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Item E3E.3 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor Sylvia Murphy, District 5 Mayor Pro Tem Danny Kolhage, District 1 TheFloridaKeys Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting February 20, 2019 Agenda Item Number: E.3 Agenda Item Summary #5152 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552 N/A AGENDA ITEM WORDING: Approval to advertise a Request for Applications for FY 2020 Capital Project Funding ITEM BACKGROUND: A copy of the application and list of revisions are attached. TDC approved same at their meeting of February 5, 2019 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: TDC Capital RFA FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Packet Pg. 1209 E.3 Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Maxine Pacini Completed 01/15/2019 9:35 AM Christine Limbert Completed 01/28/2019 4:45 PM Kathy Peters Completed 01/28/2019 4:57 PM Board of County Commissioners Pending 02/20/2019 9:00 AM Packet Pg. 1210 E.3.a DATE: February 5, 2019 To: Monroe County Board of County Commissioners FROM: Monroe County TDC RE: Permission to Advertise FY 2020 Capital Project Funding Application Each year the TDC Administrative Office advertises a Request for Applications (RFA) for Capital Project Funding. This application has been revised to include funding for Public Facilities under the conditions set forth in F.S. 125.0104(5)(a)(6.). The following documents are attached: RFA Schedule List of revisions made to application Flow chart explaining the process of funding public facilities Copy of the application for approval Attachment: TDC Capital RFA (Capital Project Funding Application) Packet Pg. 1211 E.3.a CAPITAL PROJECT SCHEDULE FY 2020 TDC APPROVAL TO ADVERTISEFebruary 5, 2019 BOCC APPROVAL TO ADVERTISE:February 20, 2019 ADVERTISE RFP:February 26, 2019 thth DAC WORKSHOPS:February 26and 27, 2019 58DAYS DEADLINE:April 24, 2019 DAC DEADLINE:June 14, 2019 thth DAC APPROVAL:June 25and 26, 2019 TDC APPROVAL:July 30, 2019 BOCC APPROVALAFTEROCTOBER 2019 Attachment: TDC Capital RFA (Capital Project Funding Application) Packet Pg. 1212 E.3.a Revisions to FY 2020 Capital Application Page 6 and 7: Added section on Public Facilities Page 8: Updated State Statue to include updates to beach/beach park facilities and public facilities Page 9: Added section requesting contact information for President of organization Page 10: Added check box for Public Facilities, revised check box for Beach/Beach park facilities to include “channel, estuary or lagoon” Page 13: Added funding request information for Public Facilities Attachment: TDC Capital RFA (Capital Project Funding Application) Packet Pg. 1213 Attachment: TDC Capital RFA (Capital Project Funding Application) E.3.a Packet Pg. 1214 on on to YES NO requested Proposed of 2 cost Project 70% Continue Study to Tourism? Tourism? Segment PositiveImpact up PositiveImpact at to 2 for vote 2/3 funds Agreement of approve than Segments) BOCC (use study/project Approve Ifless TDC Reject Approve Reject DAC Approve up 100% pay the tourist to pays Countycost) of on 12 demonstrate Segments the costs) to 2 inProject impact project Resources Resources requested Study of SegmentSegment requested business Proposed positive ofCapital Capital70% theto Application, related infrastructure 1 Independent Application(District (District E.3.a MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FY 2020CAPITAL PROJECT (BRICKSAND MORTAR)FUNDING APPLICATION REQUEST FOR APPLICATIONS FOR CAPITAL PROJECTS (BRICKSAND MORTAR) All respondents must use the current application downloaded from the website www.demandstar.com. Use of any other application will result in your application being rejected.All directions within the application must be followed or it will not be accepted. APPLICATION DEADLINE:April 24, 2019 All applications should be received no later than 5:00 p.m. (close of business day) All applications submitted in response to this solicitation should be addressed to: Monroe County Purchasing Department nd 1100 Simonton Street, 2Floor, Room 2-213 Key West, Florida 33040 ATTENTION: FY 2020CAPITAL PROJECT FUNDING APPLICATION Any applicationsnotsubmittedin a sealed envelope or boxwill be rejected: A.(1) USB flash drive with complete copy of application as a .pdf (all attachments must be merged into one document:Please DO NOT include the instruction pages) and…….. B.One (1) signed and marked as ORIGINAL paper copy PLUS . C.The correct number of paper copies for the district for which you are applying: District I requires5paper copies of application District II requires 5paper copies of application District III requires 4paper copies of application District IV requires 6paper copies of application District V requires 4paper copies of application Attachment: TDC Capital RFA (Capital Project Funding Application) All inquiries and correspondence should be made to the Monroe County Tourist Development Council. Contact Maxine Pacini or Ammie Machanat (305) 296-1552. All email correspondence should be addressed to Ammie@fla-keys.com. Monroe County Tourist Development Council FY 2020Capital Project Application Packet Pg. 1215 E.3.a CAPITAL PROJECTFUNDING PROCESS This application is intended for applicants whose facility has a primary purpose of promoting tourism. The Monroe County Tourist Development Council (TDC) administers the four (4) cent bed tax collected for the purpose of promoting the Florida Keys as a tourist destination. Each year, the TDC advertises a Request for Applications (RFA) forcapital project funding through the TDC. Projects must be owned and operated by either a governmental entity or non-profit organization. Individuals and for-profit organizationsand companies are not eligible to apply for Capital Projects funds. Applicantsmust be registered to do business in Florida.All applications will be reviewed by the appropriate District Advisory Committees (DAC’s), who shall make recommendations on funding the project to the TDC. Upon approval of recommended funding allocation by the TDC, the administrative office will coordinate with the project coordinator to establish anagreementfor the project, and will present the proposed agreement to the County for final approval. This applicationmaybe funded up toaseventy five (75%)reimbursement of funds expended by any individualnon-profitorganizationand as a reimbursement ofup toone hundred percent (100%) of funds expended by governmental entities.The applicant must show that all funds (100%) are available for the project at the time of application so that there is no delay in the progress of the project, and that TDC funding is not used as matching funds. IMPORTANT INFORMATION All information furnished or disclosed as part of the application process is considered public record by the laws of the State of Florida. The applicant shall not lobby, solicit or act to influence the advisory committee members and/or the TDC board membersin any way that may have an effect on the outcome of the competition, discussion or negotiations leading to the allocation of funding, or an award of an agreementas Attachment: TDC Capital RFA (Capital Project Funding Application) reviewed andapproved by the County Attorney’s office. Such action maylead to withdrawal of the application from consideration. Commencement of Project:No portion of the project for which you are seeking TDC funding may commence prior to the approval of an agreement by the Monroe County Board of County Commissioners.Once your agreement has been approved by the BOCC then the project work described in Exhibit A must commence before the end of the fiscal year in which it is funded. Example:FY 2020funding would be between October 1, 2019 to September 30, 2020, or between the date the BOCC approved youragreement and September 30, 2020. Proof that the project commenced within the fiscal year funded may be requested by the TDC administrative office.For projects requesting $19.999.99and under please see page 6. Monroe County Tourist Development Council FY 2020Capital Project Application 2 Packet Pg. 1216 E.3.a Prior to filling out application, please go to www.sunbiz.orgto ensure that your organization is registered to do business in the state of Florida. Only applicants that are duly registered will be accepted.Print out and attach as Exhibit A. Cost of preparation and submission of the application is the responsibility of the applicant. Applicant shall complete, copy, sign (by an authorized officer) and submit the correct number of copies of the application to the Monroe County Purchasing Department. (Please DO NOT use three (3) ring hardbinders, soft binders or spiral binding; no binders are preferred.) Completed Application: The application shall be considered complete upon receipt and should stand alone with no other information being provided after-the-fact other than any additional information that may be requested by the TDC administrative office, or questions from the DAC at the allocation meeting. All attachments should be noted as such in the top right hand corner of each sheet –please do not use tab inserts. Applicant shall familiarize itself with referenced online materials noted in this application (sample agreement):http://www.monroecounty-fl.gov/DocumentCenter/View/13395/Sample-Capital- Agreement?bidId Any part of the project for whichthe applicant wishes to seek reimbursement from the County, must NOT commence prior to the date of County approval. Be advised that if your organization is awarded funding you will be required to enter into an agreementwhich delegates you to maintain accurate and complete documentation of the project. You will be required to obtain a signed amendment to the agreementbefore making any substantive changes to the project or you may nullify the County’s obligation to pay. You will be required to comply with the following reimbursement procedures outlined in the sample reimbursement packet which can be found at: http://www.monroecounty-fl.gov/DocumentCenter/Home/View/12300 The recipient of TDC capital project funding shall designate a project manager ifno licensed architect, engineer or general contractor is involved in the project.If the project is performed by County or City personnel, the project manager shall be the Engineer, Building Official or Construction Manager of that local government. Attachment: TDC Capital RFA (Capital Project Funding Application) Taxes:The TDC/County is exempt from Federal, Excise and State of Florida Sales Tax. Maintenance:The applicant shall be responsible for all maintenance and operational costs of the premises improved or constructed with the use of funding from the TDC/County. The applicant shall be responsible to the TDC/County for the safekeeping and proper use of the property entrusted to applicant's care, to include any and all insurance for the value of the equipment and any maintenance or service contracts relating tosuch equipment for its service life. Any disposal of assets procured through funding under this agreementshall comply with chapter 274, F.S. or chapter 617, F.S., dependent upon the type of entity funded under this agreement. Monroe County Tourist Development Council FY 2020Capital Project Application 3 Packet Pg. 1217 E.3.a Permits:Applicant shall be responsible for securing all federal, state and local development approval and permits necessary to complete the project.Award of funds under this application donot indicate any development approval by the County and applicant shall be required to comply with all County concurrency requirements under land use laws of the County and State. The TDC/County shallreimbursenot for profitsfor the cost of permits required to complete the physical bricks and mortar portion of the project as outlined in the scope of services(Exhibit A) of the final agreement.Applicant shall submit for reimbursement for permits within the last segment of their proposed project.The TDC/County will not reimburse for permits obtained prior to approval of a funding agreement bythe BOCC. Insurance: Applicant shall provide the TDC/BOCC with current insurance certificates as per the requirements set forth within the funding agreement. The TDC/County shall not reimburse for the cost of insurance relating to the project for whichthe applicant is receiving funding. Performance Guarantee: A successful applicant shall warrant, by signing this application, that applicant has the financial capability of completing the project as planned without the need to request further funding from TDC/County for same.Applicant shall warrant by signing this application and confirm in writing (in the form of bank statements; signed letter from the bank stating that funds are in the bank for the specified project; documentation provided by a financial institution of a line of creditassigned to the specific project within the application) that applicant has the funds in place at the time of the application for grant funds to be able to complete the project prior to seeking reimbursement of TDC funds. Applicant may be asked to provideproof that funds are available to complete all outstanding TDC grants in addition to this application. Applicant may also be asked to provide proof that funds are available if requesting an amendment to the agreement.A governmental applicant shall provide a line item budget for the project in question, and proof that the budget has been adopted by the governing board of that entity.The applicant by signing the application certifies that: applicant, its principals, and any previously owned business is/arenot and have never been in default to Monroe County under the terms of any contract.(Default means failure to fulfill contractual obligations where County had to take legal action to obtain remedy or where a bonding company had to make good for applicant.) In-kind services:Non-Profit Organization’sfunding obligationshall be 25% or more of the total project cost with an option of up to 50% of this funding obligationin the form of In-kind services. In-kind servicesmeansdonated/free/volunteered labor; materials; goods;services.Applicant shall provide a schedule of values for each unit of in-kind service and/or goods at the time of the application. Volunteered labor, as a component of in-kind services, will be calculatedat a Attachment: TDC Capital RFA (Capital Project Funding Application) reasonable hourly ratefor the type of work/service being performed (e.g. an architect who volunteers to paint will be able to seek reimbursement for the reasonable rate for the painting work performed not the professional rate of an architect). Should funding be allocated, County/TDC reserves the right to deny the application of certain in-kind services and goods and to negotiate a revised schedule of values for permissible items. For example, county will not accept as in-kind, the waiver of governmental fees, or in-kind towards the acquisition of property. The amount of in-kind services you note within your application shall be entered into your final agreement. Applicants will beable to request additional allowable in-kind services after submission of the application, butonly if the Applicant does not receive the full TDC funding requested in the application.In-kind services will not be reimbursed to the applicant. Monroe County Tourist Development Council FY 2020Capital Project Application 4 Packet Pg. 1218 E.3.a Project Quotes and Bidding Process: Governmental Entities:An applicant which is a governmental entity shall comply with the procurement regulations and policies to which it is subject.A copy or link to these policies will need to be submitted as part of your reimbursement request. Not-for-Profits:Work under $50,000 requires threewritten quotes or a notarized statement as to why such written quotes were not obtainable for the work to complete the project.Work $50,000 or more requires a competitive bid process. These will need to be submitted as part of your reimbursement request. Construction and Other Contracts:Applicant, by signing the application, warrants that, if awarded funds for the project, all contracts, for construction or otherwise, to complete the project shall be met in compliance with all applicable laws and County purchasing policy and to comply particularly with F.S. Chapter 255, Chapter 274 and Chapter 287.Applicant further agrees to provide TDC/County and their designated representatives with: a)Accessto the project premises for inspection of the progress of the project; b)Documentationincluding copies of all sub-contracts/Request For Bids verifying compliance with purchase/construction/architectural contract requirements of the County \[Notice to owner: list of sub-contractors must be provided to County\];and c)Accessto all records concerning the project.These records must be retained by applicant for a minimum of four (4) years after the termination date of agreement. This requirement may be for a different time period than that required by other government agencies. All records must be kept in accordance with Generally Accepted Accounting Principles. Termination for Default/Convenience:The TDC/County reserves the right to terminate any agreementif, in its opinion, there shall be a failure at any time to properly perform faithfully any portion of the project as funded by TDC/County according to the plan presented with the application, or as modified and accepted in writing by TDC/County. Further, TDC/County reserves the right to terminate payments under this agreementshould the anticipated funding become unavailable for any reason.Should termination occur under this provision, TDC/County shall give applicant thirty (30) days notice prior to termination. Payments:Applicant shall submit all documentation required by the County Finance Department in accordance with instructions from said department, prior to payment of any funds awarded.The TDC Application for Payment forms provided in the TDC reimbursement Attachment: TDC Capital RFA (Capital Project Funding Application) package shall be used.Ten percent (10%) of everyprogress payment shall be withheld by County until certification of completion of project. Design/ArchitecturalCosts:Finaldesign plans and architectural costswill be paid upon completion of the physical bricksand mortar portion of the project outlined within the agreement.Applicant shall submit for reimbursement of final design plans and architectural services within the last segment of their proposed project (Exhibit A).This is to ensure that TDC dollars are used for completed projects that areopen to the public.No portion of the final design plans or architectural drawings for which you are seeking TDC funding may commence prior to the approval of an agreement by the Monroe County Board of County Commissioners. Applicant may submit a preliminary plan within their application to provide the District Advisory Committee and TDC with an idea of the proposed plan. Monroe County Tourist Development Council FY 2020Capital Project Application 5 Packet Pg. 1219 E.3.a Acquisition of Property:Applications for acquisition of property will only be considered if the applicant can confirm availabilityof funding for one hundred percent (100%) of the purchase price through a bank statement showing that the entity has funding set aside in a line item for the purchase of the property, or that a loan from a financial institution has been fully approved; there are no liens on the property; and a clear title of ownership will be held by the entity requesting funding upon the closing of the purchase of the property. A clear title in the name of the contracting entity will be required to submit for reimbursement of the TDC funds allocated. The property shall be used for a minimum of ten (10) years as a tourist facility. The County will evaluate non-compliance of use as a tourist facility and upon request by the County the applicant shall pay a prorated reimbursement of funding allocated. The purchase or down payment of the property may not commence prior to approval of a funding agreement between the County and contracted entity. No in-kind services apply to the purchase of property, and payment will be madein one reimbursement check upon completion of the requirements set forth within the funding agreement. A Restrictive Covenant on the property will be required to secure TDC/County funds. Acknowledgements:Applicant shall be required to display an appropriate public acknowledgment of the support of the Monroe County Tourist Development Council in a publicly prominent area of the project. Funding Allocations: DAC recommendation on funding allocations shall be limited to recommending allocations which do not exceed the amount requested by the applicant. Funding requests may be denied, or reduced to a lesser amount than requested by the applicant. Projects Requesting $19,999.99and Under: Projects requesting $19,999.99and under may enter into a “Streamlined Process” (this eliminates the requirement fora formal contract to be entered into with theBoard of County Commission which allows a faster start time for your project; insurance documentation; and County Engineer Department approval of work completed)whereby the applicant will swear or affirm that the work will be completed in accordance withthe Streamline Process.Upon approval by the TDC, the administrative office will provide the applicant with a commencement date; project summary sheet; and reimbursement package.Applicant will be required to comply with reimbursement procedures outlined in the sample Project Summary Sheet, which can be found at http://www.monroecounty-fl.gov/DocumentCenter/Home/View/12302 Attachment: TDC Capital RFA (Capital Project Funding Application) Public Facilities:TDC Capital funding may be utilized to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or finance public facilities, if neededto increase tourist related business activities and in accordance with the conditions as set forth in F.S. 125.0104(5)(a)(6.). These conditions include: 1)The use must be approved by a vote of at least two –thirds of the BOCC 2)An independent analysis, performed at the expense of the TDC, must demonstrate the positive impact of the infrastructure project on tourist related business in the county 3)No more than 70% of the cost of the project may be paid by the TDC Monroe County Tourist Development Council FY 2020Capital Project Application 6 Packet Pg. 1220 E.3.a Applicants submitting an application for a Public Facility should complete the section on Pg. 13 pertaining to Public Facilities, the application for the project will be submitted as one application with twosegments. The first segment of the project should include the request for the independent analysis “study”, including an estimated completion date and funding request (100%) for the study. The second segment of the project should include the physical portionof the project. The applicant may request and may be allocated up to 70% of the total project cost for this segment. Upon approval by the DAC and TDC, an agreement including both segments will be placed on a BOCC agenda and must receive a two –thirds vote to utilize the funds. Upon approval by the BOCC,the applicant will be responsible for coordination of the study and will receive 100%reimbursement of the total cost of the study segment of the project, subject to the cap on expenditures for that segment as set forth in the agreement. If the study shows a positive impact of the project on tourist-related businesses, the remaining segments of the project will move forward as set forth in the agreement. If the study does not show a positive impact of the project on tourist-related businesses, then the remainder of the agreement will terminate. Regardless of the outcome of the study, the applicant will be reimbursed for the cost of the study, subject to the caps on expenditures set forth in the agreement. For more information on the process, please refer to flow chart:http://www.monroecounty- fl.gov/DocumentCenter/View/16271/Public-Facilities-Category_flowchart?bidId “Public facilities” means major capital improvements that have a life expectancy of 5 or more years, including but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, and pedestrian facilities. Public Record:All information furnished or disclosed as part of the application process is considered public record by the laws of the State of Florida. Attachment: TDC Capital RFA (Capital Project Funding Application) Monroe County Tourist Development Council FY 2020Capital Project Application 7 Packet Pg. 1221 E.3.a PERMISSIBLE USES FOR CAPITAL PROJECT FUNDS This application is intended for applicants whose facility has a primary purpose of promoting tourism. All capital projects funded by TDC shall be owned and operated by either a governmental entity or non-profit organization and open to the public.Individuals and for-profit organizationsand companies are not eligible to apply for Capital Projects funds. Applicant shall provide proof of property ownership, long-term lease or service contracts for consideration of funding, and should show sufficient expertise or financial capability to operate such facilities. Tourist DevelopmentCouncilcapital project funds may be used in Monroe County as follows: 1. To acquire, construct, extend, enlarge, remodel, repair, improve maintain, operate or promote one or more: Publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums or auditoriums within the boundaries of the county or subcounty special taxing district in which the tax is levied; Auditoriums that are publicly owned but are operated by organizations that are exempt from federal taxation pursuant to 26 U.S.C. s. 501(c)(3) and open to the public within the boundaries of the county or subcounty special taxing district in which the tax is levied; or Aquariums or museums that are publicly owned and operated or owned and operated by not-for- profit organizations and open to the public, within the boundaries of the county or subcounty special taxing district in which the tax is levied;or Zoological parks, fishing piers or nature centers which are publicly owned and operated or owned and operated by non-profit organizations and open to the public; and 2. To finance beach park facilities, or beach, channel, estuary, or lagoonimprovement, maintenance, re-nourishment, restoration and erosion control, including construction of beach Attachment: TDC Capital RFA (Capital Project Funding Application) groinsand shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public assess as those used relate to the physical preservation of the beach, shoreline, channel, estuary, lagoon, or inland lake or river. 3.To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or finance public facilities, if public facilities areneeded to increase tourist related business activities and in accordance with the conditions as set forth in F.S. 125.0104(5)(a)(6.) Authorized uses of revenue must be in compliance with Florida Statute 125.0104, as may be amended from time to time. Monroe County Tourist Development Council FY 2020Capital Project Application 8 Packet Pg. 1222 E.3.a APPLICATION FOR CAPITAL PROJECT FUNDING This application is to request funding from the following District(s): District I:Key West -(shall encompass the city limits of Key West) District II:Lower Keys -(city limits of Key West to west end of Seven Mile Bridge) District III:Marathon -(west end of Seven Mile Bridge to Long Key Bridge) District IV:Islamorada -(between Long Key Bridge and Mile Marker 90.939) District V:Key Largo -(from Mile Marker 90.940to the Dade/Monroe County line and any portions of mainland Monroe County) APPLICANT ORGANIZATION: Organization Name Here (Registered business nameexactlyas it appears on www.sunbiz.org). Attach as Exhibit A FEDERAL EMPLOYERS IDENTIFICATION NUMBER OF APPLICANTS ORGANIZATION: NEW FOR THIS YEAR The Monroe County Clerk of the Court now accepts electronic signatures on agreements. If funding is awarded, the final agreement will need to be sent directly to the President of the applicantorganization (as listed above) for electronic signature. The email cannot be forwarded to another email address.If a person other than the President will be signing the agreement, documentation in the form of approved minutes, resolution or by-laws of the organization identifying said individual as an authorized person to sign on behalf of the organization must be provided. It is the responsibility of the applicant to notify the TDC Administrative office of any changes to the contact information provided below.(If the applicant is a governmental entity that is unable to provide an electronic signature, alternate arrangements will be made for obtaining signature by the TDC Administrative office) PRESIDENT NAME: Attachment: TDC Capital RFA (Capital Project Funding Application) PRESIDENT EMAIL ADDRESS: DESIGNATED PROJECT CONTACT PERSON: Please provide a contact for general correspondence for this project. The person listed below should be able to accept responsibility for receipt of information, other than the final agreement Name & Title: Telephone/mobile no.: E-mail: Address: Monroe County Tourist Development Council FY 2020Capital Project Application 9 Packet Pg. 1223 E.3.a PROJECT TITLE: Project Title Here WEBSITE FOR FACILITY: LOCATION OR ADDRESS OF PROJECT:Provide physical (postal service) address, RE# and legal description (lot, block, subdivision) and attach map. TYPE OF APPLICANT:Non-ProfitGovernmental Entity WHICH OF THE FOLLOWING APPLIES TO YOUR FACILITY? Publicly owned and operated Owned and operated by a non-profit organization Publicly owned and operated by a non-profit organization WHICH OF THE FOLLOWING BEST DESCRIBES YOUR FACILITY? Convention CenterSports StadiumSports ArenaColiseum Auditorium AquariumMuseumZoological Park Nature CenterFishing Pier*Beach or Beach Park Facility, channel, estuary or lagoon Public facilities in accordance with conditions set forth in F.S. 125.0104(5)(a)(6) WHICH OF THE FOLLOWING APPLIES TO YOUR PROJECT? AcquireConstructExtendEnlargeRemodel RepairImprove *IF YOU CHECKED THE BOX FOR BEACH OR BEACH PARK FACILITY, WHICH OF THE Attachment: TDC Capital RFA (Capital Project Funding Application) FOLLOWING APPLIES? ImprovementRenourishmentRestorationErosion control MaintenanceConstructRepair Monroe County Tourist Development Council FY 2020Capital Project Application 10 Packet Pg. 1224 E.3.a If the TDC/County requires a Conservation Easement Deed or mortgage note requiring repayment of TDC monies in the event of transfer of ownership or change in use of the premises, would you be agreeable to executing same? YesNo Code Enforcement:Does your organization/property have any outstanding code violations and/or fines/costs or liens?(Please note that pursuant to Section 2-25(e), Monroe County Code, organizations with outstanding code compliance fines are not eligible to receive grants or contracts from the county until such time as the fines are resolved through payment or settlement.) Yes No If you have answered yes, please explain below: Attachment: TDC Capital RFA (Capital Project Funding Application) Monroe County Tourist Development Council FY 2020Capital Project Application 11 Packet Pg. 1225 E.3.a Please only complete the sectionof page 12 or 13which corresponds to your type of application Non-Profit Organizations Payment maybeup to75%reimbursement of thetotal cost of each segment of the project, subject to the maximum reimbursement amount ofexpenditures for eachsegment(if the project work is segmented)as set forth in the agreement. Applicant must be prepared to pay the entire cost ofeach segmentofworkin advance of seeking the up to 75%reimbursement. For purposes of this applicationno more than fifty percent (50%) of out of pocket cost for non-profits shall be of in-kind services and materials,andno in- kind services shall be reimbursed.If theTDC Funds Requested are allocated at less than 75% of the total project cost, only then may the organization request to allow additional in-kind services after submission of the application, which must be enteredinto yourfinal agreement. The project maybe broken down into 2 or 3 segments. When one segment is completed, reimbursement ofthe TDC portion of that completed segmentcost can be applied for through the TDC. For acquisition of property see important information on page 6. Total TDC Funds Organization ConfirmedConfirmed/Available Organizations Project Requested:Out of Pocket In-Kind Hard Dollar Funds:Financial Cost:(Up to 75% Cost:Services(Total Project Cost Investment: of Total (Total Project (Up to Less In-Kind (Out of Project Cost less 50% of Services)Pocket Cost Cost)TDC Funds Out of Less In-Kind Requested)Pocket Services) Costs) $$$$$$ In the space below list all in-kind services and goods and their values. These values are subject to negotiation withTDC/County. Please refer to page 4 of this application. Governmental Entities Attachment: TDC Capital RFA (Capital Project Funding Application) Paymentmay beup to100% reimbursement of the total cost of each segment of the project, subject to the cap on expenditures for that segment as set forth in the agreement. Applicant must be prepared to pay the entire cost ofeach segment in advance of seeking up to100% reimbursement. The projectmay be broken down into 2 or 3 segments. For acquisition of property see important information on page 6. Total Project TDC Funds Governmental Agency Out I have highlighted the line Cost:Requested:of Pocket Costitem in budget for this (Up to 100% of (Total Project Cost specific project. Enclose Total Project Cost)less TDC Funds portion of line item budget as Requested)proof of funding for Exhibit B $$$ Monroe County Tourist Development Council FY 2020Capital Project Application 12 Packet Pg. 1226 E.3.a Public Facilities Segment #1 Study Payment will be100% reimbursement of the total costof the study segment of the project, subject to the cap on expenditures for that segment as set forth in the agreement.Applicant must be prepared to pay the entire cost ofthissegment in advance of seekingreimbursement. The project may be broken down into additional segments. For acquisition of property see important information on page 6. Total StudyTDC Funds Governmental AgencyOut I have highlighted the line Cost:Requested:of Pocket Costitem in budget for this (Up to 100% of (Total Project Cost specific project. Enclose Total StudyCost)less TDC Funds portion of line item budget as Requested)proof of funding for Exhibit B $$$ Estimated completion date for study: Segment #2 -Project Payment will be up to 70% reimbursement of the physical project segment, subject to the cap on expenditures for that segment as set forth in the agreement. Applicant must be prepared to pay the entire cost of each segment in advance of seekingreimbursement. The project may be broken down into additional segments. For acquisition of property see important information on page 6. Total Project TDC Funds Governmental AgencyOut I have highlighted the line Cost(not Requested:of Pocket Costitem in budget for this including (Up to 70% of Total (Total Project Cost specific project. Enclose study):Project Cost)less TDC Funds portion of line item budget as Requested)proof of funding for Exhibit B $$$ Attachment: TDC Capital RFA (Capital Project Funding Application) Monroe County Tourist Development Council FY 2020Capital Project Application 13 Packet Pg. 1227 E.3.a TDC requires confirmation in writing that project funds are in place at the time of this application for grant funds (see Performance Guarantee on page 4)Encloseproof of funding as Exhibit B. In the space below list thespecific items/services, andthe estimateddollar amount for each of those items/services that your requested TDC funds will be spent on(please do not include contingency feesor warranty fees as part of your budget): 1.Use: a)Original use of structure and date of construction: b)Present use: c)Proposed use: d)Insert or attach photograph of existing site(Enclose as Exhibit C): e)Historic designation:Indicate whether the property has been listed in the National Attachment: TDC Capital RFA (Capital Project Funding Application) Register, is located in a National Register district, is a locally designated historic landmark or is located in a locally designated historic district. If located within a historicdistrict, provide the official name ofthe district.This information is available from the planning agency having jurisdiction over the property. All Capital projects funded by the TDC shall be owned and operated by a governmental entity or non-profit organization. Applicant shall provide proof of property ownership,long-term leaseor service contractsfor consideration of funding, and should show sufficient expertise or financial capability to operate such facilities(Enclose as ExhibitD). Monroe County Tourist Development Council FY 2020Capital Project Application 14 Packet Pg. 1228 E.3.a 2.Ownership or other interest in property by applicant: a)Official records reference for ownership documentation b)If not owned by applicant, provide long-term lease of property, or service contractand provide notarized consent letter from owner for use of property as outlined in this application 3.If proposed project calls for transfer of title of real property to County, at leasttwo (2) current real estate appraisals and one (1) environmental assessment shall be provided (Enclose as Exhibit E).The TDC/County shall ascertain, prior to acceptance of any donation or prior to purchase, that the property will pose no environmental hazardor liability for same, to County.The TDC/County must also ascertain permissible governmentalinterest in the transfer of title.Indicate any such proposed title transfers here. 4.This paragraph applies only to an acquisition funding request, but you will still need to complete items 5 through 13, whether this is new construction or renovations, additions or exhibits.Indicate the area of the property to be acquired in acres: In evaluating applications for acquisition funding, an important consideration is the appropriateness of the size of the site to be acquired.Determinations of the appropriateness of site size will be made on a case-by-case basis and will depend on the characteristics for which the property is considered to be significant.Sufficient property should be acquired to assure that the historic relationship of a structure or archaeological site to its surrounding environment is preserved.However, it is important that no more property than is necessary to achieve established preservation objectives be included in the acquisition project application.As this factor is crucial to favorable consideration of your grant application and will have substantial impact on the cost of the required application documentation, we encourage prospective applicants to consult with the staff of the TDC Administrative Office prior to initiating the required documentation. 5.Protection of property:Indicate any type of state or federal protection currently afforded Attachment: TDC Capital RFA (Capital Project Funding Application) the property.It may be that more than one type may be applicable.Provide citations for applicable local protective ordinances.Include copies of property-specific restrictivelegal instruments in an attachment. By signing and submitting this application, the proposer warrants that all restrictions are disclosed.Failure to include every restriction on the property may result in immediate termination of any agreementand demand for return of any monies paid thereunder(Enclose as Exhibit F). Monroe County Tourist Development Council FY 2020Capital Project Application 15 Packet Pg. 1229 E.3.a 6. Is the property threatened by imminent destruction, deterioration or other loss which may includedemolition, vacancy, severe deterioration, loss of structural integrity, encroaching development, adverse environmental conditions, vandalism,etc.?Be specific regarding the nature of immediacy of the threat.If so, describe in detail: 7.a)Are there any building restrictions on the site?If so, describe. Attach copies of all recorded easement and restrictive covenants. By signing and submitting this application, the proposer warrants that all restrictions are disclosed. Failure to include every restriction on the property may result in immediate termination of any agreementand demand for return of any monies paid thereunder(Enclose as Exhibit G). b)Is the proposed project compatible with the County'sand/or the Municipality’s Concurrency Requirementsunder the existing and proposed Land Use Comprehensive Plan? Yes No Describe below how you haveascertained such compatibility.(Note:If your description does not provide information about existing permits and/or review by the County Planning Department, your application shall be rejected.Please list all permits required to complete this project) Attachment: TDC Capital RFA (Capital Project Funding Application) c)Does the site contain endangered or threatened species of flora or fauna? Yes No If yes, attachexplanationas ExhibitH d)Indicate whether or not the projectwillbe accessible to the handicapped per Chapter 553, Part V, Florida Statutes and the Americans with Disabilities Actof 1990, Public Law 101-336, as amended. Yes NoIf no, attachexplanationas ExhibitI Monroe County Tourist Development Council FY 2020Capital Project Application 16 Packet Pg. 1230 E.3.a e)Explain how your facility will utilize recycling within the work of your proposed project: f)Public accessibility and use:Indicate the extent to which the property is currently or will bescheduled to be open to the public each year (hours per day, days per week and weeks per year) upon project completion.Estimate the number of persons who will use or visit the completed facility annually. For archaeological projects, if the site will not be accessible to the public, estimate the number of persons annually who will be exposed to the interpretive materials and reports resulting fromthe project.How was this estimate derived? 8.Describe present physical condition of site:(attach legal description per property tax records).Indicatethe present condition of the propertyby checking the appropriate term below: Excellent:The property is habitableand occupied; no repairs are needed.All physical evidence indicates that the property is under continuous maintenance.Application is for expansion and enhancement. Good:The property is habitable and occupied; onlyreplacement orcosmetic repairs are needed (e.g., peeling paint, missing ornamental features,windows, doors,some deteriorated mortar, etc.)Property is maintained but in need of minor repair. Fair:The property is habitable but may be vacant.Boththe structural integrity (foundation, framing, etc.) and weather tightintegrity of the property (siding, walls, roofing, etc.) Attachment: TDC Capital RFA (Capital Project Funding Application) are in jeopardy because of prolonged neglect. Poor:The property is uninhabitable and vacant.Major structural repairs are needed. Weathertight integrity has been lost.The property is derelict, abandoned and not habitable without major rehabilitation work. List any specific factors or problems which contribute to the present condition of the property. Monroe County Tourist Development Council FY 2020Capital Project Application 17 Packet Pg. 1231 E.3.a 9.Status of Project Planning:(Any work initiated prior to the approval of an agreementby the Monroe County Board of County Commissionerswill be at applicants own cost): Not yet initiatedInitiated Schematics completeDesign developmentcompleted Construction documents completed Permits have been obtained (if required) 10.Name and Address of Project Consultant (architect, engineer, contractor, etc.). Enclose preliminary plans or architectural documents completed to date -1 set(Enclose as Exhibit J). 11.Has an agreementfor architectural services or construction services been executed? Yes(costs will not be reimbursed by TDC)No Project does not require architectural services 12.It is the County's policy not to fund operations and maintenance costs of facilities. Describethe means by which the structure(s) affected by this project will be maintained subsequent to restoration/rehabilitation. Include sources and estimated amounts of funding for such maintenance. Attachment: TDC Capital RFA (Capital Project Funding Application) 13.Estimated Project completion date Monroe County Tourist Development Council FY 2020Capital Project Application 18 Packet Pg. 1232 E.3.a 14.How will the project enhancetourism in Monroe County? 15.Applicant must demonstrate the ability to complete the project as proposed and to Attachment: TDC Capital RFA (Capital Project Funding Application) maintain and operate the project as a viable and long-term tourist attraction that is open to the public. Included in this demonstration should be a proposed operational budgetand marketing program to promote this facility as a tourist attraction.(Attach as Exhibit K) Monroe County Tourist Development Council FY 2020Capital Project Application 19 Packet Pg. 1233 E.3.a NON-COLLUSION AFFIDAVIT and VERIFICATION (Enclose as Exhibit L) I,, of the city of ,according to law on my oath, and under penalty ofperjury, depose and say that: 1)I am , the applicant making the application for the project described as follows: 2)The prices in this application have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other applicant or with any competitor; 3)Unless otherwise required by law, the prices which have been quoted in this application have not been knowingly disclosed by the applicant and will not knowingly be disclosed by the applicant prior to application opening, directly or indirectly, to any other applicant or to any competitor; and 4)No attempt has been made or will be made by the applicant to induce any other person, partnership or corporation to submit, or not to submit, an application for the purpose of restricting competition; 5)The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding agreementsfor said project. VERIFICATION I HEREBY CERTIFY that I have read the forgoing application and that the facts stated herein are true and correct to the best of my knowledge and belief. President's/Mayor’s Name Typed President's/Mayor’s Signature Attachment: TDC Capital RFA (Capital Project Funding Application) Sworn to and subscribed before me thisday of20 personally appeared , ,and known to be the person named in and who executed the foregoing document. ________________________________ My commission expires: Notary PublicState of Monroe County Tourist Development Council FY 2020Capital Project Application 20 Packet Pg. 1234 E.3.a DRUG FREE WORKPLACE FORM (Enclose as Exhibit M) The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1.Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2.Informs employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3.Gives each employee engaged in providing the commodities or contractual services that are under application a copy of the statement specified in subsection (1). 4.In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under application, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5.Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, or any employee who is so convicted. 6.Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Attachment: TDC Capital RFA (Capital Project Funding Application) As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Applicant’s Signature: Date: Monroe County Tourist Development Council FY 2020Capital Project Application 21 Packet Pg. 1235 E.3.a HOLD HARMLESS/INDEMNIFICATION (Enclose as Exhibit N) Organization Name Here(herein after “Organization”) hereby covenants and agrees to indemnify and hold harmless the Monroe County Board of County Commissioners and Monroe County Tourist Development Council (herein after “BOCC/TDC”) and the 3406 North Roosevelt Blvd. Corporation or any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, bodily injury (including death), personal injury, and property damage, and another other losses, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments arising out of, or in connection with,Project Title Here(herein after “Project”) being funded by the BOCC/TDC.The Organization shall immediately give notice to the BOCC/TDC of any suit, claim or action made against the Organization that is related to this Project, and will cooperate with the BOCC/TDC in the investigation arising as a result of any suit, action or claim related to this Project. a.)Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the BOCC/TDC in reimbursing/funding any portion of the Project and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the BOCC/TDC be required to contain any provision for waiver. b.)Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers’ compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the BOCC/TDC, when performing their respective functions related to this Project within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. c.)RESTRICTIONS ON AGREEMENTS FUNDED BY BOCC/TDC. The Organization shall include the following term in all agreements funded by the BOCC/TDC for this Project: Hold harmless/indemnification.Contractor acknowledges that this agreement is funded at least in part by the BOCC/TDC and agrees to indemnify and hold harmless the BOCC/TDC and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments (collectively claims) arising directly or indirectly from any negligence or criminal conduct on the part of contractor in the performance of the terms of this agreement.The contractor shall immediately give notice to the BOCC/TDC of any suit, claim or action made against the contractor that is related to the activity under this agreement, and will cooperate with the BOCC/TDC in the investigation arising as a result of any suit, action or claim related to this agreement. Attachment: TDC Capital RFA (Capital Project Funding Application) President of Organization/Mayor’s Name Typed President's/Mayor’s Signature Sworn to and subscribed before me thisday of20 personally appeared , ,and known to be the person named in and who executed the foregoing document. ________________________________ My commission expires: Notary PublicState of Monroe County Tourist Development Council FY 2020Capital Project Application 22 Packet Pg. 1236 E.3.a Print off this page, complte and include as part of applcation Attachment: TDC Capital RFA (Capital Project Funding Application) Monroe County Tourist Development Council FY 2020Capital Project Application 23 Packet Pg. 1237 E.3.a ATTACHMENTS AND CERTIFICATIONS (Enclose as Exhibit P) 1.The following supporting documents are attached. a)Print out of Sunbiz.org “Detail by Entity” (Exhibit A) b)Documentation from bank of confirmed project funds (Exhibit B) c)If applicable: Insert or attach photograph of existing site (Exhibit C) d)Proof of ownership; long term lease or service contract (Exhibit D) (Include consent of owner for use of property as described within this application) e)If applicable: Enclose at least two (2) current real estate appraisals and one (1) environmental assessment (Exhibit E) f)If applicable: Enclose citations for local protective ordinances (Exhibit F) g)If applicable: Enclose copies of all recorded easement and restrictive covenants (Exhibit G) h)If applicable: Enclose description of endangered/threatened special of flora or fauna (Exhibit H) i)If applicable: Enclose ADA accessibility explanation (Exhibit I) j)If applicable: Enclosepreliminary plans or architectural documents -1set (Exhibit J) k)Proposed operation budget and marketing plan(Exhibit K) l)Notarized Non-Collusion affidavit and verification (Exhibit L) m)Signed Drug Free Workplace Form (Exhibit M) n)Notarized Hold Harmless/Indemnification form (Exhibit N) o)Applicant has printed and completed the W-9 form included within the application (page 23)(Exhibit O) p)Notarized Attachments and Certification form (Exhibit P) q)I have read the Capital Project Funding Process and Importation Information provided on Pages 2-8of this application VERIFICATION I swear and certify that the information contained in this application is true and correct, and that I am the Attachment: TDC Capital RFA (Capital Project Funding Application) duly authorized representative of the applicant. President's/Mayor’s Name Typed President's/Mayor’s Signature Sworn to and subscribed before me thisday of20 personally appeared , ,and known to be the person named in and who executed the foregoing document. ________________________________ My commission expires: Notary PublicState of Monroe County Tourist Development Council FY 2020Capital Project Application 24 Packet Pg. 1238