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03/16/2005 Agreement No. 04148DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: April 13, 2005 TO: Timothy McGarry, Director Growth Management Division ATTN. Mayra Tezanos Executive Assistant FROM: Pamela G. Ha c Deputy Cler At the March 16, 2005, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and the Florida Fish & Wildlife Commission (FWCC) to complete the Monroe County Public Water Access and Marine Facilities Management Plan; approval requires waiver of policy that venue be in Monroe County. Enclosed are four duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed "Monroe County Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon as possible. Should you have any questions please do not hesitate to contact this office. cc: Finance w/o document County Attorney File ✓ FWC Contract No. 04148 FLORIDA BOATING IMPROVEMENT PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION," and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS whose address is 2798 Overseas Highway, Suite 420, Marathon, Florida 33050, hereafter "GRANTEE" to conduct a project entitled Public Water Access and Marine Facilities Management Plan, hereafter "Project," using funds from the Florida Boating Improvement Program, hereafter "Program." NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: SCOPE OF SERVICES 1. The GRANTEE shall implement its project proposal, as described in Attachment A, entitled Florida Boating Improvement Program Grant Application No. 04-11D-002, attached hereto and made a part hereof. All project activities must be completed during the time span provided herein for that portion of the Agreement. 2. The GRANTEE shall commence work on the Project within 90 days 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. 3. If applicable, 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. 4. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project, including any construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. 5. The GRANTEE, at its expense, shall purchase, erect and maintain a permanent sign, not less than four (4) feet by eight (8) feet in size, displaying the COMMISSION's official logo for launching 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. 6. Upon completion of the project, the GRANTEE'S Project Manager, 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 project proposal, Attachment A, and this Agreement. 7. 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 submitted on the form provided by the COMMISSION and due to the COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion is submitted. 8. 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, at least 21 days prior to printing Page 1 of 8 the COMMISSION shall review and approve all proposed publications that will be funded by this Agreement to ensure that environmental and boating safety issues are effectively addressed. At its discretion, the COMMISSION may elect to have its representative inspect printed material 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. 9. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract 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. 10. 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 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. 11. 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. GRANTEE ELIGIBILITY 12. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. 13. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good -faith performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287, F.S., and all other applicable rules and laws. TERM OF AGREEMENT 14. This Agreement shall begin upon execution by both parties and end December 31, 2005, inclusive. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. 15. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval. Failure to execute this Agreement shall render the award of funds null and void, and shall result in termination of this Agreement. COMPENSATION 16. For satisfactory completion of the Project Public Water Access and Marine Facilities Management Plan by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed $ 37,500.00. PAYMENTS 17. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of a final invoice, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the Commission's Grant Manager. The invoice must be submitted within Page 2 of 8 30 days after completion of the Project. The invoice shall include the FWC Contract Number and the Grantee's Federal Employer Identification (FEID) Number. An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 18. 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. 19. No travel expenses are authorized under the terms of this Agreement. 20. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and made a part hereof as Attachment B. 21. The COMMISSION shall have 30 working days to inspect and approve goods and services. 22. 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. 23. For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 24. In order to make best use of the agency's resources, the COMMISSION reserves the right to utilize Federal funds for payments under this Agreement. In the event Federal funds become available for such use, and subject to the mutual agreement of the parties hereto, the Agreement shall be amended to include applicable Federal Requirements. 25. Invoices, including backup documentation, shall be submitted to: Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section Florida Boating Improvement Program 620 South Meridian Street Tallahassee, FL 32399-1600 TERMINATION 26. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 27. Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION all property belonging to the COMMISSION. For the purposes of this section, property belonging to the COMMISSION shall include, but shall not be limited to, all books and records kept on behalf of the COMMISSION. Page 3 of 8 TAXES 28. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. NOTICE 29. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE Monroe County Board of County Commissioners 2798 Overseas Highway Marathon, Florida 33050 Phone: (305) 289-2507 Fax: (305) 289-2536 Attn: Rich Jones, Project Manager AMENDMENT OR MODIFICATION COMMISSION Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section 620 South Meridian Street Tallahassee, FL 32399-1600 Phone: (850) 487-3755 Fax: (850) 488-9284 Attn: Patricia Harrell, Program Administrator 30. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 31. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g., specifications, schedules, method or manner of performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 32. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 33. The GRANTEE covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 34. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 35. To the extent required by law, the GRANTEE will either be self -insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. Page 4 of 8 36. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance. 37. The GRANTEE warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES 38. 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. RECORD KEEPING REQUIREMENTS 39. 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 Agreement, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled 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 the close of this Agreement. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 40. 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 or the provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 41. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 42. 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. Page 5 of 8 NON -ASSIGNMENT 43. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 44. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 45. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 46. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 47. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 48. 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. PROPERTY/EQUIPMENT 49. The GRANTEE is not authorized to use funds provided herein for the purchase of any non -expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 50. In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non - State organizations that are recipients of State financial assistance to comply with the audit requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, 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. 51. In accordance with section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Page 6 of 8 RIGHTS IN PROPERTY, COPYRIGHTS, AND INVENTIONS 52. All items, materials or products, of any description, produced or developed by the GRANTEE on behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as provided by Florida law. Neither the GRANTEE nor any of its subcontractors shall have any proprietary interest in the products and materials developed under this Agreement. 53. The COMMISSION reserves the right to determine the disposition of title and rights to any inventions and/or processes that may result from any experimental or developmental research performed under this Agreement. If Federal funding is involved in support of this Agreement, the Federal Government may reserve ultimate jurisdiction over title and right privileges. 54. Regardless of title or ownership of the products and materials developed under this Agreement, the COMMISSION and the State of Florida shall reserve a royalty -free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is involved in support of this Agreement, the Federal Government shall also reserve a royalty -free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. ENTIRE AGREEMENT 55. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. (Remainder of page intentionally left blank.) Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS / � 41 A'14e; �ar-tJ Chairman /Mayor 3/16/2005 Date DIXIE M. SPEHAR Name (Print) Monroe County Board of County Commissioners Grantee Name 2798 Overseas Highway. Suite 420 Address Marathon Florida 33050 City, State, and Zip Code 59-6000749 Federal Employer Identification Number (FEID) Approved to form and legality: s" a r L 5` u ty/Municipality Attorney FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION �19 F Kenneth D. Haddad, Executive Director Date Approved as jo fprm and legality: FWC List of attachments/exhibits included as part of this Agreement: Attachment A: FBIP Grant Application #04-IID-002 Attachment B: Comptroller Cost Reimbursement Requirements Attachment C: Federal/Florida Single Audit Act Requirements Exhibit 1: Funds awarded pursuant to agreement Attachment D: Certification of Completion form Attachment E: Monthly progress report form L Y� DEP TY CLERK a T Qr -. n. r' on' a �'• -R � g m. , v CM Page 8 of 8 FWC Contract No. 04148 ATTACHMENT A Florida Boating Improvement Program Grant Application # 04 - IID - 002 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT APPLICATION FOR OFFICE USE ONLY Grant Application Number: 11Fiscal Year: 2004-2005 1 Date Received: SEP 10 2004 104-ILD- 002. Fill in all sections that apply - Leave all other sections blank I - APPLICANT INFORMATION County/Municipality Name: Monroe County Federal Empl2yment Id. No.: 59-6000749 Telephone No.: Fax No.: Suncom No.: Applicant Name: Monroe County Board of County Commissioners (305 ) 289-2507 (305) 289-2536 Applicant Title: e-mail: James L. Roberts, County Administrator Garrett-George@monroecounty-fl.gov Applicant Mailing Address: City: Zip Code: 2798 Overseas Hwy., Suite 420 Marathon 33050 Project Manager Name: Title: George Garrett Director, Department of Marine Resources II - PROJECT LOCATION Latitude: N ° Longitude: W ° Facility Name: County: Waterbody: The Florida Keys Monroe all coastal waters District Numbers US Congress: 20 State House: 40 State Senate: 120 County Commission: Facility Street Address or Location: see below T - PROJECT SUMMARY rpe of Application: ® New (never considered before) ❑ Reconsideration []Phased Continuation- Phase No.: TIER -I TIER -II ❑ I- Recreational Channel Marking ❑ I- Boat Ramps Type of Project: ❑ II- Public Launching Facilities ❑ II- Piers and Docks ❑ 11I- Aquatic Plant Control ❑ III- Boater Education ❑ IV- Other Local Boating Related Activities ® IV- Economic Development Initiatives Project Description: Development of a Public Water Access and Marine Facilities Management Plan: Monroe County is faced with escalating waterfront property values, and subsequently the redevelopment of many boating facilities. Monroe is rapidly losing boat yards and recreational boating facilites to mega -yacht marinas and dockomiuniums. The Department of Marine Resources is tasked with procuring consulting services to prepare a public water access and marine facilities management plan (the Plan) for Monroe County. The Plan will entail: 1) providing a current marine facilties database; 2) determining the economic impact of these facilities, concentrating on boat yards and marinas; 3) evaluating the recent loss of facilities and potential impacts; and 4) developing recommendations for the preservation and enhancement of such facilities. Evaluations and recommendations will be used to protect and preserve the working waterfront and recreational boating facilities. The Plan will complement the interim study being conducted by the State (FWC), providing more detailed and site specific information and recommendations. (more attached) coin /TT r. �c� mcinn� Project Description (cont.) The Department of Marine Resources is preparing a Request for Proposals to be sent to qualified consulting firms to conduct the Public Water Access and Marine Facilities Management Plan. Because this is not an engineering or construction project there is no engineering cost estimate. Monroe County has approved the expenditure of $75,000 for the study. This project clearly falls under the category of economic development initiatives. Due to the type of project, numerous items on the application have been left blank, as they do not apply to the project. The scope of the study is for the entire County (Florida Keys). All marine facilities will be surveyed, data entered into a GIS database, and the information evaluated for economic impact, as well as the negative impacts foreseen from losses of facilities as well as the socioeconomic impacts from the potential changes in uses of waterfront properties and facilities. This is the only grant application the County is submitting to FFWCC. Monroe County has a population of under 100,000 people and much of the use of public waterfront facilities. is from other counties. Monroe County estimates that administrative contributions to the project will be approximately $5000. The County is asking the FFWCC BIP grant program to provide half of the anticipated $75,000 cost of the project. We are asking for $37,500 in funding. Implementation of the recommendations developed from the plan should help preserve current marine facilities and most importantly preserve the historic uses of the Keys' working waterfronts. IV - GENERAL FACILITY INFORMATION Type of Facility: Upland Ownership: ❑ Primitive ❑Public- Fee Simple ❑ Small (1 lane ramp) ❑ Public - Lease ❑ Medium (2 lane ramp) ❑ Number of Years Remaining in Lease ❑ Large Regional (3+ lane ramp) Name of Owner ElTie-up/Ovemight/Moorage/Marina not applicable ❑ Other: not applicable Is this facility open to the general public? ❑ Yes []No Estimate Percent (%) Use of Launching Facility: Motorboats/Sailboats Non -Motorboats Day Use, Parking or Launch Fee Amount: $ Tie-up/Overnight Moorage: $ Names of adjacent boating facilities, public and private (ramps, tie-up facilities/marinas) within a 10-mile radius. Name Distance Name Distance 1 6 2 7 3 g 4 9 5 10 V - FACILITY COMPONENTS AND USE - EXISTING CONDITIONS Number of Launch Lanes: Length of Boarding Docks: Ft Type of Ramp: ❑ Asphalt ❑ Concrete []Other Type of Dock: ❑ Wood ❑ Aluminum El Other Condition: El Poor []Average []Good Condition: ❑Poor ❑Average ❑Good Number of Boat Trailer Parking Spaces: Length of Tie-up Dock or Moorage: Ft or Slips Type of Parking:[] Asphalt ❑ Concrete []Other Type: ❑ Slip ❑ Broadside Condition: ❑ Poor ❑ Average ❑Good Condition: ❑ Poor ❑Average ❑Good Other Facility Attributes: Pump out or Dump Station: ❑ Yes []No Restroom: ❑ Yes ❑No FWC/DLE-252 (05/04) VI - PROJECT NEED List Primary Need for Project: ❑ Safety ❑ High Demand by Users ❑ Age -end of Useful Life ❑ Recommended by FWC Staff ❑ Environmental Needs of the Area ❑ Lack of In-house Capability ® Other: preserve the working waterfront Known Public Support: (Name) ❑ Adjacent Land Owners ® Users Groups Vessel owners ❑ Neighborhood Assoc. ® Local/State/Federal Government Monroe County; Florida FWC; Florida Sea Grant ❑ Legislature ❑ Other Known Public Opposition: (Name) ❑ Adjacent Land Owners ❑ Users Groups ❑ Neighborhood Assoc. ❑ Local/State/Federal Government ❑ Legislature ❑ Other VII - PROJECT ENGINEERING AND CONSTRUCTION Who is or will be completing project design/engineering? Level of engineering completed at time of application: ❑ Applicant Own Staff ® None ❑ Consulting Engineers ❑ Conceptual (Master Plan Phase) ❑ N/A (Materials or Equipment Purchase) ❑ Preliminary ® Other: Planning Consultants ❑ Final (Ready to Bid) Has a preliminary or final engineer's cost estimate been developed for this project at time of application? ❑ Yes ®No 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): []Winter ❑ Spring ❑ Summer ❑ Fall ® Anytime of the Year FWC/DLE-252 (05/04) VIH - PROJECT COST - SOFT (NON CASH) FUNDS (TIER -I) Cost Item Project Type Applicant Other (List in Sec. XII Do Not Use This Colum TOTAL Channel Marking $ $ $ Administration Public Launching $ $ $ Aquatic Plant Control $ $ Other Boating Activities $ $ Channel Marking $ $ In -kind Engineering/ Construction Public Launching $ $ Management Aquatic Plant Control $ _ $ $ Other Boating Activities $ $ $ i Channel Marking $ $ In -kind Labor Public Launching $ $ Aquatic Plant Control $ $ $ Other Boating Activities $ $ $ Channel Marking $ $ $ In -kind Materials Public Launching $ $�`' z $ Aquatic Plant Control $ $ $ Other Boating Activities $ $ $ Channel Marking $ $ $ In -kind Equipment Public Launching $ $ $ Aquatic Plant Control $ $ $ Other Boating Activities Total Soft Funds (Tier -I) $ $ $ IX - PROJECT COST - HARD (CASH) FUNDS (TIER -I) Cost Item Project Type Applicant Other (List in Sec. XII) FBIP Grant TOTAL Channel Marking $ $ $ $ Planning/Engineering Public Launching $ $ $ $ Aquatic Plant Control $ $ $ $ Other Boating Activities $ $ $ $ Channel Marking $ $ $ $ Implementing/Construction Public Launching $ $ $ $ Aquatic Plant Control $ $ $ $ Other Boating Activities $ $ $ $ Channel Marking $ $ $ $ Other Public Launching $ $ $ $ Aquatic Plant Control $ $ $ $ Other Boating Activities $ $ $ $ Total Hard Funds (Tier -I) $ $ $ $ TOTAL FUNDS TIER -I 1 X - PROJECT COST - SOFT (NON CASH) FUNDS (TIER -II) Cost Item Project Type Applicant Other (List in Sec. XII) Po Not Use This Column TOTAL Administration Boat Ramps $ $ $ Piers and Docks $ $ $ Boater Education $ $ $ Economic Development $ 5,000.00 $ $ 5,000.00 In -kind Engineering/ Construction Management Boat Ramps $ $ $ Piers and Docks $ $ $ Boater Education $ $ $ Economic Development $ $ $ In -kind Labor Boat Ramps $ $ $ Piers and Docks $ $ $ Boater Education $ $ $ Economic Development $ $ $ In -kind Materials Boat Ramps $ $ $ Piers and Docks $ $ — $ $ Boater Education $ Economic Development $ $ $ In -kind Equipment Boat Ramps $ $ Piers and Docks $ $ - $ Boater Education $ $ i � Economic Development $ $ Total Soft Funds (Tier -II) $ 5,000.00 $ $ 5,000.00 XI - PROJECT COST - HARD (CASH) FUNDS (TIER -II) Cost Item Project Type Applicant Other (List in Sec. XII) FBIP Grant TOTAL Planning/Engineering Boat Ramps $ $ $ $ Piers and Docks $ $ $ $ Boater Education $ $ $ $ Economic Development $ $ $ $ Implementing/Construction Boat Ramps $ $ $ $ Piers and Docks $ $ $ $ Boater Education $ $ $ $ Economic Development $ $ $ $ Planning Other Boat Ramps $ $ $ $ Piers and Docks $ $ $ $ Boater Education $ $ $ $ Economic Development $ 37,500.00 $ $ 37,500.00 $ 75,000.00 Total Hard Funds (Tier -II) $ 37,500.00 $ $ 37,500.00 $ 75,000.00 F$80,000.00 TOTAL FUNDS TIER -II $42,500.00 $ $37,500.00 XH - OTHER SOURCE OF FUNDS STATUS ❑ Federal Grant Name: ❑ State/Local ❑Loan Agency: Approval Status: []Approved ❑Pending ❑Intend to Apply, Date: ❑ Federal Grant Name: ❑ State/Local []Loan Agency: Approval Status: ❑ Approved ❑ Pending []Intend to Apply, Date: ❑Federal Grant Name: ❑State/Local []Loan Agency: Approval Status: ❑Approved ❑Pending ❑Intend to Apply, Date: ❑Federal Grant Name: ❑State/Local ❑Loan Agency: Approval Status: ❑Approved ❑ Pending ❑Intend to Apply, Date: XIII - PERMIT STATUS Note: Construction Projects Only. Submitted Approved Florida Department of Environmental Protection? ❑ ❑ U.S. Army Corps of Engineers ❑ ❑ Local and Others (If needed): ❑ ❑ FWC/DLE-252 (05/04) XV - REQUIRED APPLICATION ATTACHMENTS CHECK LIST ® 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. ❑ 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. ❑ 3. Site control documentation (e.g. deed, lease, results of title search, etc ... ) for the project site. If the Applicant is applying on behalf of another public entity, then a Memorandum Of Understanding between the Applicant and the public entity must also be submitted. ❑ 4. Existing Condition Photographs sufficient to depict the physical characteristics of the project area. ❑ 5. Aerial Photographs marked with the approximate boundaries of the project site. ❑ 6. If applicable, an 8.5"xl1" photocopy (project site vicinity only) of a current NOAA North American Datum 83 nautical 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. ❑ 7. Photocopies of necessary project permit(s) or permit application(s). ❑ 8. Detailed Cost Estimate in the form of a formal bid, written quote from proposed vendor or an engineer's cost estimate. ❑ 9. Preliminary Design/Engineering Plans (if completed). ® 10. Application transmittal cover letter (Identify priority rank with multiple applications). ® 11. One (1) original application. ® 12. Five (5) copies of the application. APPLICANT SIGNATURE Application 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. James L. is Print/T �Ne Ap cant Signature ACT!NG C011`— "r�MINISTRATOR Monroe County Administrator Title 9/7/04 Date STATE OF FLORIDA, COUNTY OF Personally appeared before me this day of 20d, Ji�P ",o. and swore to the above instrument in my presence. 1 w•yMy G. �n2ird cc c Ems` °S,� ZoaS Notary Public Name: � My commission e / �i ama►-a Lund ram NOTE: Instruction and further information regarding this application and the Florida Boating Improvement Program can be found in the Florida 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. FWC/DLE-252 (05/04) Marine Resources RESOLUTION NO. 191— 2002 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE COUNTY ADMINISTRATOR OR HIS DESIGNEE TO SIGN GRANT APPLICATIONS FOR APPLICATIONS APPROVED FOR SUBMITTAL BY THE BOARD. 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 governmental 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 1 S`h day of May . A.D., 2002. Mayor Charles "Sonny" McCoy YES Mayor Pro Tern Dixie Spehar YES Commissioner George Neugent YES_ Commissioner Nora Williams =A t Commissioner Murray Nelson YES _ BOARD OF COUNTY MISSIONERS MONROE COUNTY, DA BY: yet 1 MAYOR/CHAIR PERSON (SEAL) ATTEST: DANNY 1. KOLHAGE. CLERK B Y : DEPUTY CLERK r IAPPROVED AS TO FORM G L- SLTFfi CY Uct 29 U4 09:58a James L Roberts Cc Rdmin 305-292-4544 jo.2 OWM 9ayor MurRY E. Nelson, District SS YNTY oMONROE Mayor Pro Tern David P. Rice, District 4 OCKWEST FLORIDA 33040 Dixie M Spehar, District 1 isosl 294 a5ai George Neugent, District 2 Charles "Sonny" McCoy, District 3 Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West, FL 33040 (305) 292-4441 — phone (305) 292-4544 - Pax A MEMORANDUM TO: Danny L. Kolhage Clerk of the Circuit Courts FROM. James L. Roberts County Administrator SUBJECT: Absence of County Administrator DATE. August 25, 2004 1 will be out of town from 11:00 A.M. Friday, August 27, 2004, through 6:00 P.M. Tuesday, September 7, 2004. During the period of August 27 — August 29, Dent Pierce will have full authority to act on my behalf including approval of all fiscal documents and during the period of August 30 — September 7, Reggie Paros will have full authority to act on my behalf including approval of all fiscal documents. Very truly yours James L. Roberts County Administrator JLR: dlf cc: Mayor Nelson All Commissioners Richard Collins Division Directors Finance Purchasing ATTACHMENT B Comptroller Contract Payment Requirements Department of Financial Services, Bureau of Accounting and 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 112.061, 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. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (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. 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 $500,000 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 of 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 $500,000 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 $500,000 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 (i.e., 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 non -state 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 $500,000 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 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, other state agencies, and other non -state entities. State financial assistance does not Page 1 of 3 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 $500,000 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 $500,000 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 (i.e., 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 There are no other audit requirements. 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 the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 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. 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 letter issued by the auditor, to the Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Page 2 of 3 Copies of financial reporting packages required by PART H of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 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 directly to: The Commission the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 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 OMB 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 OMB 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. Contact the Commission's Audit Director by phone at (850) 488-6068. 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 3 of 3 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: Florida Fish and Wildlife Conservation Commission State Program: Florida Boating Improvement Program CSFA No.: 77.006 Recipient: Monroe County Board of County Commissioners Amount: $37,500.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Project activities must occur on public lands owned outright or managed under agreement with another party with lease terms exceeding 20 years. 2. Project activities must not create a boating safety hazard and/or increase the potential for damage to natural resources. 3. Recipient must comply with the Policies and Guidelines (Interim) of the Florida Boating Improvement Program. 4. Recipient must comply with all Commission rules, policies and procedures as well as all other state and federal rules. 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 1 of 1 ATTACHMENT D I, representing FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM CERTIFICATION OF COMPLETION STATEMENT (Print Name and Title) (Name of Local Government) do hereby certify under penalties of periury per s. 216.349, Florida Statutes, that the Florida Boating Improvement Program project funded by FWC Contract No. has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project. (Signature) (Date) STATE OF FLORIDA, COUNTY OF ( Personally appeared before me this day of , 200_, who subscribed and swore to the above instrument in my presence. Notary Public Name: My commission expires: (SEAL) CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above -named project has been satisfactorily completed under the terms of the Agreement. Division: By: Name: Title: Date: ATTACHMENT E FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284. Due by the 15`h of each month FWC Contract # Project Title: 1. Describe tasks completed this month: 2. List deliverables provided to FWC this month: Month/Year: 3. List tasks scheduled to be completed during next month: 4. Is project currently on schedule for completion by December 31, 2005? YES NO (If No, please explain any problems encountered and/or possible delays) Project Manager Date Page 1 of 1