Code EO Object Code Amount App. Category YR Grant No.
7401 1010 070 07 131300 75,000 030000 91-9
.
DIVISION:
(12)
Executive
Office
OFFICE:
INITIAL REVIEW
APPROVED Y: DATE:
Marine Programs and Planning
2nd REVIEW (If rea. by Legal)
APPROVED BY: DATE:
CONTRACT
ORIGINATOR/HANAGER:
10 -30 -&j t (()~ /
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/ /17 ~ Io ~ 9/ ~~ 3 /
{pf >0)81/;;/ ~(p /
/
.
(I) eA OS / II/Pi/<; , /
€:AS / fAIt(, (1(
(13) DISTRIBUTION: SEE REVERSE
--INSTRUCTIONS ON REVERSE--
BUREAU CHIEF:
DIVISION DIRECTOR:
*PURCHASING:
CONTRACT ADMINISTRATOR:
LEGAL:
tINAL REVIEW (By Legal):
DNR 14~060
REV. 5/90
_ .....' Instructions
COMPLETE ALL REQUESTED INFORMATION!' SUBMIT 7~O ORIGINALS AND A COPY OF THE DNa BID, IF
APPLICABLE. \lITH THIS FORM. rr~:I'HER INFOR."'1ATION MAY BE. OBTAINED FROM DNR DIRECTIVE 270.
7HE FOLLO~ING (#'5) ARE REFERENCED ON THE REVIEW FORM:
(1) Indicate whether this is an Original contract or the Number of the Amendmen~.
(2) The DNR Contract No. is assigned by F & A, Contracts. Leave blank if this is an
original. Indicate the sequential number if this is an amendment.
(3) Con~ractor's federal iden~ificar.ion number (FEID) or social security number (SSN) can
be obtained from the Invitation to Bid form, if the purchase was formally.bid.
(4) State the subject of the contract/give a brief description, including the location
where the contract is being provided, kind of service (professional, research), etc.
(5) The Begin Date and End Date should correspond with the dates stipulated in the contract.
Indicate actual dates for Begin and End upon transmittal of executed copies;
i. e. "upon execution" - executed .~te of 5/1/90 & "60 days" - 6/30/90
(6) Indicate the Total Amount of the Contract. If contract is for more than one year,
indicate annual amounts below in the coding section.
(7) Indicate the Delegation of Authority for this contract. Consult DNR Directives 100-170.
(8) If a commodity will be included in this service, state whether 'or not the cost of the
commodity will be 10\ or more of the total cost:. Provide an explanation on how this
was ascertained; i.e., best guess, historical, contacted vendor, in Comments/Explanations.
If the cost of the commodities is 10\ or more, this is a contract for commodities. If'
it is a contract for services.
(9) Indicate the Method of Procurement; i.e. DNR Bid/RFP No., Competitive Negotiation. Single
Source, Emergency Purchase, or Exempt.
(lO)Provide further comments and explanation for a thorough review.
(ll)Complete the coding section with all applicable information. If this contract is for
an FCO project, include the Project No. in the Grant No. column.
(12) Contract Manager will initial and obtain review by appropriate division personnel
NOTE: Person executing contrac~ does not need to initial review form. Forward to
the Bureau of Finance and Accounting, Contracts, for review by the Contract.s
Administ.rator. The contract will be sent on to Legal, if approved. or returned to
the person initialling as Contract Originator/Manager, if corrections are needed.
*Must. be approved by Purchasing if subject to formal bid or RFP.
~~B~Jl;~ui:e::n 1 oritinal to the CO\itractor
at{ r~l:. JO .'dsfliginal to be retai-"'.L by the Contractor hanagerjOriginator
~ c~ies of the Contract. & 2 copies of the review form to the
~.,.~~ 1~~; ~ ^o Bureau of Finance & Accounting, Contracts
ili ::'. . ... iilN 'py of che connacc and review form Co Purchasing (if che
{U/~? j~.. ~chase was subject. to the formal bid process)
~;]1:l' ARE TO BE REVIEWED THE SAME AS ORIGINAL CONTRACTS! !! A CONTRACT RE\
FORM MUST BE CO FOR ALL AMENDMENTS. A COPY OF THE ORIGINAL CONTRACT AND ALL PRlut\.
AMENDMENTS MUST BE AttACHED FOR THE AMENDMENT TO BE REVIEWED. A COPY OF THE DNR BID MUST BE
ATTACHED. WHERE APPLICABLE.
DNR CONTRACT # C--' ~ -7 ~ 4rJ.
AGREEMENT
THIS AGREEMENT is entered into this day of , 19 ,
between the FLORIDA DEPARTMENT OF NATURAL RESOURCES (hereinafter referred to as
the "DEPARTMENT") and Monroe County, a public entity, whose address is 5100
College Road, Key West, Florida 33040 (hereinafter referred to as the "COUNTY"),
in pursuance of a project approved by the Governor and Cabinet in the Area of
Critical State Concern Spending Plan.
In consideration of the mutual benefits to be derived herefrom, the
DEPARTMENT and Contractor do hereby agree as follows:
1. The DEPARTME~T does hereby retain the COUNTY to develop a Boating
Impacts Management Plan (hereinafter referred to as the "PROJECT") for Monroe
County as defined herein, and the COUNTY does hereby agree to perform such
services upon the terms and conditions set forth in this Agreement and all
exhibits and attachments named herein which are attached hereto and incorporated
herein by reference. The PROJECT shall include the following plan elements: 1)
management of liveaboard vessels; 2) management of derelict vessels; 3) marina
siting; 4) mooring buoy siting; 5) submerged land protection for shallow water
areas, including strategies to reduce seagrass prop scarring and vessel
groundings; 6) a channel marking plan with county approved criteria; 7) user
partitioning; 8) environmental education for boaters; 9) the establishment of a
citizens advisory council; and 10) an intergovernmental coordination mechanism.
A more detailed scope of work is presented in Exhibit "A".
2. The DEPARTMENT and the COUNTY agree that the cost for the PROJECT is
as follows:
ITEMS
COST
$67,500.00
Development of Boating
Impacts Management Plan
for Monroe County
Final Report
$7.500.00
Total Cost
$75,000.00
3. The COUNTY shall perform the services in a proper and satisfactory
manner as determined by the DEPARTMENT. Any and all such equipment, products or
materials necessary to perform these services, or requirements as further stated
herein, shall be supplied by the COUNTY.
4. The COUNTY shall perform as an independent contractor and not as an
agent, representative, or employee of the DEPARTMENT.
5. As consideration for the services rendered by the COUNTY under the
terms of this Agreement, the DEPARTMENT shall pay the COUNTY as specified herein.
The COUNTY will submit a request for reimbursement of funds on such forms, as
attached as Attachment 1, quarterly. These forms shall be certified as accurate
by the COUNTY's Project Administrator and submitted to the DEPARTMENT as a
payment request along with an interim report of the status of the PROJECT. The
interim status report, submitted with the quarterly request for reimbursement,
shall have sufficient detail for a proper pre-audit and post-audit thereof. All
requests for reimbursement of travel expenses shall be submitted in accordance
with Section 112.061, Florida Statutes.
6. This Agreement shall begin upon execution by both parties and end no
later than December 1, 1992, inclusive.
Page 1 of 6
7. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
8. Pursuant to Section 215.422, Florida Statutes, the DEPARTMENT's
contract manager shall have 5 days, unless otherwise specified herein, to inspect
and approve the services for payment; the DEPARTMENT must submit a request for
payment to the Florida Department of Banking and Finance within 20 days; and the
Department of Banking and Finance is given 15 days to issue a warrant. Days are
calculated from the latter date the invoice is received or services received,
inspected, and approved. Invoice payment requirements do not start until a
proper and correct invoice has been received. Invoices which have to be returned
to a COUNTY for correction(s) will result in a delay in the payment. A Vendor
Ombudsman has been established within the Department of Banking and Finance who
may be contacted if a COUNTY is experiencing problems in obtaining payment(s)
from a State of Florida agency. The Vendor Ombudsman may be contacted at
904/488-2924 or 1-800-848-3792.
.
9. In accordance with Section 215.422, Florida Statutes, the DEPARTMENT
shall pay the COUNTY, interest at a rate of one (1) percent per month, calculated
on a daily basis on the unpaid balance, if a warrant in payment of an invoice is
not issued within 40 days after receipt of a correct invoice and receipt,
inspection, and approval of the goods or services. Interest payments of less
than $1 will not be enforced unless a COUNTY requests payment.
10. The COUNTY shall save and hold harmless and indemnify the State of
Florida against any and all liability, claims, judgments or costs of whatsoever
kind and nature for injury to, or death of any person or persons and for loss or
damage to any property resulting from the use, service, operation or performance
of work under the terms of this Agreement, resulting from the negligent acts of
the COUNTY, his subcontractor, or any of the employees, agents or representatives
of the COUNTY or subcontractor to the extent allowed by law.
11. This Agreement may be canceled by either party, with or without cause,
by giving 30 days written notice to the other party. Said notice shall be
sufficient if delivered personally or by certified mail to the address contained
herein. In case of cancellation, only amounts accrued to the date of
cancellation shall be due and payable.
12. Any and all notices shall be delivered to the parties at the following
addresses:
COUNTY
Monroe County Administrator
5100 College Road
Key West, Florida 33040
DEPARTMENT
Department of Natural Resources
Office of Marine Programs
and Planning, M.S. 55
3900 Commonwealth Blvd.
Tallahassee, Florida 32399
13. Pursuant to Section 216.2815, Florida Statutes, all records in
conjunction with this Agreement shall be public record and shall be treated in
the same manner as other public records are under general law. This Agreement
may be unilaterally canceled by the DEPARTMENT for refusal by the COUNTY to allow
public access to all documents, papers, letters, or other material subj ect to the
provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY
in conjunction with this Agreement.
14. This Agreement may be terminated by the DEPARTMENT at any time for
failure of the COUNTY to perform in accordance with the terms and conditions
contained herein.
15. Ernest L. Barnett, Environmental Administrator or his successor is
hereby designated the DEPARTMENT's contract manager for the purpose of this
Agreement and shall be responsible for enforcing performance of the Agreement
terms and conditions and shall serve as liaison with the COUNTY and approve all
invoices prior to payment.
Page 2 of 6
16. It is expressly understood and agreed that any articles which are the
subject of, or required to carry out, this Agree~ent shall be purchased from the
corporation identified under Chapter 946, F.S., ln the same manner and under the
same procedures set forth in Section 946.515(2), (4), F.S.; and for purposes of
this Agreement the person, firm or other business entity carrying out the
provisions of this Agreement shall be deemed to be substituted for this agency
insofar as dealings with such corporation are concerned.
The "Corporation identified:" is PRISON REHABILITATIVE INDUSTRIES & DIVERSIFIED
ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at:
P.R.I.D.E.
611 Druid Road East
Suite 715
Clearwater, Florida 33516
Telephone No.: 813/441-1950
17. The COUNTY w;rrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the COUNTY to
solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the COUNTY any fee, commission, percentage, gift or
other consideration contingent upon or resulting from the award or making of this
Agreement.
18. This Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of Florida. Wherever possible, each
provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Agreement
shall be prohibited or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity, without invalidating
the remainder of such provision or the remaining provisions of this Agreement.
Any action hereon or in connection herewith shall be brought in Leon County,
Florida.
19. No delay or omission to exercise any right, power or remedy accruing
to either party upon breach or default by either party under this Agreement,
shall impair any such right, power or remedy of either party; nor shall such
delay or omission be construed as a waiver of any such breach or default, or any
similar breach or default thereafter.
20. The COUNTY recognizes that the State of Florida, by virtue of its
sovereignty, is not required to pay any taxes on the services or goods purchased
under the terms of this Agreement.
21. This Agreement is neither intended nor shall it be construed to ~rant
any rights, privileges or interest in any third party without the mutual wrltten
agreement of the parties hereto.
22. No person, on the grounds of race, creed, color, national origin, age,
sex, or handicap, shall be excluded from participation in; be denied the proceeds
or benefits of; or be otherwise subjected to discrimination in performance of
this Agreement.
23. In connection with any litigation arising out of this Agreement, the
prevailing party shall be entitled to the recovery of its costs and a reasonable
attorney's fee.
24. The COUNTY shall be responsible for all work under the terms of this
Agreement. The COUNTY may subcontract as necessary to perform the services
provided that the subcontract has been approved in writing by the DEPARTMENT
prior to execution. It is understood by the COUNTY that the DEPARTMENT shall not
be liable to the subcontractor for any expenses or liabilities incurred under the
subcontract and the COUNTY shall be solely liable to the subcontract, or for all
expenses and liabilities incurred under this contract.
25. This Agreement is an exclusive contract for services and may not be
assigned in whole or in part without the written approval of the DEPARTMENT.
Page 3 of 6
26. This Agreement represents the entire. agreement of the parties: .Any
alterations, variations, changes, modifications or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed, the day and year first above written. •
•
By: By: •
(COUNTY's Signature) Executive Director's signature
or his designee for Florida
Department of Natural Resources
(COUNTY's Name-Pr-int) 3900 'Commonwealth.Boulevard
Tallahassee, Florida 32399 .
(Title)
0
s
(Company Name) •
Approved as to form and legality: ,
(Address)
(City, State and Zip Code) Assistant G ral Counsel, DNR
Remittance Address: � G�/�A D�
t•
Contract Administ ator, DNR
(Address)
- (City, State, and Zip Code) DNR 14-061 - Revised 7191
•
•
APPROVED AS TO FORM
!!1�p AL SUFF ClENCY. •
Attorneys (lice
Date `r 9.1
•
Page 4of 6
EXHIBIT A
SCOPE OF WORK
The COUNTY agrees to:
I. Develop and deliver to the Department the PROJECT containing the following
elements:
1) Management of live-aboard vessels
A. Recommend criteria for live-aboard mooring areas
B. Identify potential locations of live-aboard mooring areas
2) Management of derelict vessels
A. Identify procedures to locate and inventory derelict vessels
B. Identify procedures for derelict vessel removal
3) Marina siting .
A. Develop criteria for marina siting
4) Mooring buoy siting
A. Coordinate mooring buoy siting with the National Marine Sanctuary
5) Submerged land protection for shallow water areas
A. Recommend strategies to reduce seagrass prop scarring
B. Recommend strategies to minimize vessel groundings
6) Channel marking
A. Develop county approved criteria for channel marking
7) User Partitioning
A. Identify user group conflicts
B. Investigate user group partitioning
8) Environmental education for boaters
A. Inventory existing boater environmental education programs
B. Recommend methods to improve boater education
9) Establishment of a citizens advisory council for boating management
10) Intergovernmental coordination mechanism
A. Coordinate boating impacts management activities with the National
Marine Sanctuary Program and other state, federal and local government
agencies.
II. Prepare and present to the DEPARTMENT quarterly reports which detail PROJECT
development progress and fiscal spending.
This is a fixed fee contract in the amount of $75.000 to be paid quarterly in
arrears. The DEPARTMENT shall hold 10% of the total cost as final payment of
$ 7,500 to be processed by the DEPARTMENT upon receipt, review and approval of the
final PROJECT. Quarterly payments shall be invoiced in the amount of $16,875
per quarter. Upon receipt, review and approval of the quarterly reports and
request for payment, the DEPARTMENT shall process for payment. Attachment 1 is
the form to be used for the request for payment. The Department shall have 14
days for approval of all deliverables.
Attachment to Exhibit A:
Attachment
Number
1
Reauest For PaYment
DescriDtion
DNR 14-061 - Revised 7/91
Page 5 of 6
ATTACHMENT 1
FLORIDA DEPARTMENT OF NATURAL RESOURCES
OFFICE OF MARINE PROGRAMS AND PLANNING
1. Name of Project: Monroe County Boating Impacts Plan
2. Grantee: Monroe County 3. Billing Period:
4. Payment Requested: Quarterly
Type of Cost Incurred:
Total Cost
Quarterly Report: $16,875.00
5. State Funds Obligated: $75,000.00
Less Previous Payments:
Less This Payment: $16,875.00
State Funds Remaining:
.
6. CERTIFICATION: I certifl that this billing is correct and just and is based
upon actual obligation(s) 0 record by the project sponsor; that payment from the
state has not been received; that the work and/or services are in accordance with
the Department of Natural Resources, Office of Marine Programs and Planning
approved proj ect agreement including any amendments thereto; and that the
progress of the work and/or services are satisfactory and are consistent with the
amount billed.
7.
Name of Project Administrator
Signature of Project Administrator Date
8.
Name of Project Financial
Officer
Signature of Project Financial
Officer
Date
Page 6 of 6