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Contract SWPP97-21DEP Agreement No. SWPP97-21 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into this )_ 'day of , 19 W , betweenAe 40WArn DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DiffTMENT�and the Monroe County Board of County Commissioners whose address is 2798 Overseas Highway',S ite 0 0 Marathon, Florida 33050 (hereinafter referred to as the "GRANTEE"), to conduct a project AAe §&eciaV Waterway Projects Program., s m o In consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and GR TTI d6l ere agree as follows: The DEPARTMENT does hereby retain the GRANTEE to perform the Boater's Guide to the Florida Keys {Lower Keys and Upper Keys) project as defined herein and the GRANTEE does hereby agree to perform such services upon the terms and conditions set forth in this Agreement and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The GRANTEE 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 GRANTEE. 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 December 31, 1998, inclusive. The GRANTEE agrees to complete the project on or before November 2, 1998. The final invoice shall be submitted no later than November 16, 1998, 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. 7. 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 the State of Florida agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or (800) 848-3792. SWPP 97-21 Page 1 of 6 8. 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 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(1), by Comptroller's Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1998 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 above, or the DEPARTMENT's Contracts Section at (850) 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 or 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 George Garrett Project Manager Monroe County 2798 Overseas Highway, Suite 420 Marathon, FL 33050 DEPARTMENT Jan R. DeLaney Project Manager Division of Law Enforcement 3900 Commonwealth Blvd, MS 665 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. DeLaney, Program Grants Manager, Division of Law Enforcement, Bureau of Administrative Support, Phone 850-488-5600, extension 178. 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. S WPP 97-21 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 Agreement shall be purchased from the corporation identified under Chapter 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. 12425 28'h Street North St. Petersburg, Florida 33716 Telephone: (813) 572-1987 17. The GRANTEE warrants that it has not employed or retained any company or person, other Phan 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 similarly 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. SWPP 97-21 Page 3 of 6 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 performance of this Agreement. 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. 26. The GRANTEE shall not subcontract, assign, or transfer 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 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. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement. 32. Pursuant to the Lobbying and Disclosure Act of 1995, the Contractor agrees to refrain from entering into any subcontracts under this Agreement 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 activities prohibited by the Act as a special condition of the subcontract. SWPP 97-21 Page 4 of 6 33. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SWPP 97-21 Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year first above written. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Chrhor designee* 6) tv �6 N Name (Print) MZ9VP9 Title mob(�—>Oc County Name -7" COLOE (,6 �db Address 5% 6 City, State and Zip CoUe Federal EnIployrpent Identification Number 6 Y X ---IYy Remittance Address: ,5,lq / l 17 Address City, State and Zip Code FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Direc or, Divisio of Law Enforcement DEP Pr ram Grants Manager Approved as to form and legality: p Assistant General Counsel (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK '� BY DEPUW CLERKJ APPROVED AS TO FORM A GAL S FICIF Y. ROBERT N. DATE *If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the county must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Scope of Work (2 Pages) Attachment B Project Application (7 Pages) SWPP 97-21 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), Florida Statutes, and the Special Waterway Projects Program Policy, of the Division of Law Enforcement, Bureau of Administrative Support, which are hereby incorporated by reference as if fully set forth herein. 2. The GRANTEE agrees to perform the Boater's Guide to the Florida KeY(Lower Keys and Upper Keys) project as identified in the project application which is made a part of this Agreement by reference. Further, the DEPARTMENT shall review and approve in writing all proposed publications which will be funded by this grant to assure that environmental and boating safety issues are effectively addressed. 3. The DEPARTMENT agrees to obligate and make available to the GRANTEE the approved project amount of $31,000 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, 1998. Unless a retroactive waiver for project work has been approved by the DEPARTMENT, the GRANTEE understands and agrees 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 letterhead, clearly marked as invoice, supported by an itemized listing, by category, of all expenditures claimed, copies of checks for each amount for which reimbursement 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. 5. 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. 7. 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 S WPP97-21 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment A SWPP97-21 Page 2 of 2 05/18/98 14:06 FAX 3052892536 GROWTH MGIT 1@03 Monroe CountyDepartment of Marine Resources Special Waterway Projects Program Grant FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF LAW ENFORCEMENT SPECIAL WATERWAY PROJECTS PROGRAM APPLICATION FORM Attachment B APPLICANT INFORMATION 1. Name of Applicant: Monroe County Board of Commissioners 2. Federal Employment Identification Number. 59-6000-749 3. Contact Person: George Garrett 4. Title:Monroe County. Director of Marine Resources 6. Mailing Address: 2798 Overseas Highway, Suite 420, Marathon, Florida 33050 6. Telephone: (305) 289 2507, SunCom 494-2507 FAX: (305) 289 2536 FINANCIAL INFORMATION Total Cost of proposed project. S 62,000 2. Grant Funds Requested. 31,000 3. Sources of match. a. Cash $ 5,000 b. In -Kind $ 26,000 C. Other $ SUPPORTING DOCUMENTATION 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. Resolution authorizing that a designated representative has authority to apply for and administer the grant on behalf of the applicant. X 2. 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 3. 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 4. 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 05/18/98 14:06 FAX 3052892536 GROWTH MGMT Q04 Monroe CountyDepartment of Marine Resources Special Waterway Projects Program Grant (N/CG33), NOAA-National Ocean Service, 6601 Lafayette Avenue, Riverdale, Maryland 20737-1199, (301) 43"990. X 5. Latitude and longitude coordinates (utilizing NAD 83 Datum) N/A 6. Site control documentation (e.g. deed, lease, or management agreement, etc.) for the project site. N/A 7. Photocopies of necessary project permit(s) or permit appllcatlons(s). PROJECT INFORMATION 1. Name of Project: Boater's Guide to the Florida Keys (Lower Keys and upper Keyes 2. Project Type: (Check one). X Promote Boating quality and/or boating safety. Increase public Access 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 Coun 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 proposed project. (an attachment, not to exceed one page may be attached). The purpose of this project is to provide the boating community with practical boating guides for the Upper and Lower Florida Keys. The guides, produced in a simplified color coded map format, will illustrate the natural resource areas, vessel speed zones, boating access locations, aids to navigation, and marine facility amenities. Ultimately, the guides will aid in resource protection and responsible boating. Boaters will easily interpret areas to avoid due to shallow water, corals, manatees and sea grass beds. Additionally, boaters will be notified where they can launch, moor, pump -out, and fuel their vessels. 05/18/98 14:06 FAX 3052892536 GROWTH NM la05 Monroe CountyDepartment of Marine Resources Special Waterway Projects Program Grant 2. Please explain the need for this project based upon documentation such as studies and/or planning documents. 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 intentionally 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). The creation of the Boater's Guides will provide visitors and residents of the Florida Keys with a visual description of these delicate areas and a means to safely access these sites. In addition, the guide will illustrate where boater's can pumpout, fuel, and repair their vessels for safe operation throughout the Keys. 3. Please Identify the number of motorized vessels that will benefit from this project In 1996/97, Monroe County listed 18,731 registered pleasure boats. Each of the owners of these boats will benefit from 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 tourists visiting the Keys each year exceeds 2.5 million (Leeworthy, 1996) _ Many of the individuals or families who visit to Keys use 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 access areas and location of shallow benthic resources, marine facilities, mooring sites, safe speed zones and aids to navigation. 4. Please answer the following: How will this project improve boating access? While it is possible that this project could promote greater access to the waters of the Keys, it should provide 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, navigation and wise use of marine resources in the Keys through easy to understand maps. Clearly marking launching facilities, channel markers, mooring areas on the guide will improve safe boating access to and on the water. b. 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. It will also list mooring sites and amenities such as sewage pump -outs offered by the various marine facilities found throughout the Keys. The mapped areas will be readily understood by boaters as efficient means of providing access to ocean and bay areas of the Keys. At the same time the guide will illustrate appropriate boating routes for the purposes of promoting and 05/18/98 14:06 FAX 3052892536 GROWTH MGHT [a06 Monroe CountyDepartment of Marine Resources Special Waterway Projects Program Grant accomplishing marine resource protection. Part of being a good boater in Florida today is practicing techniques which protect our shallow resource areas. C. Are other funding sources available for this project? Not at this time. Monroe County Department of Marine Resources will provide a match through salaries and cash. d. What is the status of project permitting? Permits Obtained Permits Pending Plan to apply for permits Pernvts not leguirzed 1 hereby 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 40vre'lik�d 16 & lilt Sig ure c0torized Representative Date 05/18/98 14:06 FAX 3052892536 GROWTH NGHT [a07 Monroe CountyDepartment of Marine Resources Special Waterway Projects Program Grant Scope of Work Background: The high volume of residents and tourists boating in the Florida Keys tied with water quality and resource degradation has inspired the Monroe County Department of Marine Resources to produce a simple representation of boating access, natural resources and marine facilities. Through the combined efforts of the Florida Marine Research Institute (FMRI) and Monroe County the compilation of the Upper and Lower Keys Boater's Guides will aid in safe navigation and access to the unique areas of the Keys. Through the efforts of Monroe County, the Florida Marine Research Institute, and the National Oceanic and Atmospheric Administration (NOAA) we now have clear cut spatial, temporal, and descriptive data on: e Boat Activity Patterns (Yearly, Seasonally, and during key weekends and vacation periods; e Natural Resource inventory; e 479 Marine Facilities; e Boating Speed Zones; e The location of all permitted channel markers and most un-permitted markers; e The location of most routes of access throughout the Keys area; and e The controlling depth and benthic characteristics of all residential and some commercial subdivision access channels. The Boater's Guides to the Florida Keys would complement the existing series of guides created by FMRI for other areas. The guides, or maps target the county's 18,731 registered pleasure boat owners and millions of tourists educating them about somc of the major issues involving the marine environment. The double sided fold out guides, created at the largest scale possible, will display environmental information in a context that would not only appeal to boaters by explaining the natural world surrounding them, but also inform them about boating and marine facilities in the area. The map and written information on the reverse side, make up the context of the guides. The maps will display the distribution and extent of the marine natural resources, managed areas, marine facilities, and selected place names. While the written information will explain the importance of marine habitat to the health of the marine ecosystem as well as how boating behavior can impact the environment. In addition, there will be tables and charts outlining such information as the nautical "rules of the road" and fishing regulations. These guides will be made available for free at most marinas, tackle shops, boating supply stores and other marine businesses throughout the Keys. Project Objectives: The objective of this project is to produce two double sided fold out Boater's Guides to the Florida Keys (Upper Keys and Lower Keys). 05/18/98 14:06 FAX 3052892536 GROWTH MGHT [a 08 Monroe CountyDepartment of Marine Resources Special Waterway Projects Program Grant Scope of Work Utilizing funds acquired for this project, the County will collect marine facilities data throughout the Keys, provide the current information to the Florida Marine Research Institute for compilation and production, and distribute the guides throughout the region. Acquire Existing Data The first task under this project is to acquire all existing data which can assist in the development of the Boater's Guides to the Florida Keys. Much of this data already resides with the County and in FMRI GIS databases. However, current marine facilities information will be needed for boat access, boat fuel stops, sewage pump -puts and mooring buoy accomodations. Project Schedule Pr sect Task Time Frame Data acquisition July 1 - September 28 Layout and Design of Boater's Guide October 19 Negatives of Boater's Guide October 30 Print of Boater's Guide November 2 Work Products • Monthly Progress reports • A final report consisting of two printed guides entitled, "Boater's Guide to the Upper Florida Keys," and "Boater's Guide to the Lower Florida Keys." Budget Project Grant Layout and Design Upper Keys $ 6,000 Lower Keys $ 6,000 Negatives Upper Keys $ 2,000 Lower Keys $ 2,000 Printing 30,000 copies Upper Keys $ 10,000 30,000 conies Lower Keys $ 10,000 Total Project Request $ 36,000 05/18/98 14:06 FAX 3052892536 GROWTH MGMT 009 Monroe CountyDepadrnent of Marine Resources Special Waterway Projects Program Grant In Kind Match Director of Marine Resources ($ 33.77/Hour) $ 4,323 (1Day/Wk for 4 Months - 128 Hours) Marine Resources Planner ($ 21.19/Hour) $ 9,493 (3.5Days/Wk for 4 Months - 448 Hours) Marine Resources Planner ($ 21.19/Hour) $ 2,712 (IDay/Wk for 4 Months - 129 Hours) Marine Resources Staff Assistant ($15.97/Hour) $ 2,044 (1 Day/ Wk for 4 Months - 128 Hours) Office Materials, Copying, Auto Fuel, DGPS, GIS $ 7,429 Total In -Kind Match Proeect Value $ 26,000 Total Project Amount $ 62,000 RESOLUTION NO. 245-1998 'A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE DIRECTOR OF MARINE RESOURCES TO SIGN PERMIT APPLICATIONS FOR PROJECTS APPROVED BY THE BOARD AND THE MARINE FACILITIES SURVEY RELATED TO FLORIDA KEYS BOATER'S GUIDE. WHEREAS, the Monroe County Board of Commissioners recognizes the continuing role of the Department of Marine Resources in completing the marine facilities survey including the Florida Keys Boater's Guide; and WHEREAS, it is in the best interest of the citizens of Monroe County to see the permit process expedited for the aforementioned project types; and The Director of Marine Resources is authorized to sign all applications for the purposes of obtaining grant money to complete the marine facilities survey including the Florida Keys Boater's Guide, and other marine related projects previously approved by the Board. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 10 thday of June, A.D., 1998. Mayor London Mayor Pro Tem Harvey Commissioner Freeman, Commissioner Douglass Commissioner Reich BOARD OF CO MONROE CO( (SEAL) yes yes yeb yes yes COMMISSIONERS LDA Mayor/Chairman ATTEST: DANNY L. KOLHAGE, CLERK 31 RES.DOC 05/19/98 11:34 AM t4, 1 DEP Agreement No. SWPP97-21 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into this A4"day of ,7u vim. , 19 9 8 , 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, Florida 33050 (hereinafter referred to as the "GRANTEE"), to conduct a project under the Special Waterway Projects 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 Boater's Guide to the Florida Keys (Lower Keys and Upper Keys) project as defined herein and the GRANTEE does hereby agree to perform such services upon the terms and conditions set forth in this Agreement and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The GRANTEE 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 GRANTEE. 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 December 31, 1998, inclusive. The GRANTEE agrees to complete the project on or before November 2, 1998. The final invoice shall be submitted no later than November 16,1998, to assure availability of funding for final payment. 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. 7. 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 the State of Florida agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or (800) 848-3792. SWPP 97-21 Page 1 of 6 8. 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 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(1), by Comptroller's Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1998 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 above, or the DEPARTMENT's Contracts Section at (850) 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 or 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 George Garrett Project Manager Monroe County 2798 Overseas Highway, Suite 420 Marathon, FL 33050 DEPARTMENT Jan R. DeLaney Project Manager Division of Law Enforcement 3900 Commonwealth Blvd, MS 665 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. DeLane�Program Grants Manager, Division of Law Enforcement, Bureau of Administrative Support, Phone 850-488-5600, extension 178. 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. SWPP 97-21 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 Agreement shall be purchased from the corporation identified under Chapter 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. 12425 28`h Street North St. Petersburg, Florida 33716 Telephone: (813) 572-1987 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 similarly 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. SWPP 97-21 Page 3 of 6 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 performance of this Agreement. 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. 26. The GRANTEE shall not subcontract, assign, or transfer 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 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. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement. 32. Pursuant to the Lobbying and Disclosure Act of 1995, the Contractor agrees to refrain from entering into any subcontracts under this Agreement 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 activities prohibited by the Act as a special condition of the subcontract. SWPP 97-21 Page 4 of 6 33. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SWPP 97-21 Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year first above written. MONROE COUNTY BOARD OF COLINTY COMMISSIONERS A Name (Print) PAA�w� Title M 6 IV �-IOC County Name Address � '�- -3 3C)w City, State and Zip Code Federal Employment Identification Number 7 V1 Remittance Address: Address City, State and Zip Code FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Director, b ivisio of Law Enforcement DEP Pr ram Grants Manager Approved as to form and legality: ,,,--z -DEP. Assistant General Counsel (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK D K .K h C APPROVED AS TO FORM A AL S FFIC CY RO ERT N. WO DATE �Q.�, *If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the county must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Tyne Number Description (include number of pages) Attachment A Scope of Work (2 Pages) Attachment B Project Application (7 Pages) SWPP 97-21 Page 6 of 6 ATTACHMENT A SCOPE OF WORK 1. This Agreement shall be performed in accordance with Sections 370.021(1), and 212.69(1), Florida Statutes, and the Special Waterway Projects Program Policy, of the Division of Law Enforcement, Bureau of Administrative Support, which are hereby incorporated by reference as if fully set forth herein. 2. The GRANTEE agrees to perform the Boater's Guide to the Florida Keys (Lower Keys and Ueaer Keys) project as identified in the project application which is made a part of this Agreement by reference. Further, the DEPARTMENT shall review and approve in writing all proposed publications which will be funded by this grant to assure that environmental and boating safety issues are effectively addressed. 3. The DEPARTMENT agrees to obligate and make available to the GRANTEE the approved project amount of $31,000 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 31,1998. Unless a retroactive waiver for project work has been approved by the DEPARTMENT, the GRANTEE understands and agrees 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 letterhead, clearly marked as invoice, supported by an itemized listing, by category, of all expenditures claimed, copies of checks for each amount for which reimbursement 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. 5. 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. 7. 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 S WPP97-21 Page i 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment A SWPP97-21 Page 2 of 2 05/18/98 14:06 FAX 3052892536 GROM MGMT IM 03 Monroe CountyDepartment of Marine Resources Special Waterway Projects Program Grant FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF LAW ENFORCEMENT SPECIAL WATERWAY PROJECTS PROGRAM APPLICATION FORM Attachment B APPLICANT INFORMATION 1. Name of Applicant: Monroe County Board of Commissioners 2. Federal Employment Identification Number. 59-6000-749 3. Contact Person: Geo= Garrett 4. Title: Monroe County. Director of Marine Resources 6. Mailing Address: 2798 Overseas Highway, Suite 420, Marathon, Florida 33050 6. Telephone: (305) 289 2507, SunCom 494-2507 FAX: (305) 289 2536 FINANCIAL INFORMATION 1. Total Cost of proposed project. $ 62,000 2. Grant Funds Requested. 31,000 3. Sources of match. a. Cash $ 5,000 b. In -Kind $ 26,000 C. Other $ SUPPORTING DOCUMENTATION 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. Resolution authorizing that a designated representative has authority to apply for and administer the grant on behalf of the applicant X 2. 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 3. 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_ 4. 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 05/18/98 14:06 FAX 3052892536 GROWTH MGNT Q11 04 Monroe CountyDepertment of Marine Resources Special Waterway Projects Program Grant (N/CG33), NOAA-National Ocean Service, 6601 Lafayette Avenue, Riverdale, Maryland 20737-1199, (301) 436-6990. X 5. Latitude and longitude coordinates (utilizing NAD 83 Datum) N/A_ 6. Site control documentation (e.g. deed, lease, or management agreement, etc.) for the project site. N/A 7. Photocopies of necessary project permit(s) or permit applicatlons(s). PROJECT INFORMATION 1. Name of Project: Boater's Guide to the Florida KW (Lower Keys and IW .r K" 2. 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 norida 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 proposed project. (an attachment, not to exceed one page may be attached). The purpose of this project is to provide the boating community with practical boating guides for the Upper and Lower Florida Keys. The guides, produced in a simplified color coded map format, will illustrate the natural resource areas, vessel speed zones, boating access locations, aids to navigation, and marine facility amenities. Ultimately, the guides will aid in resource protection and responsible boating. Boaters will easily interpret areas to avoid due to shallow water, corals, manatees and sea grass beds. Additionally, boaters will be notified where they can launch, moor, pump -out, and fuel their vessels. 05/18/98 14:06 FAX 3052892536 GROWTH MGIT libo5 Monroe CountyDepartrnent of Marine Resources Special Waterway Projects Program Grant 2. Please explain the need for this project based upon documentation such as studies and/or planning documents. 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 intentionally 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). The creation of the Boater's Guides will provide visitors and residents of the Florida Keys with a visual description of these delicate areas and a means to safely access these sites. In addition, the guide will illustrate where boater's can pumpout, fuel, and repair their vessels for safe operation throughout the Keys. 3. Please Identify the number of motorized vessels that will benefit from this project In 1999/97, Monroe County listed 18,731 registered pleasure boats. Each of the owners of these boats will benefit from 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 tourists visiting the Keys each year exceeds 2.5 million (Leeworthy, 1996). Many of the individuals or families who visit to Keys use 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 access areas and location of shallow benthic resources, marine facilities, mooring sites, safe speed zones and aids to navigation. 4. Please answer the hollowing: How will this project improve boating access? While it is possible that this project could promote greater access to the waters of the Keys, it should provide 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, navigation and wise use of marine resources in the Keys through easy to understand maps. Clearly marking launching facilities, channel markers, mooring areas on the guide will improve safe boating access to and on the water. b. 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. It will also list mooring sites and amenities such as sewage pump -outs offered by the various marine facilities found throughout the Keys. The mapped areas will be readily understood by boaters as efficient means of providing access to ocean and bay areas of the Keys. At the same time the guide will illustrate appropriate boating routes for the purposes of promoting and 05/18/98 14:06 FAX 3052892536 GROWTH MGNT (a06 Monroe CountyDepsrtment of Marine Resources Special Waterway Projects Program Grant accomplishing marine resource protection. Part of being a good boater in Florida today is practicing techniques which protect our shallow resource areas. C. Are other funding sources available for this project? Not at this time. Monroe County Department of Marine Resources will provide a match through salaries and cash. d. What is the status of project permitting? Permits Obtained Permits Pending Plan to apply for permits Permits not r�auir�d I hereby certify that the Information provided in this application is true and accurate. I further certify that 1 possess the authority to apply for this grant on behalf of the applicant Sig re c@Altharized Representative Date 05/18/98 14:06 FAX 3052892536 GROWTH XGXT 1a07 Monroe CountyDepartment of Marine Resources Special Waterway Projects Program Grant Scope of Work The high volume of residents and tourists boating in the Florida Keys tied with water quality and resource degradation has inspired. the Monroe County Department of Marine Resources to produce a simple representation of boating access, natural resources and marine facilities. Through the combined efforts of the Florida Marine Research Institute (FMRI) and Monroe County the compilation of the Upper and Lower Keys Boater's Guides will aid in safe navigation and access to the unique areas of the Keys. Through the efforts of Monroe County, the Florida Marine Research Institute, and the National Oceanic and Atmospheric Administration (NOAA) we now have clear cut spatial, temporal, and descriptive data on: • Boat Activity Patterns (Yearly, Seasonally, and during key weekends and vacation periods; • Natural Resource Inventory; • 479 Marine Facilities; • Boating Speed Zones; • 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. The Boater's Guides to the Florida Keys would complement the existing series of guides created by FMRI for other areas. The guides, or maps target the county's 18,731 registered pleasure boat owners and millions of tourists educating them about some of the major issues involving the marine environment. The double sided fold out guides, created at the largest scale possible, will display environmental information in a context that would not only appeal to boaters by explaining the natural world surrounding them, but also inform them about boating and marine facilities in the area. The map and written information on the reverse side, make up the context of the guides. The maps will display the distribution and extent of the marine natural resources, managed areas, marine facilities, and selected place names. While the written information will explain the importance of marine habitat to the health of the marine ecosystem as well as how boating behavior can impact the environment. In addition, there will be tables and charts outlining such information as the nautical "rules of the road" and fishing regulations. These guides will be made available for free at most marinas, tackle shops, boating supply stores and other marine businesses throughout the Keys. Project Objectives: The objective of this project is to produce two double sided fold out Boater's Guides to the Florida Keys (Upper Keys and Lower Keys). 05/18/98 14:08 FAX 3052892536 GROWTH MGMT QOS Monroe CountyDepartment of Marine Resources SPWJal Waterway Projects Program Grant Scope of Work Utilizing funds acquired for this project, the County will collect marine facilities data throughout the Keys, provide the current information to the Florida Marine Research Institute for compilation and production, and distribute the guides throughout the region. Acquire Existing Data The first task under this project is to acquire all existing data which can assist in the development of the Boater's Guides to the Florida Keys. Much of this data already resides with the County and in FMRI GIS databases. However, current marine facilities information will be needed for boat access, boat fuel stops, sewage pump -puts and mooring buoy accomodations. Project Schedule Project Task Time Frame Data acquisition ul 1 - September 28 Layout and Design of Boater's Guide October 19 Negatives of Boater's Guide October 30 Print of Boater's Guide November 2 Work Products • Monthly Progress reports • A final report consisting of two printed guides entitled, `Boater's Guide to the Upper Florida Keys," and "Boater's Guide to the Lower Florida Keys." Budget Project Grant Layout and Design Upper Keys $ 6,000 Lower Keys $ 61000 Negatives Upper Keys $ 2,000 Lower Keys $ 2,000 Printing 30,000 copies Upper Keys $ 10,000 30.000 conies Lower Keys 3 10,000 Total Project Request $ 36,000 05/18/98 14:06 FAX 3052892536 GROWTH MGNT Q 09 Monroe Countyl3epartment of Marine Resources Special Waterway Projects Program Grant In Kind Match Director of Marine Resources ($ 33.77/Hour) $ 47323 (1 Day/ Wk for 4 Months - 128 Hours) Marine Resources Planner ($ 21.19/Hour) $ 9,493 (3.5Days/Wk for 4 Months - 448 Hours) Marine Resources Planner ($ 21.19/Hour) $ 2,712 (IDay/Wk for 4 Months - 128 Hours) Marine Resources Staff Assistant ($15.97/Hour) $ 2,044 (I Day/ Wk for 4 Months - 128 Hours) Office Materials, Copying, Auto Fuel, DGPS, GIS $ 7,429 Total In -Kind Match $ 26,000 Pro ect Value Total Project Amount $ 62,000 RESOLUTION NO. 245-1998 'A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE DIRECTOR OF MARINE RESOURCES TO SIGN PERMIT APPLICATIONS FOR PROJECTS APPROVED BY THE BOARD AND THE MARINE FACILITIES SURVEY RELATED TO FLORIDA KEYS BOATER'S GUIDE. WHEREAS, the Monroe County Board of Commissioners recognizes the continuing role of the Department of Marine Resources in completing the marine facilities survey including the Florida Keys Boater's Guide; and WHEREAS, it is in the best interest of the citizens of Monroe County to see the permit process expedited for the aforementioned project types; and The Director of Marine Resources is authorized to sign all applications for the purposes of obtaining grant money to complete the marine facilities survey including the Florida Keys Boater's Guide, and other marine related projects previously approved by the Board. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 10 thday of June A.D., 1998. '«xo 3 (SEAL) ATTEST: I: RES.DOC 05/19/98 11:34 AM Mayor London Mayor Pro Tem Harvey Commissioner Freeman Commissioner Douglass Commissioner Reich yes yes yes yes BOARD OF CO COMMISSIONERS MONROE C FL DA , By Mayor/Chairman DANNY L. KOLHAGE, CLERK I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFICATION OF COMPLETION Division: Law Enforcement, Bureau of Administrative Support Project Code: SWPP GRANTEE: Monroe County Board of County Commissioners GRANT Execution Date: June 26,1998 Project Agreement No. 97-21 GRANT for: Boater's Guide to the Florida Keys (Lower Keys and Upper Keys) Total Grant Award: $31,000 GRANTEE'S AFFIDAVIT I CERTIFY: That the work under the above Project Agreement and all amendments thereto has been satisfactorily completed; that all materials, labor and other charges against the project have been paid in accordance with the terms of the Agreement; that no liens have been attached against the project; that no suits are pending by reason of work on the project under the Agreement; that all workmen's compensation claims have been settled and that no public liability claims are pending. NOTARY PUBLIC: Subscribed and sworn to GRANTEE: before me at This day of (Title) (Seal) (Type Name and Title) Date: FEIN: Social Security No. or CERTIFICATE OF ACCEPTANCE BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION I CERTIFY: That the work under the above named Agreement has been satisfactorily completed under the terms of the Agreement and that the grantee has submitted satisfactory evidence that all labor, materials and other charges against the project have been paid in accordance with the terms of the Agreement to the best of my knowledge. Bureau of Administration Support Project Manager (Print Name and Title) DIVISION: Law Enforcement mm (Print Name and Title) Date Date Florida Department of Environmental Protection Division of Law Enforcement PERMIT CERTIFICATION FORM for Project Grant Agreement No. SW97-21 This certifies that all permits that may be necessary for the project have been approved and obtained for the successful and timely completion of the project as described in the Project Agreement between the DEPARTMENT and the GRANTEE. 1 understand that all required permits and approvals, if any are required, must be obtained prior to commencement of the project. I also understand that before any invoice is processed for payment, all permits that are required for successful completion of the project shall have been obtained prior to beginning any work or purchasing any equipment under the project agreement and that this form shall be completed and sent to and be on file with the Division of Law Enforcement before invoices will be processed for payment. Certified by: GRANTEE Project Manager: (Signature) (Print Name and Title Date: This certifies that the GRANTEE has obtained permits required by the Department of Environmental Protection (if no permits are required, check here and sign below): DEP District Permitting Representative's signature (Print Name & Title) Date: