Contract SWPP96-06DEP Agreement No. SWPP96-06
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SPECIAL WATERWAY PROJECTS PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is entered into this day of :10 , 199'r , between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the Monroe County Board
of County Commissioners whose address is 2798 Overseas Highway, Suite 420, Marathon, FL 33050 (hereinafter
referred to as the "GRANTEE"), to conduct a project under the Special Waterways Project Program.
In consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and GRANTEE do hereby
agree as follows: --�
1. The DEPARTMENT does hereby retain the GRANTEE to perform the Site Assessment for id
Prioritization of Channel Marking in the Florida Keys and Florida Keys Nation*-Iariiw
Sanctuary project as defined herein and the GRANTEE does hereby agree to perforrn,�uch services upon
the terms and conditions set forth in this Agreement and all attachments and exhibits named li�rein which
are attached hereto and incorporated by reference.
2. The GRANTEE shall perform the services in a proper and satisfactory manner as detetinine"y the
DEPARTMENT. Any and all such equipment, products or materials necessary to perffirm the§e services,
or requirements as further stated herein, shall be supplied by the GRANTEE.
3. The GRANTEE shall perform as an independent GRANTEE and not as an agent, representative, or
employee of the DEPARTMENT.
4. This Agreement shall begin upon execution by both parties and end October 31, 1997, inclusive. The
GRANTEE agrees to complete the project on or before October 31,1997. The final invoice shall be
submitted no later than December 1, 1997, to assure availability of funding for final payment.
5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
6. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the
DEPARTMENT shall pay the GRANTEE on a cost reimbursement basis as specified in Attachment A
All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper
pre -audit and post -audit thereof. No travel expenses are authorized under the terms of this Agreement.
Pursuant to Florida Statutes, the DEPARTMENT's project manager shall have 5 working 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 later date the invoice is received or services received, inspected, and approved. Invoice payment
requirements do not start until a proper and correct invoice is received. Invoices which have to be
returned to a GRANTEE 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
GRANTEE 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.
In accordance with Section 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE,
interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in
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DEP Agreement No. SWPP96-06
payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt,
inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced
unless a GRANTEE requests payment. The interest rate established pursuant to Section 55.03(l), by
Comptroller's Memorandum No. 10 (1995-96) dated December 1, 1995, has been set at 10.0% per annum
or .02740% per day. The revised interest rate for each calendar year beyond 1996 for which the term of
this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance,
Vendor Ombudsman at the telephone number provided below or the DEPARTMENT's Contracts Section
at 904/922-5942.
9. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity and the provisions of section 768.28, Florida Statutes.
10. The DEPARTMENT shall have the right to terminate this Agreement and demand refund of Program
funds for non-compliance with the terms and conditions of this Agreement. Failure to comply with
the provisions shall result in the DEPARTMENT declaring the GRANTEE ineligible for further
participation in the Program.
11. This Agreement may be canceled by either party, with or without cause, by giving 30 calendar
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:
GRANTEE DEPARTMENT
2798 Overseas Hwy. Suite 420 Office of Waterway Manaizement, MS630
Marathon, FL 33050 3900 Commonwealth Boulevard
Tallahassee, FL 32399-3000
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 GRANTEE to allow
public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement.
14. The DEPARTMENT's Project Manager is Jan R. De Laney, Program Grants Manager, Division of Law
Enforcement, Office of Waterway Management, Phone 904/488-5600 ext. 78. The GRANTEE's Project
Manager is George Garrett. Phone 305/289-2507. All matters shall be directed to the Project Managers
for appropriate action or disposition.
15. The DEPARTMENT may at any time, by written order designated to be a change order, make any change
in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of
performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as
evidenced in writing. Any change order which causes an increase or decrease in the GRANTEE's cost or
time shall require an appropriate adjustment and modification (formal amendment) to this Agreement.
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DEP Agreement No._SWPP96-06
16. It is expressly understood and agreed that any articles which are the subject of, or required to carry out,
this Agreement shall be purchased from the corporation identified under Chapter 946, F.S. in 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 AND DIVERSIFIED
ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at:
P.R.I.D.E.
5540 Rio Vista Drive
Clearwater, Florida 34620-3107
Telephone: (813)535-4900
17. The GRANTEE warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the GRANTEE 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 GRANTEE any fee, commission, percentage, gift or other consideration
contingent upon or resulting from the award or making of this Agreement.
18. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
19. 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.
20. The GRANTEE shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of the Agreement and for three years following Agreement completion. In the
event any work is subcontracted, the GRANTEE shall similatly require each subGRANTEE to maintain
and allow access to such records for audit purposes.
21. No delay or failure 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 failure be construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
22. The GRANTEE 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.
23. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in
any third party without the mutual written agreement of the parties hereto.
24. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded
from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in
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DEP.Agreement No. SWPP96-06
performance of this Agreement.
?�. 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.
26. The GRANTEE shall not subcontract, assign, or transfer any work under this Agreement without the
prior written consent of the DEPARTMENT's Project Manager. The GRANTEE agrees to be
responsible for the fulfillment of all work elements included in any subcontract consented to by the
DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract.
It is understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to any
subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE
shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
27. To the extent required by law, the GRANTEE will be self -insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of his
employees connected with the work of this project and, in case any work is subcontracted, the
GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all
of the latter's employees unless such employees are covered by the protection afforded by the
GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida
Workers' Compensation law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under the Workers' Compensation statute, the GRANTEE shall provide, and
cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the
protection of his employees not otherwise protected.
28. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the
DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The
DEPARTMENT shall have no liability except as specifically provided in this Agreement.
29. The DEPARTMENT shall have exclusive rights to all designs, logos, mottos, slogans, data or other
concepts developed under this Agreement. This provision shall apply whether the property just described
is in the possession of the GRANTEE or a third party.
30. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
31. Pursuant to the Lobbying and Disclosure Act of 1995, the Contractor agrees to refrain from entering into
into any subcontracts under this Contract with any organization described in Section 501 (c) (4) of the
Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage
in lobbying actvivities prohibited by the Act as a special condition of the subcontract.
32. 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, unless otherwise proved herein.
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List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Tyne Number
DEP Agreement No._SWPP96-06
Description include number of pages)
Attachment A Scope of Work (2 Pages)
Attachment B Project Application (9 pages)
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Page 5 of 6
DEP Agreement No. SWPP96-06
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year first
above written.
Board of Cnimtv Comm icainm rs
Name
C ILL
1 `
Title
County Name
Address
City, State and Zip Code
Federal Employment Identification
Number
Remittance Address:
��M�
Address
City, State and Zip Code
Department of Environmental Protection
n
CN
Dir desi nee, Division of Law Enforcemtnt
QrL
gram Grants NTanager
Approved as to form and legality:
DEP Assistant General Counsel
(SEAL)
ATTEST: DANNY L. K®LHAGE, CLERK
BY
DEPUTY CLERK
*If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing
that person to sign the Agreement on behalf of the county must accompany the Agreement.
Page 6 of 6
ATTACHMENT A
SCOPE OF WORK
This Agreement shall be performed in accordance with Sections 370.021(1), and
212.69(1)(a), F.S. and the Special Waterway Projects Program Policy, of the Division of
Law Enforcement, Office of Waterway Management, which are hereby incorporated by
reference as if fully set forth herein.
2. The GRANTEE agrees to perform the site assessment.for and prioritization of channel
marking in the Florida Keys and Florida Keys National Marine Sanctuary as
identified in the project application which is made a part of this Agreement by reference.
3. The Department agrees to obligate and make available to the GRANTEE the approved
project amount of $35,000.00 for the project authorized by this Agreement. The
Department will release the funds on a cost reimbursement basis. The reimbursement
shall be made in a single payment and must be made prior to December 31, 1997. The
Department and GRANTEE understand and agree that there shall be no reimbursement of
funds for expenses incurred prior to the execution of this Agreement.
4. The request for reimbursement shall consist of an invoice on the organization's letter
head, clearly marked as invoice, supported by an itemized listing, by category, of all
expenditures claimed, copies of checks for each amount for which rembursement is being
claimed indicating that the item has been paid, and receipts clearly reflecting the dates of
service and detailing the work performed to accomplish the project as specified in the
project application.
Asphalt paving, if any, shall conform with the Florida Department of Transportation's
specifications for road and bridge construction. Bid specifications, contracts, or purchase
orders must specify thickness of asphalt and square yards to be paved.
6. Upon project completion, the engineer, architect or other appropriate professional shall
sign a statement certifying satisfactory completion of the project in accordance with the
prepared plans and specifications.
The GRANTEE will provide photographs of the completed project and submit a
Certification of Completion form to be provided by the Department which certifies the
project has been completed.
8. The Project Manager shall, within sixty (60) days after receipt of a payment request,
review the work accomplished on the project and, if in order, approve the request for
payment.
Attachment A
SWPP96-06
Page 1 of 2
9. The GRANTEE is responsible for obtaining all permits, licenses, agreements, leases,
easements, etc., required for the project.
10. The GRANTEE shall erect a permanent sign, or use some other manner of
acknowledgement, approved by the Department, identifying the Department as a funding
source for the project.
11. If it becomes necessary for the Department to demand a refund of any or all funds
tendered pursuant to this Agreement, the GRANTEE agrees to return said funds to the
Department within sixty (60) days after notification by the Department. If not returned
within sixty days, the GRANTEE understands and agrees that any further GRANTEE
requests for funding as to this or any other program under the Department's
administration shall be denied until the funds have been returned.
12. Following receipt of an audit report identifying any reimbursement due the Department,
the GRANTEE will be allowed a maximum of sixty (60) days to submit additional
documentation to offset the amount identified or return the amount due.
13. The GRANTEE agrees that the project, when completed, shall be dedicated for public
recreational uses. The dedication shall be for a minimum of twenty-five (25) years and
shall be recorded in the public property records. The GRANTEE further agrees to return
to the Department funds tendered for the project in the event the project becomes used for
other than the purposes of the project during this period.
14. Failure to comply with the terms of this Agreement shall result in the Department
declaring the GRANTEE ineligible for further participation in the Program until such
time as the GRANTEE complies with the terms.
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Attachment A
SW96-06
Page 2 of 2
Attachment B
SW96-06
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF LAW ENFORCEMENT
SPECIAL WATERWAY PROJECTS PROGRAM
APPLICATION FORM
APPLICANT INFORMATION
Name of Applicant: Monroe County Board of Commissioners
2. Federal Employment Identification Number: 59-6000-749
3. Contact Person: Robin Dye
4. Title: Marine Resources Planner
5. Mailing Address: 2798 Overseas Highway, Suite 420, Marathon, Florida 33050
6. Telephone: (305) 289 2504 FAX: (305) 289 2536
FINANCIAL INFORMATION
Total Cost of proposed project.
2. Grant Funds Requested.
3. Sources of match.
a. Cash $ 20,000
b. In -Kind $ 153000
C. Other $ 0
SUPPORTING DOCUMENTATION
$ 70,000
$ 353000
Submit the following items that are appropriate with your application. Please note that your application is
incomplete and will not be processed until these items have been received.
X 1. Boundary map of the project area. The map must provide a description and sketch of the
project area boundaries, displaying know easements, and be legally sufficient to identify the project area.
N/A 2. Color, on -site photographs sufficient to depict the physical characteristics of the project
area. Aerial photographs are also requested. Please mark approximate boundaries of the project site.
N/A 3. A location chart using the current edition of a NOAA nautical chart (North American
Datum NAD 83) indicating the project site. These charts can be obtained from: Distribution Branch
(N/CG33), NOAA-National Ocean Service, 6501 Lafayette Avenue, Riverdale, Maryland 20737-1199,
(301) 436-6990.
Application modified from original to reflect reduction in available funding
Attachment B
SW96-06
N/A 5. Site control documentation (e.g. deed, lease, or management agreement, etc.) for the
project site.
PROJECT INFORMATION
1. Name of Project: Site Assessment for and Prioritization of, Channel
Marking in the Florida Keys and Florida Keys National Marine Sanctuary
Project Type: (Check one).
X Promote Boating quality and/or boating safety.
Increase public Access
3. Will this project be on land:
Owned by the applicant? N/A
Under site control by applicant? N/A
Date site control expires: N/A
4. Project Location: City N/A
County Monroe County
Water body Waters surrounding the Florida Keys bounded
by Florida Bay, the Gulf of Mexico, and the
Atlantic Ocean
5. Legislative districts in which the project is located:
State Senate 40 State House 120
PROJECT DESCRIPTION
Briefly Describe the project. Please attach a scope of work or project proposal.
During the development of the Draft Management plan for the Florida Keys National Marine
Sanctuary, ten major "Action Plans" were written which will guide the future management of
the Sanctuary area and the waters surrounding the Florida Keys. One of the action plans is the
"Channel Marking Action Plan." Monroe County drafted that Action Plan in its entirety and
will be responsible for its implementation. The data and information collection components of
the action Plan are complete (see attached copy of the Action Plan) .
The purpose of this project will be to assess and prioritize the need for channel marking in
specific locations throughout the Florida Keys. Information such as prop scarring data, boat
grounding data, marine facilities surveys data, boating access survey data, and data on the
location of both permitted (approx. 918) and unpermitted (approx. 1375), all available on GIS,
will allow us to assess need for, effectiveness of, and the priority of channel marking in a large
number of areas in the Keys.
2. Please explain the need for this project.
Application modified from original to reflect reduction in available funding
Attachment B
SW96-06
Over the past years resource managers, regulatory personnel, and enforcement officers have
watched as large areas of the Keys' shallow seagrass meadows and algal flats have been
damaged by boaters who inadvertently or intentional cross them.
Based on surveys conducted through the Florida Marine Research Institute (FMRI), the total
area of damage resulting from prop scarring exceeds 30,000 acres in Monroe County (FMRI
Technical Report TR-1). Damage ranges from light (14,560 acres) to moderate (10,430 acres)
to severe (5060 acres).
A four point approach for managing shallow water resource damage was developed in the
Florida Keys and is represented in the FMRI work noted above. One approach is channel
marking. This project will develop the channel marking component of the four point
approach. The result of the plan and implementation, through actual marking, will be a
reduction of new shallow water damage and an improvement in currently damaged areas.
The implementation of the four point approach is critical, however, to the complete success of
the program The other components are education, enforcement, and the use of restrictive
zoning.
3. Please identify the number of motorized boating public that will benefit from this project.
In 1993, Monroe County had 20,163 registered boats. This number has been increasing at a
steady 400-500 boats per year for the past ten years. Roughly 80 percent of the 1993 total
were recreational vessels. Each of the owners of these boats will benefit in improved resource
protection and in their ability to otherwise utilize Keys marine resources. In addition there are
innumerable tourists who visit the Keys from other areas around south Florida, other states,
and other countries. The number of tourist visiting the Keys each year exceeds 6 million.
Many of the individuals or families who visit to Keys utilize rental boats registered in the Keys
or trailer their own boats to the Keys. These people will benefit most because of their specific
lack of local knowledge of the channels and location of shallow benthic resources.
4. Please answer the following:
a. How will this project promote boating quality and/or safety?
Major efforts have been undertaken to quantify and assess the negative impacts of boating
activities on shallow benthic resources throughout the state. This project will assist in focusing
the activities of boaters to well marked channel areas where limited or no damage can occur,
thus reducing future impacts and allowing presently impacted areas to heal. Use of these
marked areas will be readily understood and accepted by boaters as efficient means of
providing access to ocean and bay areas of the Keys while at the same time providing
appropriate routes for the purposes of promoting and accomplishing marine resource
protection. Part of being a good boater in Florida today is practicing techniques which protect
our shallow resource areas.
b. How will this project improve boating access?
Application modified from original to reflect reduction in available funding
Attachment B
SW96-06
While it is possible that this project could promote greater access to the waters of the Keys, we
hope rather, that it provides safer and more secure access to these areas. There are plenty of
boats on the waters surrounding the Keys based on the several major observational efforts
undertaken by the State and the Marine Sanctuary program. That is part of the problem as
established by the extent of resource damage occurring. This project will promote appropriate
access.
C. Are other funding sources available for this project?
Boating Improvement Funds will be utilized to fund implementation after this project is
complete. There are relatively few funding sources, however, that allow the use of moneys
provided to hire needed staff. A possible additional source is the State Pollution Recovery Trust
Fund.
I certify that the information provided in this application is true and accurate. I further certify that I possess
the authority to apply for this grant on behalf of the applicant.
Signature of Authorized Representative
Date
Application modified from original to reflect reduction in available funding
Attachment B
SW96-06
Scope of Work
Background:
Through the use of the Boating Improvement Fund, Monroe County has played a
continuous role in the placement of channel markers within the waters of the
County. The process for determining the placement of these has been hap-
hazard and based primarily on individual and uncoordinated requests from the
public.
As the County established its Marine Resources Department in 1990, the state
began to assess prop damage in the Keys and throughout the state, and the
National Marine Sanctuary was designated, the need for a comprehensive
channel marking plan became obvious.
Through a several efforts on the part of the County, the Florida Marine Research
Institute, and NOAA we now have clear cut spatial, temporal, and descriptive
data on:
• Boat Activity Patterns (Yearly, Seasonally, and during key weekends and
vacation periods;
• Shallow Water Resource Damage;
• 479 Marine Facilities;
• The location of all permitted channel markers and most un-permitted
markers;
• The location of most routes of access throughout the Keys area; and
• The controlling depth and benthic characteristics of all residential and some
commercial subdivision access channels.
These projects were anticipated and, in some cases underway, when the County
wrote the Channel Marking Action Plan for the Florida Keys National Marine
Sanctuary Draft Management Plan. As these project were completed, the County
was convening a working group comprised of the major agencies involved in
reviewing and permitted channel markers. This group became known as the
"Channel Marking Work Group" and was comprised of the following agencies:
N.O.A.A. Superintendent, Florida Keys National Marine Sanctuary
Regional Permit Coordinator, National Marine Fisheries
Service
U.S.C.G. Regional Director, Aids to Navigation - Miami office
U.S. E.P.A. Director, Region IV
Application modified from original to reflect reduction in available funding
Attachment B
SW96-06
U.S. F.W.S. Director, Key Deer, Great White Heron, and Key West
National Wildlife Refuges
F.D.E.P. Director, Marine Research Institute
Assistant Director, Boating Safety/Public Information, Office
of Waterways Management
Director, Keys Office of State Lands
F.D.C.A. Director, Florida Keys Field Office
F.G.F.W.F.C. Coordinator, Florida Keys Field Office'
The primary purpose of this group was to develop a set of criteria which could be
utilized to assess and prioritize channel marking throughout the Florida Keys.
The group met several times and crafted a set of criteria which are attached as a
part of this project proposal. The product was a ranking scheme which allows
the prioritization of damaged areas for marking. The criteria focus on improving
the condition in known locations of shallow water resource damage. Data from
FMRI is the primary source of information on shallow resource damage. In
addition, the criteria address other resource based issues which help in the
assessment of channel marking as a means to protect shallow resources in
focused areas.
Project Objectives:
The objectives of this project are to:
• Assess and prioritize all known locations of shallow water resource damage
for potential channel marking; and
• Prepare preliminary marking schemes for all locations for which it is
determined that marking could improve current and future shallow water
resource damage.
• Complete a Channel Marking Plan for the Florida Keys which will serve to
improve damaged shallow water grass flats while providing more secure
access to boaters.
Scope of Work
Utilizing funds acquired for this project the County will hire an individual to
work exclusively on the completion of this project. With the oversight of the
I NOAA
National Oceanographic and Atmospheric Administration
U.S.C.G.
U.S. Coast Guard
U.S.E.P.A.
U.S. Environmental Protection Agency
U.S.F.W.S.
U.S. Fish and Wildlife Service
F.D.E.P.
Florida Department of Environmental Protection
F.D.C.A.
Florida Department of Community Affairs
F.G.F.W.F.C.
Florida Game and Fresh Water Fish Commission
Application modified from original to reflect reduction in available funding
Attachment B
SW96-06
Director of Marine Resources and the Marine Resources Planner, the individual
hired will take the lead on completing most aspects of the project.
Acquire Existing Data
The first task under this project will to acquire all existing data which can assist
in the development of a channel marking plan. Much of this data already resides
with the County, but, those that do not include:
• NOAA 1990 Aerial photography of the FKNMS
• NOAA boat grounding data
• FMRI GIS data on the location and severity of resource damage to
shallow water areas
• FMRI GIS data on aerial surveys of boating activity
Other data available includes marine facilities survey information, information
concerning the existing locations of permitted and un-permitted markers, typical
routes of travel throughout the Keys, and subdivision access information.
Assess Need for Channel Marking from the Marquesas Keysy Largo
The project team will utilize the criteria noted in the Background section and a
combination of GIS data, aerial photography, and on the water surveys to
determine the areas which can most effectively be marked for the purposes of
resource protection. Utilizing the ranking criteria, focus will be pointed at the
largest areas which exhibit the greatest severity of damage. This will be
determined utilizing existing GIS data. In cases where smaller, less damaged
areas lie adjacent to larger and more severely impacted areas on the same water
body, these will be considered collectively.
On the water surveys utilizing NOAA and Marine Patrol personnel and boats will
be carried out to ground truth high priority areas based on the outcome of initial
in -office consideration of GIS data and aerial photography. Limited aerial survey
may be necessary in some cases. NOAA and Marine Patrol aircraft will typically
be utilized, as well as, pilots who volunteer through the NOAA Volunteer
Program.
Develop specific marking_ proposals for areas needing markers
As high priority sites are defined, additional on the water surveys will be
necessary to establish the best locations for marking. Coordination with the
Florida Marine Patrol, other agencies within FDEP, the U.S. Coast Guard, and
Application modified from original to reflect reduction in available funding
Attachment B
SW96-06
other agencies who have direct jurisdiction or who normally comment to
permitting agencies will be necessary.
As a marking plan is finalized, the project team will convene the Channel
Marking Work Group for critique of the sites selected for marking. Such critique
will be requested to confirm the necessity at particular locations and the
effectiveness of proposed marking schemes. The Channel Marking Work Group
will be asked to assess how well they think the proposed plan will improve
resource damage in selected areas. They will also be asked to provide additional
locations if they feel that such locations are appropriate or to suggest the
elimination of sites if they are inappropriate
The ultimate goal of this project will be to develop a list of priority areas for
which channel marking can be a solution for the improvement of existing
resource damage. The completion of this project will allow broad scale
permitting of channel markers throughout the Florida Keys area in a consistent,
coordinated, and comprehensive manner. Within the scheme of the Florida Keys
National Marine Sanctuary Draft Management Plan and the scope of the
County's Comprehensive Plan, channel marking will also provide improved
access to boaters. Civil citation enforcement under the Sanctuary Act involving
damage to shallow resources will also be made easier as the distinction between
"where boaters should and shouldn't be traveling" will become more clear.
Project Schedule
Project Task
Time Frame
Data acquisition
End of 1 st project
month
Office and field assessment of known
locations exhibiting shallow water
resource damage
End of 3rd
project month
Prioritization of damaged areas for
Channel Marking
End of 6th
project month
Convene the Channel Marking Work
Group
Between 6th and 9th project months
Provide Final Report
End of 9th
project month
Work Products
• Quarterly Progress reports
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Attachment B
SW96-06
• Assessment report on the effectiveness of Channel Marking in all locations
known to exhibit shallow water resource damage.
• A final report which outlines a plan to channel mark areas from the
Marquesas Keys to Key Largo for the purposes of resource protection and
improved access
Budget
Project Grant
Temporary employee (1 year)
Total Project Request
In Kind Match
$357000
Boating Improvement Funds (BIF) $207000
Boat Rentals
Boat Fuel
Aircraft rental ($ 50.00/hour)
Purchase Existing Aerial Photography (NOAA)
New Aerial Photography
Director of Marine Resources ($ 21.83/Hour) $ 67811
(1 Day/ Wk for 9 Months - 312 Hours)
Marine Resources Planner ($ 15.00/Hour) $ 47221
(1 Day/ Wk for 9 Months - 312 Hours)
GIS Director ($15.97/Hour) $ 17278
(10 Days - 80 Hours)
Office Materials, Copying, Auto Fuel, GPS, GIS $ 27690
Total In -Kind Match
Project Value
Total Project Amount
$ 357000
$ 35,000
$ 70,000
Application modified from original to reflect reduction in available funding
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Attachment B
SW96-06
Project Area Boundary Coordinates
For the purposes of this project, the boundary will be that of the Florida
Keys National Marine Sanctuary as adopted in the Florida Keys National
Marine Sanctuary and Protection Act (Public Law 101-605 (HR 5909)),
but, excluding the area to the east of the Marquesas Keys.
The boundary of the Florida Keys National Marine Sanctuary:
(A) begins at the northeasternmost point of Biscayne National Park
located at approximately 25 degrees 39 minutes north latitude, 80 degrees
5 minutes west longitude, then runs eastward to the 300 foot isobath
located at approximately 25 degrees 39 minutes north latitude, 80 degrees
4 minutes west longitude;
(B) then runs southward and connects in succession the points at the
following coordinates:
25 degrees 34 minutes north latitude, 80 degrees 4 minutes west
longitude,
25 degrees 28 minutes north latitude, 80 degrees 5 minutes west
longitude,
25 degrees 21 minutes north latitude, 80 degrees 7 minutes west longitude
(C) then runs southward to the northern corner of the existing Key
Largo National Marine Sanctuary located at 25 degrees 16 minutes north
latitude, 80 degrees 8 minutes west longitude;
(D) then runs southwesterly approximating the 300-foot isobath and
connects in succession the points at the following coordinates:
25 degrees 07 minutes north latitude, 80 degrees 13 minutes west
longitude,
24 degrees 57 minutes north latitude, 80 degrees 21 minutes west
longitude,
24 degrees 39 minutes north latitude, 80 degrees 52 minutes west
longitude,
Application modified from original to reflect reduction in available funding
Attachment B
SW96-06
24 degrees 30 minutes north latitude, 81 degrees 23 minutes west
longitude,
24 degrees 25 minutes north latitude, 81 degrees 50 minutes west
longitude,
24 degrees 22 minutes north latitude, 82 degrees 48 minutes west
longitude,
24 degrees 37 minutes north latitude, 83 degrees 06 minutes west
longitude,
24 degrees 40 minutes north latitude, 83 degrees 06 minutes west
longitude,
24 degrees 46 minutes north latitude, 82 degrees 54 minutes west
longitude,
24 degrees 44 minutes north latitude, 81 degrees 55 minutes west
longitude,
24 degrees 51 minutes north latitude, 81 degrees 26 minutes west
longitude,
24 degrees 55 minutes north latitude, 80 degrees 56 minutes west
longitude;
(E) then follows the boundary of Everglades National Park in a southerly
then northeasterly direction through Florida Bay, Buttonwood Sound,
Tarpin Basin, and Blackwater Sound;
(F) after Division Point, then departs from the boundary of Everglades
National Park and follows the western shoreline of Manatee Bay, Barnes,
and Card Sound;
(G) the follows the southern boundary of Biscayne National Park and the
northern boundary of Key Largo National Marine Sanctuary to the
southernmost point of Biscayne National Park; and
(H) then follows the eastern boundary of Biscayne National Park to the
beginning point specified in (A) above.
Application modified from original to reflect reduction in available funding
Attachment B
SW96-06
Channel Marking Prioritization Criteria
(Revised from 16 August 1994)
Prioritization Criteria Points
Severity of impact at damaged area is identified as exhibiting a:
"High" level of impact 50
"Moderate " level of impact 25
"Low" level of impact 0
based on the Kruer 1993, Prop Damage Survey for FMRI
Damaged area is:
"Large" in area (>25 acres) 50
"Medium" in area (>10 acres, but, < 2 5 acres) 25
"Low" in area (< 10 acres) 0
based on GIs area calculation
Note: We will make a reality check to add in additional areas that this process
of prioritization may have missed (i.e. areas that have high levels of damage
severity, but are small in area. Such areas might only need a single marker to
solve a problem.).
Damage does not appear to be primarily the result of a random act
having nothing to do with purposeful travel from place to place. 10
SEE Education, Enforcement
Damage does not appear to be primarily the result of developing
new routes (As short cuts, for intrusion into new areas, or, as the
result
of new shoreline commercial or residential development) 10
SEE Education, Enforcement
Damage does not appear to be the result of the use of inappropriate
draft vessels. 10
SEE Education, Enforcement
MAY need to develop draft restriction.
Inappropriate draft = Vessels whose draft exceeds 80 percent
of the controlling depth of the route or damaged area under
normal operations and conditions of transit.
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Attachment B
SW96-06
Route which contains damaged area or route leading to a damaged
area does not transit near sandy beach areas which are known sites
of turtle nesting. (Based on documentation from Save A Turtle,
FWS, FGFWFC, or Everglades/Dry Tortugas NPS) 10
See Education and Enforcement.
Damaged area or route leading through a damaged area is not
within an area noted for special management in the
FWS Back Country Management Plan. 10
The damaged area or the travel route of which it is part do not
transit other managed areas which provide any limitations on vessel
type, travel characteristics or impacts on wildlife which result from
the act
of transit. 10
The damaged area is not in or immediately adjacent to an area
critical for bird, nesting roosting, or foraging. (As defined by the
FWS,
FGFWFC, or Everglades NPS 10
See Education.
The damaged area or the travel route of which it is a part will not
significantly impact the Manatee (based on documented boat strikes) 10
Damaged area is on a common travel route (based on historic use
and volume of traffic). See Education. 10
If "Yes," then:
Common route has no reasonable alternatives.
Level of traffic is estimated to be:
"High" 10
"Medium" 5
99LOW" 1
Subjective, intended to provide marking for heavily utilized
areas. Assessment should be made based on qualitative
comparisons of the numbers of boats using other areas.
(Maybe we need to do some boat counts across bridges or
critical passages) .
Damage exists because the route is narrow, circuitous,
10
Application modified from original to reflect reduction in available funding
Attachment B
SW96-06
or otherwise difficult to "read." 10
Route is entirely in deep water (greater than 4 10
feet MLW) .
Route does contain areas that are shallow (less
than 4 feet MLW). 5
Route is entirely in waters of less than 4 feet
MLW. -5
The channel marking can be limited to the identified damaged
area (e.g. creates a better route at specific area of damage or
hinders short cutting at that location) . 10
The route already has legally permitted markers along the majority
of its length. 10
If "Yes," then;
Some existing markers are poorly placed, 10
additional markers are needed to clarify the best route 10
There are other damaged areas prioritized for marking along the
same route. 10
SUM
The sum serves to rank each damaged area for completion of marking. Damaged
areas receiving the highest values would be marked first.
Application modified from original to reflect reduction in available funding