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Item K11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 21 August 2002 Division: Growth Management Bulk Item: Yes X No Department" Marine Resources AGENDA ITEM WORDING: Approval of Grant Agreement between Momoe County and the Florida Fish and Wildlife Conservation Commission providing funds to complete permits for boat ramp improvements throughout Momoe County ITEM BACKGROUND: At its April meeting the Board approved the submittal of a grant request to initiate improvements to a number of boat ramps in the Florida Keys. This grant will fund the permitting process for six boat ramps in the Florida Keys from Stock Island to Card Sound Road. The total project cost is $45,000, the County's match is $11,250 or 25%. The match will be provided utilizing Boating Improvement Funds (BIF). PREVIOUS RELEVANT BOCC ACTION: April - Approval to submit grant proposal CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS; Approval TOTAL COST: $45,000 BUDGETED: Yes X No COST TO COUNTY: $ll,250 BIF Funds REVENUE PRODUCING: Yes No X AMOUNT Per Month Year APPROVED BY: County Atty X OMBY'lTchasing x:(J Risk Management l DIVISION DIRECTOR APPROVAL: To Follow DOCUMENTATION: Included X AGENDA ITEM NO.: ~// DISPOSITION: BC020830 07/24/029:06 AM FWCC Agreement No. 01244 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM COOPERATIVE AGREEMENT THIS AGREEMENT is entered into between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, hereinafter referred to as the "COMMISSION," whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600 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, hereinafter referred to as the "Project," under the Florida Boating Improvement Program, hereinafter referred to as the "Program." In consideration of the mutual benefits to be derived herefrom, the COMMISSION and GRANTEE do hereby agree as follows: 1. PROJECT DESCRIPTION: The GRANTEE shall implement its project proposal, as described in Attachment A, Florida Boating Improvement Program Grant Application #FBIP 02-44-01, attached hereto and made a part hereof. The COMMISSION shall reimburse the GRANTEE for the costs of the Project upon satisfactory completion and approval of the Project by the COMMISSION as provided herein. All Project activities must be completed during the time span provided herein under the terms and conditions provided herein. 2. PERFORMANCE: The GRANTEE shall perform all Project services in a proper and satisfactory manner as determined by the COMMISSION. 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 COMMISSION. 3. TERM: This Agreement shall begin upon execution by both parties and end September 30, 2003, inclusive. The GRANTEE shall complete all Project services on or before September 30, 2003. Time is of the essence. The GRANTEE's final invoice must be received by the COMMISSION no later than October 31,2003, to assure the availability of funds for payment. Failure by the GRANTEE to execute this Agreement within 90 days of formal COMMISSION approval shall render the award of Program funds null and void, and shall result in termination of this Agreement. 4. PAYMENT: For satisfactory completion of the Project, the COMMISSION agrees to reimburse the GRANTEE an amount not to exceed the approved Project amount of $33,750.00 for the Momoe County Public Launch Facilities Master Plan Project authorized FWC 01244 FBIP 02-03 Page 1 of9 for funding. The COMMISSION shall provide funds to the GRANTEE on a cost reimbursement basis in the form of a single payment made prior to December 31, 2003. Reimbursement shall be made in accordance with Comptroller Contract Payment Requirements as shown in the Department of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and made a part hereof as Attachment B. Unless a retroactive waiver for Project work has been approved by the COMMISSION, the GRANTEE understands and agrees that there shall be no reimbursement of funds for expenses incurred prior to the execution of this Agreement or, unless otherwise provided, for expenses incurred after September 30, 2003. 5. DISTRIBUTION OF FUNDS: Program funds shall be disbursed to the GRANTEE only after pre-approved phase or final completion of the Project occurs and work is verified by COMMISSION staff. Payment will be made only for documented and verified costs. The COMMISSION will not pre-approve or disburse any Program funds in advance. Failure to complete the Project and make final payment request to the COMMISSION within the stipulated period shall result in termination of this Agreement. Any funds not disbursed or expended by the end of the stipulated period are subject to the provisions of Chapter 216.301, Florida Statutes. 6. COST OVERRUNS: The GRANTEE shall make every effort to avoid cost overruns on the Project. If the total cost of the Project exceeds the grant amount and any matching funds, the GRANTEE shall assume liability for all additional costs. 7. COMMENCEMENT OF WORK: The GRANTEE shall commence work on the Project within four (4) months of execution of the Agreement. Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and result in termination of the Agreement by the COMMISSION. 9. ANNUAL APPROPRIATION: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 10. PROCESSING: For satisfactory performance under this Agreement, the GRANTEE shall be paid upon submission of properly certified invoice(s) to the COMMISSION. The request for payment shall consist of an original invoice on the GRANTEE's official letterhead, clearly marked as invoice, supported by an itemized list, by category, as reflected in Attachment A, Grant Application, of all expenditures claimed. Invoices shall contain detail sufficient for a proper preaudit and postaudit thereof and shall contain the FWC Agreement number and the GRANTEE'S Federal Emplover Identification (FEID) number. An oril!inal and three (3) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. Upon a desk audit review of the payment request, acceptance of the Project and receipt of all Project closeout documentation, the COMMISSION shall process the final payment. FWC 01244 FBIP 02-03 Page 2 of9 The compensation herein recited for this Agreement is exclusive, and the parties hereto agree that the COMMISSION is not responsible for any other reimbursement, including costs and travel expenses incurred, to the GRANTEE unless specifically stated. 11. FEDERALIFLORIDA SINGLE AUDIT ACTS REQUIREMENTS: Effective July 1, 2000, the Florida Single Audit Act requires all non-State organizations who are recipients of state financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients of federal financial assistance shall comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, for this Agreement, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 12. PERMITS: The GRANTEE agrees not to proceed with the Project until all necessary permits are obtained and copies thereof provided to the COMMISSION. 13 . APPROVAL: Any study or brochure produced by the GRANTEE shall be provided to the COMMISSION for approval prior to final printing and submission for payment. Further, the COMMISSION shall review and approve at least 21 days prior to printing all proposed publications which will be funded by this Grant to assure that environmental and boating safety issues are effectively addressed. At its discretion, the COMMISSION may elect to have its representative inspect printed materials prior to its release from the printing vendor. The Grantee agrees to inform the COMMISSION at the completion of printing of any materials so that the COMMISSION may exercise this option. 14. LIABILITY: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 15. TERMINATION: This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or any breach of terms and conditions of this Agreement. Upon such termination, the GRANTEE shall refund any program funds received pursuant to this Agreement. Following termination under this provision, the COMMISSION shall declare the GRANTEE ineligible for further participation in the Program. 16. CERTIFICATION OF COMPLETION: Upon Project completion, the engineer, architect or other appropriate professional for the GRANTEE shall sign a Certification of Completion form, provided by the COMMISSION, that certifies the Project was completed in accordance with the prepared plans and specifications. FWC 01244 FBIP 02-03 Page 3 of9 17. PHOTOGRAPHS: The GRANTEE shall provide progress and final photographs of any construction project documenting satisfactory progress and completion prior to requesting payment from the COMMISSION. Final photographs shall be submitted with the Certification of Completion form. 18. DEFICIENCIES: Any Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict any or all payment of Program funds pending correction of such deficiencies. 19. CONTACTS: Any and all notices shall be delivered to the parties at the following addresses: GRANTEE Momoe County Board of County Commissioners Director Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, FL 33050 COMMISSION Florida Boating Improvement Program Administrator Division of Freshwater Fisheries 620 South Meridian Street Tallahassee, FL 32399-1600 The COMMISSION's Program Administrator is Dr. Mahmoud Madkour, P.E., Florida Boating Improvement Program, Division of Freshwater Fisheries, Phone 850-487-3755. The GRANTEE's Project Manager is George Garrett, Director, Marine Resources, 305-289-2507. All matters shall be directed to these individuals for appropriate action or disposition. 20. PUBLIC RECORDS: Pursuant to Section 216.2815, Florida Statutes, all records produced or received 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 COMMISSION 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. 21. AMENDMENTS AND CHANGE ORDERS: The COMMISSION 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 modification 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. It is the intention ofthe COMMISSION and the GRANTEE that no evidence of any waiver or modification or amendment shall be offered or received in evidence in any proceeding or litigation between FWC 01244 FBIP 02-03 Page 4 of9 the parties arising out of or affecting this Agreement unless such waiver, or modification or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements. 22. PROFESSIONAL ENGINEERING: All engineering must be completed by a professional engineer or architect registered in the State of Florida. All work must meet or exceed minimum design standards and guidelines established by all applicable local, state and federal laws. 23. PROJECT MANAGEMENT: It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project, including: the construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. 24. PROGRESS REPORTING: The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be due by the 15th of each month to the COMMISSION's Program Administrator until the Certification of Completion is submitted. 25. ACKNOWLEDGEMENT: The GRANTEE, at its expense, shall purchase, erect and maintain a permanent sign, not less than 4 feet by 8 feet in size, displaying the COMMISSION's official logo for launching facility projects, or shall attach a permanent plaque for marine projects, or use some other manner of acknowledgement for non- construction projects, approved by the COMMISSION, identifying the COMMISSION as a funding source for the Project. Such acknowledgement shall be maintained for a period of 20 years or the duration of the Agreement. Failure by the GRANTEE to maintain such acknowledgement shall be considered a breach of the Agreement. 26. SIGNAGE: For construction projects, the GRANTEE, at its expense, shall purchase, erect and maintain directional signs, approved by the COMMISSION, on main public highways to direct public users to each boating facility funded through the Program. The GRANTEE agrees to provide and maintain such signs at its expense for a period of 20 years or the duration of the Agreement. Failure by the GRANTEE to erect and maintain such signs shall be considered a breach of the Agreement. 27. SOLICITATION: 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. 28. SEVERABILITY AND CHOICE OF VENUE: This agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of the State of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such FWC 01244 FBIP 02-03 Page 5 of9 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 in connection herewith, in law or equity, shall be brought in Leon County, Florida. 29. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. 30. DISPUTES: Any disputes that may arise shall be handled in accordance with Chapter 120, Florida Statutes (Administrative Procedure Act). 31. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 32. RECORDKEEPING: The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract, in accordance with generally accepted accounting principles consistently applied. The GRANTEE shall allow the COMMISSION, the State, or their authorized representatives access to periodically inspect, review or audit such documents as books, vouchers, records, reports, cancelled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following Agreement completion. In the event any work is subcontracted, the GRANTEE shall similarly require each sub GRANTEE to similarly maintain and allow access to such records for audit purposes. 33. TIME IS OF THE ESSENCE: 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. 34. NON-DISCRIMINATION: As a condition of this Agreement, the GRANTEE hereby covenants and agrees that no individual, on the grounds of race, creed, color, national origin, religion, sex, age, marital status or disability shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination with respect to any activity occurring pursuant to this Agreement. FWC 01244 FBIP 02-03 Page 6 of9 35. SUBCONTRACT: The GRANTEE shall not subcontract, assign, or transfer work under this Agreement without the prior written consent of the COMMISSION's Program Administrator. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the COMMISSION and agrees to be fully responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable to any sub-grantee (or 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. 36. REVIEW AND APPROVAL: The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program Administrator for review prior to soliciting for quotations or commencing any work. The COMMISSION's Program Administrator shall have 21 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. 37. WORKERS COMPENSATION: 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 sub-grantee (or 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 sub-grantee or subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. The GRANTEE agrees to supply the COMMISSION with proof of insurance, of the types and coverage outlined by the COMMISSION. The GRANTEE shall provide to the COMMISSION a true copy of the insurance herein required prior to the execution of the related agreement through the issuance of a purchase order or the execution of a formal contract. All certificates of insurance or insurance policies shall be with insurers qualified and licensed to do business in Florida through an authorized Florida Resident Agent. 38. INSURANCE: The GRANTEE, as an independent contractor and not an agent, representative, or employee of the COMMISSION, agrees to carry adequate liability and other appropriate forms of insurance. The COMMISSION shall have no liability except as specifically provided in this Agreement. 39. EXCLUSIVE RIGHTS: The COMMISSION shall have exclusive rights to all designs, logos, mottos, slogans, data or other concepts developed under this Agreement. This provision shall apply whether the items previously described are in the possession of the GRANTEE or a third party. FWC 01244 FBIP 02-03 Page 7 of9 40. CONVICTED VENDOR LIST: 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 of36 months from the date of being placed on the convicted vendor list. 41. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or 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. 42. APPLICABLE LAWS: The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the COMMISSION 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. 43. PROHIBIT LOBBYING EXPENDITURE: In accordance with Section 216.347, Florida Statutes, this Agreement strictly prohibits the expenditure of Florida Boating Improvement Grant funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 44. COMPLETE AGREEMENT: This Agreement contains the complete Agreement between the COMMISSION and the GRANTEE and, as of the effective date hereof, shall supersede all other agreements, communications or representations, either verbal or written, between the COMMISSION and the GRANTEE. The COMMISSION and the GRANTEE stipulate that neither of them has made any representations except such representations as are specifically contained within this Agreement. The COMMISSION and the GRANTEE further acknowledge that any payments or representations that may have been made outside of those specifically contained herein are of no binding effect and have not been relied upon by either party in its dealings with the other in entering into this Agreement. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. FWC 01244 FBIP 02-03 Page 80f9 IN WIlNESS WHEREOF, the parties have caused this Agreement to be duly executed the day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERV A nON COMMISSION Chairman or designee. Kenneth D. Haddad, Executive Director Date Date Name (Print) County Name Approved as to form and legality: Address ~ 7),..-;--' I ~"\. ~~ FWCC Assistant General Counsel City, State and Zip Code Federal Employer Identification Number: Remittance Address: Address City, State and Zip Code *If someone other than the Chairman signs the Agreement, a resolution, statement or other document authcrizing the person to sign the Agreement on behalf of the local governing body must acccmpany the Agreement. List of attachments/exhibits included as part of this Agreement: ~ Attachment Attachment Attachment LetterlNumber A B C Description Original Grant Application Comptroller Cost Reimbursement Requirements Federal/State Single Audit Act Requirements FWC 01244 FBIP 02-03 Page 9 of9 \\~~ M.J() tv ...~/ ...", <;),' '0 ! 'Ci'~ ~ ~ \V"'J '. * * '~"~:, _ " z " ',' ~ );.'~'::JJ ~ ~ V ..~.~ ~1't-.( ~~ "IriON CO FLORIDA FISH AND WILDLIFE CONSERV A TION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT APPLICATION \\S~AIVD tv ~~ ~ $' 0 6 ~4ll. S ~ 'no ~\Y . * * ""l. z " ~ ~""""" S? Ot~f~'''' Zy _ ~ ~1' J ..:--~ t-"I r'ON CO FOR OFFICE USE ONLY Grant Application Number: Fiscal Year: 2002-2003 I Date Received: )./ I JO/Dv 02,;' ifel -DI Fll II h I L II h hI k i in a sections t at applv - eave a ot er sectIOns an I - APPLICANT INFORMATION k<\pplicant or Entity Name: Federal Employment Id. No.: 59-6000749 Monroe County Board of County Commissioners Telephone No.: Fax No.: Suncom No.: (305) 289-2507 (305) 289-2536 e-mail: Garrettgeo@hotmail.com Applicant Mailing Address: City: Zip Code: 2798 Overseas H\V)'., Suite 420 Marathon, FL 33050 Project Manager Name: Title: George Garrett Director, Department of Marine Resources r- Latitude: N 0 I " Longitude: W 0 I " . PROJECT LOCATION Facility Name: County: Waterbody: Six public boat ramps throughout the Keys Monroe Locations throughout Keys District Numbers US Congress: 20 State House: 40 State Senate: 120 County Commission: Facility Street Address or Location: see below III - PROJECT SUMMARY Type of Application: ~New (never considered before) D Reconsideration DPhased Continuation- Phase No.: Type of Project: D 1- Recreational Channel Marking o III- Aquatic Plant Control (] 11- Public Launching Facilities fl;J IV-Other Local Boating Related Activities Grant Funds Requested $ 33,750.00 Project Description: MASTER PLAN (design, engineering, and permitting) for repair and upgrading of high priority public boat ramps in the Florida Keys including: Card Sound Boat Ramp (County facility) MM54 Boat Ramp (DOT facility) 33rd St Boat Ramp (City of Marathon facility) - "'Ie Duck Key Boat Ramp (DOT facility) ,nish Harbor Wayside Park (DOT facility) Key Haven Boat Ramp (DOT facility) Revised 12/2001 Ir,;! _ GENERAL FACILITY INFORMATION Type of Facility: Upland Ownership: D Primitive I8/Public- Fee Simple 18/ Small (1 lane ramp) D Public - Lease D Medium (2 lane ramp) D Number of Years Remaining in Lease D Large Regional (3+ lane ramp) Name of Owner D Tie-up/OvernightIMoorage/Marina Monroe County (Card Sd. ramp) City of Marathon (33rd St. ramp) D Other Dept of Transportation (other four ramps) Is this facility open to the general public? 18/ Yes DNo Estimate Percent (%) Use of Launching Facility: 100 Motorboats/Sailboats Non-Motorboats Day Use, Parking or Launch Fee Amount: $N/A Tie-up/Overnight Moorage: $N/A Names of adjacent boating facilities, public and private (ramps, tie-up facilities/marinas) within a 10-mile radius. Name Distance Name Distance 1 6 7 3 8 4 9 5 10 v - FACILITY COMPONENTS AND USE - EXISTING CONDITIONS Number of Launch Lanes: Length of Boarding Docks: Ft D Asphalt o Concrete DOther DWood D Aluminum DOther Type of Ramp: Type of Dock: Condition: DPoor D Average DGood Condition: D Poor D Average DGood Number of Boat Trailer Parking Spaces: Length of Tie-up Dock or Moorage: Ft or Slip D Asphalt o Concrete DOther D Asphalt D Concrete DOther" Type of Parking: Type: D Slip D Broadside Condition: DPoor D Average DGood Condition: D Poor D Average DGood Other Facility Attributes: Pump out or Dump Station: DYes DNo - Restroom: DYes DNo 2 Revised 12/2001 , i-PROJECT NEED List Primary Need for Project: 181 Safety o Age-end of Useful Life 181 Environmental Needs of the Area 181 Other: general repairs and upgrades 181 High Demand by Users o Recommended by FWC Staff o Lack of In-house Capability Known Public Support: (Name) 181 Adjacent Land Owners Homeowners who use adjacent ramps agree that ramps need improvements 181 Users Groups All users of ramps agree that existing ramps need improvements o Neighborhood Assoc. 181 LocallState/Federal Government All agencies agree that existing ramps need improvements o Legislature o Other Known Public Opposition: (Name) o Adjacent Land Owners o Users Groups o Neighborhood Assoc. o LocallState/Federal Government o Legislature o Other VII - PROJECT ENGINEERING AND CONSTRUCTION Who is or will be completing project design/engineering? Level of engineering completed at time of application: o Applicant Own Staff o None !8l Consulting Engineers o Conceptual (Master Plan Phase) o N/A (Materials or Equipment Purchase) !8l Preliminary o Other: o Final (Ready to Bid) Has a preliminary or final engineer's cost estimate been developed for this project at time of application? !8l Yes ONo If yes, please attach a copy of detailed engineers cost estimate to application. Preferred period of construction (based on user activity, weather and water level): - o Winter o Spring o Summer o Fall o Anytime of the Year Revised 12/200 I 3 II II - PROPOSED PROJECT COMPONENTS Note: See Procedure Guide for definitions, Check all that apply Replacement Expansion New Engineering/Planning Recreational Channel Marking D D D D Public Launching Facility (Boat Ramp) D D D ~ Aquatic Plant Control D D D D Other Local Boating Related Activities: Boarding Dock D D D ~ Transient Tie-up D D D D Overnight Moorage D D D D Restroom D D D D Access Road D D D D Paved Parking D D D ~ Non-Paved Parking D D D D Curbs, Signs, Markings and Lighting D D D 18I Fixed Pier D D D D . Vessel Waste Facility D D D D Debris Deflection Boom D D D D Piles D D D D Dredging D D D D D D D D Other: D D D D IX - PROPERTY VALUE Size Acres: Appraisal Completed: DYes DNo Assessed Value: $ Current Zoning: Revised 12/2001 4 d ~ - PROJECT COST - SOFT (NON CASH) FUNDS !i Cost Item Project Type Applicant Other* (List in Page-6 TOTAL Type I $ $ $ Administration Type II $ $ $ Type III $ $ $ Type IV $1,000.00 $ $1,000.00 Type I $ $ $ Type II $ $ $ In-kind Engineering Type III $ $ $ Type IV $ $ $ Type I $ $ $ Type II $ $ $ In-kind Labor Type III $ $ $ Type IV $ $ $ Type I $ $ $ Type II $ $ $ In-kind Materials I Type III $ $ $ Type IV $ $ $ Type I $ 1$ $ Type II $ $ $ In-kind Equipment Type III $ $ $ Type IV $ 1$ $ Type I $ $ $ Type II $ $ $ In-kind Inspection Type III $ $ $ Type IV $ 500.00 $ $ 500.00 Type I $ $ $ Other: Planning Type II $ $ $ Type III $ $ $ Type IV $1,000.00 1$ $1,000.00 Total Soft Funds $ 2,500.00 1$ $ 2,500.00 Revised 12/2001 5 a - PROJECT COST - HARD (CASH) FUNDS II Cost Item Project Type Applicant Other* (list Below) FBIP Grant TOTAL I i ~ I Type I $ $ / $ i I I Type II $ $ $ ""'/ $ I' Property V alue ,I 'I Type III $ $ $ ~ $ Type IV $ 1$ V ~ $ Type I $ $ $ $ Type II $ $ $ $ Consultant Master Plan Type III $ $ $ $ Type IV $ $ $ $ Type I $ $ $ $ Type II $ $ $ $ I Consultant Engineering Type III $ $ $ $ Type IV $ 11,250.00 $ $ 33,750.00 $ 45,000.00 Type I $ $ $ $ Consultant Inspection Type II $ 1$ $ $ Type III $ $ $ $ Type IV $ $ $ $ Type I $ $ $ $ Construction Type II $ $ $ $ Type III $ $ $ $ Type IV $ $ $ $ Type I $ $ $ $ Type II $ $ $ $ Other: Type III $ $ $ $ Type IV $ $ $ $ Total Hard Funds $11,250.00 $ $33,750.00 $ 45,000.00 TOTAL FUNDS $ 13,750.00 $ $33,750.00 $47,500.00 *Other Source of Funds (Status) D Federal D State/Local DLoan Grant Name(s): Agency(ies): .lproval Status: 0 Approved 18I Pending Dlntend to Apply, Date: Revised 12/2001 6 Ir -'] _ PERMITS Note: Construction Projects Only. YES NO Has an application been submitted with the Florida Department of Environmental Protection? 0 0 U.S. Army Corps of Engineers 0 0 Local and Others (If needed): 0 0 XII- ENVIRONMENTAL ASSESSMENT YES NO 1. Will the project significantly or adversely affect the environment? 0 ~ If Yes, please explain key issues and describe any mitigation actions proposed. Revised 12/2001 7 II 'XIII - REQUIRED APPLICA nON A TT ACHMENTS CHECK LIST 181 1. An adopted Resolution, by the Governing Body, authorizing that the Project Manager has the authority to apply for and administer the grant on behalf of the applicant. D 2. Boundary map of the project area. The map must provide a description and sketch of the project area boundaries, displaying known easements, and legally sufficient to identify the program area. D 3. Site control documentation (e.g. deed, lease, results of title search, etc ... ) for the project site. If the county is applying on behalf of a local body of government, then an inter-local agreement between the local body of government and the county must also be submitted. I8l 4. Existing Condition Photographs sufficient to depict the physical characteristics of the project area. D 5. Aerial Photographs marked with the approximate boundaries of the project site. D 6. If applicable, art g,S"xl'I "'phbtocopy(ptojecr siteviCiiiity' ohlY)- Of n~tittei1iNOXANonh'Ame'ricanl)atunf83'naiiticaJ' , '. chart (provide the NOAA chart name and number) indicating the precise location of the project site. NOAA charts may be obtained from: Distribution Branch (N/CG33), NOAA-National Ocean Service, 6501 Lafayette Avenue, Riverdale, Maryland 20737. D 7. Photocopies of necessary project permit( s) or permit application( s). I8l 8. Engineering Cost Estimate (if completed). D 9. Preliminary Design/Engineering Plans (if completed). I8l 10. Application transmittal cover letter (Identify priority rank with multiple applications). I8l 11. One (1) original application. I8l 12. Five (5) copies of the application. APPLICANT SIGNATURE .n.l'plication is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities. I also certify that the Applicants governing body is aware of and has authorized the Project Manager as the official representative of the Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required. By signature below the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project so approved. ~f-~~ Title Df Ifd ~2 STATE OF FLORIDA, COUNTY OF ( ~~ q-t7tt ~ Personally appeared before me this day of ,200-, tho above m'trum'~"nc'. ~ Notary Public Name: ~ ~ ~ U>.g .JlI'~~~~~~~, ~nd swore to ~.;.\l>~~ gXjllr~_, Ms) _J. .:004 .. . ~'Y}}:'._....~"'..~ Bonded Thru My COmrnISSlOn exprres: "I'~.~'" - l.t!."lie BOlldill. Co.._ . -"TE: Instruction and further information regarding this application and the Florida Boating Improvement Program can be found in the ..ida Boating Improvement Program Procedure Guide or you may contact the Program Administrator, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, FL 32399-1600. Telephone (850) 487-3755. 8 \"m" M ~~~!.t/.t'~ ayra Tezan08 !~rA"~~CommllSlon # CC 924829 ;.'!l\A.z~~ Expires May 19,2004 ....~......~_.:- Bonded nuu "1 OF CI..' ,- ^,'_.:_ ,.,_~. IllIIii" ~DUlJUmsCo.,lDc. Revised 12/2001 County of Monroe Deoartment of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Phone: (305) 289-2805 FAX: (305) 289-2536 Board of County Commissioners Mayor Charles "Sonny" McCoy, Dist. 3 Mayor Pro Tern Dixie Spehar, Dist. I Commissioner Murray Nelson, Dist. 5 Commissioner George Neugent, Dist. 2 Commissioner Nora Williams, Dist. 4 April 8, 2002 Sandy Robertson, Grant Specialist Florida Fish & Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, FL 32399-1600 Dear Ms. Robertson: Thank you for the opportunity to apply for funding with the Florida Boating Improvement Program. The Momoe County Department of Marine Resources has been fortunate to use FBIP funding for a number of past projects, including: channel marker installations, various marine engineering surveys, and the installation of the first County mooring field in the Florida Keys. One of the most urgent needs for recreational boaters who reside in, and visit the Keys is suitable launching facilities. Public boat ramps in Momoe County are maintained by the state, county, and municipal governments. Many of these ramps are deteriorating and do not meet current building specifications. Monroe County's Engineering Department and the Department of Marine Resources are working together, along with other government agencies, to repair and upgrade all public launching facilities. Through the Florida Boating Improvement Program we hope to secure a grant to fund the master planning (design/engineering/permitting) for six facilities, including: a County ramp, a City of Marathon ramp, and four DOT maintained ramps. This master plan is intended to be the first phase of a two phase project in which the second year will include construction. Momoe County will apply for FBIP funding in the second year for completion of the County boat ramp facility (i.e. Card Sound Road boat ramp) included in this year's master plan funding application. Most of the public launching facilities included in the master plan are located adjacent to US 1 and are used primarily by trailer boaters from other Counties. Each ramp is convenient to a particular area of the Keys (reefs, bay, back country, etc.). All of these ramps have a history of being in a popular location, where there are no conflicts to boating safety. The master plan project entails evaluating each boat ramp, determining needs for both basic repairs and upgrades, and generating engineering plans, permits, and cost estimates for the construction. When the master plan is completed later this year the City of Marathon and the Florida Department of Transportation (as well as Momoe County) will use those products to move forward with bidding and construction. The result of the two year plan will be a system of user friendly ramps, convenient to the boating public, that meet all state and local specifications and provide improved facilities. Upgrades will include redesigned ramp pads, paved parking, boarding docks, educational signage and any necessary safety and environmental features. Engineering estimates (see attached) total $45,000 for the master planning. Momoe County will provide a 25% hard money match. The grant request is for $33,750. If I can provide any additional information regarding this Florida Keys Public Boat Ramp Master Plan and the accompanying application please do not hesitate to call. Sincerely, /~ Richard Jones Marine Resources Planner Attachments: FBIP application Engineering estimates for State and City ramps from Glen Boe & Associates Engineering estimate for the County ramp from Momoe County Engineering Department Digital photos indicating current condition of boat ramps Letter from Florida DOT requesting funding assistance Letter from the City of Marathon requesting funding assistance Agenda item summary recommending submittal ofFBIP grant application GLEN BOE & ASSOCIATES, INC. 8807 OVERSEAS HIGHWAY MARATHON, FL 33050 PHONE (305) 743-9121 . FAX (305) 743-9197 April 8. 2002 County of Monroe Department of Marine Resources 2798 Overseas Highway. Suite 420 Marathon, FL 33050 Subject: Monroe County Boat Ramps Attention: Richard Jones Personnel from this office performed site inspections for the following boat ramps: Boat Ramp MM 54 Boat Ramp 33rd St. Boat Ramp Little Duck Key Boat Ramp Spanish Harbor Wayside Park Key Haven Boat Ramp Location MM 54 Marathon MM 48.8 Marathon MM 40 Little Duck Key MM 34 W. Summerland MM6 Ownership State City of Marathon State State State All of the boat ramps are showing signs of age and deterioration. The boat ramps and return walls should be replaced. Each boat ramp should be redesigned to include a maximum slope of 15% and terminate in 4' of water at mean low tide. In addition to the replacement of the actual boat ramp the following improvements should also be considered: ~ New asphalt pavement and striping. ~ Bulkhead repair or replacement. ~ Launching Pier. ~ Site Lighting. ~ Picnic or Observation Facilities. ~ Information signs, including navigational charts. ~ Stormwater retention. ~ Landscaping and additional green space. An estimated fee for the design. engineering, permitting, and collection construction bids for each boat ramp is $7,000. A land survey of each boat ramp property will be required to prepare the permit drawings. Please contact this office if any additional information is required. Sincerely, ~ ~/' . Sean Kirwan President -- Apr 09 02 03:55p Monroe Count~ 3052954321 p.2 Engineering Dcpartment 1100 Simonton Street Key West, FL 33040 (~'~ ..-- BOARD OF COU~TYCOMMISSIONERS Mayor Charles "Sonny" McC 01', Distnct 3 Mayor Pro Tem Dixie M. Spehar, Dlstnct I George Neugent, District 2 Nora Williams, District 4 Murray E. Nelson, District 5 O,~~rv ~~~E (305) 294..ol641 April 9, 2002 . County of Monroe Department of Marillc Resources 2798 Overseas Highway, Suite 420 Marathon, FL 33050 RE: Monroe County Boat Ramps ATTN: Rich Jones Dear Me. Jones: Personnel from this office performed a site visit to the County Boat Ramp located on Card Sound Road. The Boat Ramp is currently a mixnlre of gravel and slag concrete, with no seawalls or launching dock. The ramp should be graveled and replaced with poured concrete. A small seawall should be placed on each side to help prevent erosion. Also a dock should be installed to facilitate launching and recovery of vessels. Additionally the following improvements should bc considered: 1. Paved parking 2. Security lighting 3. Day use facilities 4. Stormwatcr management 5, Landscaping An eSlimated fee for the design, engineering, permitting, construction management and associated surveying IS S 10,000. Please call if you have any additional questions. Sincerely, M~ n&zd Design Engineer BBR/jl CdSdBoatRampRichJones.DOC ~.. ~M 54 Boat Ramp DOT) ------ .' , ---~ , L ------ 33rd .:". f Marathon) Street Boat Ramp(p~!o ,~ "~'~ ....., _"c." ':"-~~>'~r;<~r;.- ~': ,~ , ;f~i ~" ", :. ,: " Little Duck Key Boat Ramp (DOT) .... ~~.~.~;"-~'- JEB BUSH GOVER~OR -.." Florida Department of Transportation District Six Maintenance Office 1 000 NW 111 Avenue. Room 6214 Miami. Florida 33172 THO"AS r. BARRY. JR SECRETAR' March 27,2002 George Garrett, Director Department of Marine Resources for Monroe County 2798 Overseas Highway, Suite 420 Marathon. Florida 33050 Dear Mr. Garrett: This letter will outline my understanding of our telephone conversation of March 26,2002. Monroe County expects to apply for a grant to permit and design several boat ramps in the County. Included in that request will be some or all of the following which are owned and maintained by the FDOT: 1. Key Haven 2. Spanish Harbor (Summerland) 3. Marathon 4. Indian Key 5. Finger ramp at South End of Old Seven Mile Bridge Thereafter, the County will seek additional grants annually in order to fund construction of the selected boat ramps. The FDOT has agreed to assist with the design of the boat ramps as well as with construction funding in the event that the grant monies are inadequate to timely undertake the improvements to the boat ramps. Additional meetings will be held after the initial grant approval to review the exact extent ofFDOT commitment. Ifany of the above is not correct, please advise. We look forward to working with you on this important program. v /J truly yours, f\. sf~/~ Ron Steiner, P.E. District Maintenance Engineer RS/ro C: Jose Abreu, Gus Pego, Jim Underwood, Kevin Baker www.dot.state.fl.us ~ RECYCLED PAPER John Bartus Mayor Randy Mearns Vice Mayor Franklin D. Greenman Councilman John Repetto Councilman Pete Worthington Councilman Craig Wrathell, Moyer, Ward, Wrathell & Associates Cif'.' ManaKer Nina L. Boniske John R. Herin, Jr., Weiss Serota Helfman Pastoriza & Guedes, P .A. Cif'.' Auorneys April 9, 2002 George Garrett, Director Department of Marine Resources Monroe County 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 RE: Boat Ramp Grant Funding Dear Mr. Garrett: My office has been speaking with Rich Jones, Marine Resources, regarding grant money available for boat ramp repairs and upgrades in Monroe County. The City of Marathon is very interested in this funding. We presently are in the process of upgrading the City boat ramp on 33rd Street. Please inform us what the procedure is to apply for this funding. Any additional information necessary will be quickly acted upon. We look forward to a favorable response from your office. Thank you for your consideration. Sincerely, ~M-, Director of Community Services CAI st PLEASE REPLY TO: X 10045-55 Overseas Highway. Marathon, Florida 33050. Phone: 305-743-0033. Fax: 305-743-3667 210 N. University Drive, Suite 702. Coral Springs, Florida 33071 . Phone: 954-753-5841 Broward. Fax: 954-345-1292 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 17 April 2002 Division: Growth Management Bulk Item: Yes ---X- No Department: Marine Resources AGENDA ITEM WORDING: Approval to submit a grant proposal to the Florida Boating Improvement Grant Program administered by the Florida Fish and Wildlife Conservation Commission to make improvements to existing boat ramps in the County. ITEM BACKGROUND: The Florida Boating Improvement Grant program provides funding for construction projects to make improvements for water dependent activities. The program does not require a match, but does rank applications based on local government willingness to provide a match. We are proposing a 25% match utilizing the County's Boating Improvement Fund. Many of the ramps in the County are in need of repair and upgrade. With these funds we will complete engineering requirements and seek permits to improve six ramps in the Upper, Middle, and Lower Keys. They will include County and State ramps. Assistance on state ramps will help facilitate improving these ramps sooner than otherwise anticipated. The grant request is for approximately $33,500. The County will match with approximately $11,500 in BIF funds. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: $45,000 BUDGETED: Yes l No COST TO COUNTY: $11.250 (BIF) REVENUE PRODUCING: Yes No ---X- AMOUNT PER MONTH_ Year DOCUMENTATION: Included -L APPROVED BY: County Atty NA To Follow_ Risk Management _NA_ rowth Management 1f4 Not Required_ DIVISION DIRECTOR APPROVAL: DISPOSITION: AGENDA ITEM # ~/~.\ 0ffiJ fr~~; RESOLUTION ^' ~,,!, fl'/) -h~ (liD 2 -4'1-~Dt) ~.., - - A RESOLUTION OF THE Ml COMMISSIONERS AUTHORIZING TJ HIS DESIGNEE TO SIGN GRANT Al APPROVED FOR SUBMITTAL BY THJ lrees WHEREAS, Board of County Commissioners approved submission of a grant to the FBIP to assist in making improvements to boat ramps in Monroe County; and WHEREAS, many grant programs, including the FBIP grant program require a resolution authorizing the individual signing the grant to be specifically authorized' for signature by the legally authorized govemm~ntal body, in this case the Board of County Commissioners; and WHEREAS, the Board generally supports receipt of FBIP and other grant funds for specified marine projects and purposes approved by the Board. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA THAT: The County Administrator or his designee is authorized to sign grant applications 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 ~ day of Mav . A.D., 2002. BY: Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner Nora Williams Commissioner Murray Nelson /;.>:;~.;:>~ ~~/:-::. BOARD OF COUNTyRf' MISSIONERS 1~~5~C0 ~':,'", MONROE COUNTY, DA /Ift/ ) ~/'" ('--~". ~", /I......-~ .. (,,~ '1 \ 11;':/ w~\~ ;Y '\. \;A ::\iBY' if~; r . ~~JP- ~ ~ ".1 :: ~ . ~o \';C,~ y;, ';';", i MA YOR/CHAI \<. t~\";//~.~,: 0'_~~yi.~ j ;~. ~ --.J!%~, "'2,~y ~ f \1.. ':r~ z~":. :;-.~ "; ~:;r:,.. ) 'I '_"\. ~ /-?tC ,:... '-"-' ;.\ ,-/.~~-. .-.'. ~ ,.-./ X" "\.:?,>::.",~;:; i ~f/ "~:"~~~ ..:> ~,__~. ~...._ ,l~' '-~~"-~'" DANNY 1. KOLHAGE, CLERK ~ Q .Qv~~--G DEPUTY CLERK YES YES YES Absent YES (SEAL) MAY 2 1 2002 ATTEST: BC020531,doc 04/25/02 9: lOAM ATTACHMENT B Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section I 12.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. FWC 01244 Page 1 of 1 ATTACHMENT C REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Page 1 of 6 agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission and other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS None. PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at each of the following addresses: Boating Improvement Program Attn: Grant Manager Division of Freshwater Fisheries 620 S. Meridian Street Tallahassee, FL 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Page 2 of 6 Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at each of the following addresses: Boating Improvement Program Attn: Grant Manager Division of Freshwater Fisheries 620 S. Meridian Street Tallahassee, FL 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: The Commission at each of the following addresses: Boating Improvement Program Attn: Grant Manager Division of Freshwater Fisheries 620 S. Meridian Street Tallahassee, FL 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directlv to: The Commission at each of the following addresses: Boating Improvement Program Attn: Grant Manager Division of Freshwater Fisheries 620 S. Meridian Street Tallahassee, FL 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 Page 3 of6 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMS Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. Page 4 of 6 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: None. SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Agency: State Program: CSFA No.: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 77.006 Monroe County Board of County Commissioners $33,750.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: A. Activities Allowed/Not Allowed: Project activities must occur on public lands owned outright or managed under agreement with another party with lease terms exceeding 20 years. Ineligible activities include: acquisition of real property; any type of enforcement activity, fee collection, maintenance or other personnel costs; any type of equipment or capital equipment purchases used for operations or maintenance; any project that increases the potential for damage to natural resources or boating safety hazards. B. Allowable Costs: Direct project costs such as project planning, engineering and construction. Ineligible expenses include: application costs, overhead and all other indirect project costs; legal fees; costs of utilities to operate facility, ordinary operation, maintenance, or repairs; costs of any type of general business, marketing or promotional plan. C. Eligibility: County governments of the State of Florida. Local bodies of government must apply through their counties for consideration. All FWC rules, policies and procedures as well as all state and federal rules must be complied with. D. Equipment and Real Property Management: Recipients must agree to provide, for the 20-year term of the agreement, all costs for ordinary and routine maintenance of facility. F. Matching: Not required; however, applicants who provide hard (cash) matching funds will be given priority. Applicants agree to use in-kind (soft) match funds such as administrative, contract management and inspection, which do not exceed 10 percent of total project cost for project administration and 5 percent for inspection. G. Period of Availability of State Funds: The Recipient must complete and have made final payment request to the Commission within the time specified in the contract. Page 5 of 6 H. Reporting: The Recipient shall submit a Project Completion Certification along with the payment request form. Counties must maintain an accounting system that properly accounts for all program funds. I. Sub-recipient Monitoring: Recipients may transfer funds to cities and other local government units. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Page 6 of6