PROJECT AGREEMENT (7)
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JlNJ--eONTRACT NO. ."\2~??
16B-32.07(l2)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
DIVISION OF MARINE RESOURCES
Florida Artificial Fishing Reef Program
THIS AGREEMENT, dated
PROJECT AGREEMENT
this J.oi day OfhA.D.. 1986.
Department of Natural Resources hereinafter
by and between the Florida
referred to as the Department, and the
CITY OF CLEARWATER
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 Pier 60
Artificial Fishing Reef
, to include the expenditure of $ 20,000
specifically for the following eligible expenditure items:
Transportation of material to the reef sites.
2. The DEPARTMENT and the LOCAL GOVERNMENT fully understand and
agree that there shall be no reimbursement of funds by the DEPARTMENT for
any obligation or expenditure made prior to the execution of this agree-
mente
It is unders tood that work performed by employees of the Local
Government or the use of materials or equipment of the Local Government are
not eligible expenditure 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
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as Attachment "1", at the approved project location, a description is
a ttached hereto and made a part hereof as Attachment" 2'".
4. The Local Government agrees to maintain said artificial fishing
reef at its own expense and covenants that it has the full legal authority
to so maintain. Such maintenance shall include project identification 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
to be expended for the construction of said artificial fishing reef as
shown on Attachment "I". Any portion of said funds may be released by the
Department upon an official request for payment (DNR form 34-406, attached)
of expendi tures 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 govern-
ment 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 suf-
ficient detail to perform proper pre-audit or post-audit, as required by
the Department. This may include, but not be limited to, vendor invoices
with costs per hour or per load defined, and cancelled checks if the Local
Government has paid the vendor prior to seeking reimbursement from the
State.
6. The Local Government agrees to make the completed artificial
fishing reef available to the general public wi thout regard to race, creed,
sex, color, national origin, or location of the users' residence.
7. The Local Government agrees to commence construction of the pro-
ject within 3 months, such period beginning on the date of the execu-
tion of this agreement, and further agrees to complete said project on or
before December 31, 1986
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 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
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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 pro-
vision 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 execution of
this Agreement until the project is certified complete. The liaison agent
shall certify the completion of a project by affidavit to be submitted with
the final request for payment.
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 Government. The Local Government unders tands and agrees that no
final payment for services rendered shall be due in the absence of or
prior to written verification of placement 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 damages of any character whatsoever resulting from injuries or damages
sustained by any person(s) or property by virtue of the existence of said
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
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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.
Following receipt of an audit report identifying any reimburse-
ment due the Department for non-compliance with the contract, the contrac-
tor will be allowed a maximum of 60 days to submit any additional pertinent
documentation to offset the amount identified as being due the Department.
14. Rule 16B-32 of the Florida Administrative Code, entitled "The
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 wi th this paragraph.
15. The Department's undersigned contract manager or his successor
shall be responsible for enforcing performance of the contract terms and
condi tions and he shall serve as a liaison wi th the Local Government and
shall approve all invoices prior to payment.
16. The Department's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature.
17. In accordance with Chapter 215.422, Florida Statutes, interest
at a rate of one (1) percent per month or portion thereof shall be paid to
the vendor/contractor if a warrant in payment of an invoice is not mailed
by a State agency within 45 days after receipt of a correct invoice and
receipt, inspection, and approval of the goods and/or services.
18. "It is expressly understood and agreed that any articles which
are the subject of, or required to carry out this contract shall be
purchased from the Corporation identified under Chapter 946 F.S. in the
same manner, and under the procedure set forth in Section 946.15(2), (4),
F.S. and for purposes of this contract the person, firm or other business
entity carrying out the provision of this contract, shall be deemed to be
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subs tituted for this agency insofar as dealing with such corporation."
The "Corporation identified" is PRISION REHABILITATIVE
INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.).
In accordance with Chapter 946 Florida Statute, as amended by
the 1984/85 Legislature this requirement is hereby made a part of this
agreement. If you, as a vendor, need to obtain information and cost on
products and/or services available from P.R.I.D.E., please contact
P.R.I.D.E. at the address listed below:
P.R.I.D.E.
611 Druid Road East, Suite 715
Clearwater, Florida 33516
Att: James McDonie
Tel 813/441-1950
17. This project agreement is executed in duplicate, each copy of
which shall for all purposes be considered an original.
the day and year first above written.
IN WITNESS WHEREOF, the parties hereto executed this Agreement on
(SEAL)
Attes~ .
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(SEAL)
Attest., _ A
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Ci Clerk
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Contract Manager
DNR 1134-404
Amended 12/85
Approved as to form &
correctness:
City Attorn
EXECUTIVE DIRECTOR OF THE FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Dr. Elton J. Gissendanner
Name (Please Type)
CITY OF CLEARWATER, FLORIDA