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HomeMy WebLinkAbout10132008Specialcrrv ~ ~~~~ 1~~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA SPECIAL MEETING MONDAY, OCTOBER 13, 2008 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -time limit five minutes where public input allowed CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. SPECIAL MEETING ITEMS 08.112 A. Consider Contract with Attorney Robert A. Ginsburg as Interim City Attorney (Interim City Attorney Proposed Contract) 08.112 B. Discuss Recruitment for City Attorney (City Manager Memo) 08.113 C. Authorize City Manager to Execute Florida Fish and Wildlife Conservation 113-136 Commission Grant Agreement for Main Street Launching Facility Project in the Amount of $425,291 (City Manager Transmittal, Letter, Grant Agreement) 5. ADJOURNMENT City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS /S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. TO: Members of the Sebastian City Council FROM: AI Minner, City Manager RE: CITY ATTORNEY MATTER AND RECOMMENDATIONS DATE: Thursday, October 9, 2008 In an effort to assist Council in the recruitment of a new City Attorney, this memo has been prepared to inform, advise and make recommendations on the process to come. Please accept this memo in the sprit of assistance to help Council move the organization forward in a positive and professional manner. SEPARATION UPDATE Debbie Krueger and Ken Killgore have reviewed the exempt policies and Mr. Rich Stringer's employment contract and have calculated a severance payout of $65,857.49. This amount is itemized as follows: ITEM AMOUNT Severance Pay - 2 Montn ($117,o3a.13~12x2) $19,505.69 VacatlOn - 91.052 Hours @ $56.2664 Per Hour 5,123.17 Slck Leave - 503.357 Hours @ $56.2664 Per Hour 28,322.09 Current Pay - a days 3,579.09 Subtotal 56,530.04 16.5% Retirement 9,327.45 ESTIMATED TOTAL PAY-OUT ~ $65,857.49 NOTE: The "Current Payout" reflects payment for FY 08 and FY 09 earnings as October 1 marks the fiscal year and the COLA adjustments. Also, this is an estimated payout, as the computer system will incorporate pro-ratio for accrued sick and vacation time earned during the current pay period. This severance payment will be paid to Mr. Stringer in two checks on the next payroll day of Friday, October 17, 2008. At Mr. Stringer's request, I will authorize one check for severance pay and the other check for accrued benefits. Should you have any question about this information, please contact me at your convenience, prior to the end of next week. MOVING FORWARD Sally Maio has already established a Special Meeting for Monday, October 13, 2008. The agenda and notification for said meeting would be published tomorrow. The agenda will first consider an Interim City Attorney contract with Mr. Robert A. Ginsburg. Second, the meeting establishes a period for Council to discuss the City Attorney recruitment process. Finally, I am taking the liberty to agendize the FWS Grant Agreement for the Indian River Drive/Main Street Project. In moving forward with the recruitment, the process can be broken down into 4 phases. First, hiring and placement of an Interim City Attorney. Second, advertising the position of City Attorney. Third Review/Interview/Selection of the City Attorney. Finally, approval of an employment agreement and starting date of the new employee. It is reasonable to expect the process to take between 90 -180 days. In fact, 90 days for the replacement of such a position is a fast track. PHASE 1 -HIRING AN INTERIM ATTORNEY (OCTOBER 13T" -DAY 1) To move the process quickly forward, I have taken the liberty, as directed by Council at the October 8, 2008 meeting to contact Mr. Robert A. Ginsburg. As you know, Mr. Ginsburg is a widely respected municipal attorney, currently serving as our Special Magistrate. Mr. Ginsburg and I had an initial conversation earlier today and he indicated that he would help the City of Sebastian in this interim period. To further that endeavor, I have prepared and attached a "proposed agreement" for legal services. I have not presented this document to Mr. Ginsburg. I think it will be helpful to have this document in place for the meeting on Monday for the parties to amend, modify and agree. Please provide any feedback or input you have. The basic concept was to have Mr. Ginsburg available for staff for 10 hours per week, present at Council and other meetings and assisting in our current major issues (ISBA, Fellsmere and the Comprehensive Plan). The proposed compensation is a plan that provides those basics services and conserves financial resources. Essentially the agreement allots $75 per hour for 60 hours per month, plus $400/monthly expense allowance -payable in bi-weekly installments. Again, I have not presented these figures to Mr. Ginsburg, I will be in touch with him tomorrow to inform/iron-out some of the agreement concepts. Of course all items are contingent on final Council approval. PHASE 2 ADVERTISING AND RECRUITMENT (OCT 13 /NOV 14 -DAY 30) There are several recruitment schools of thought. Professional head hunting firms can be used, which generally require an RFP process. Cost for such search can range from $10,000 - $25,000. Advantages to these searches are more detailed interview materials/preparation, background checks, and deeper applicant pools. On the other side of the coin the consideration is additional time and cost. Further, I also have confidence that with Sally Maio, Debbie Krueger and myself, your existing staff can organize and execute a good search in short order at no cost. This is just an item/idea to consider. On Friday, I will present Council with a draft advertisement. Upon your approval it can be submitted into the work place. Suggestions for advertisement are the International City Management Association Newsletter, Florida League of Cities Data Gram, Florida Bar Publications and other legal periodicals. Please note that athirty-day recruitment period is necessary to generate enough time to gather applicants. Also, a running time line can occur as highly qualified applicants apply. PHASE 3 -REVIEW OF APPLICANTS (LATE NOV/EARLY DEC -DAY 45) Even if every effort is made to start the recruitment process now, the City Council election is only 26 days away. As such it can be considered a conclusion that the attorney recruitment process will end with the next Council. Nevertheless, the next step is a process similar to the previous City Manager or Special Magistrate searches; whereby resumes are forwarded to Council, ranked publicly and invitation to interview are scheduled. Because this is a formal charter position, I would recommend an extend period for interviews, community introduction of candidates and final selection. With a potential deadline for applications of November 14th, Thanksgiving holidays may interfere with the interview process. Hence, formal interview may be scheduled for late November-early December. PHASE 4 -FINAL SELECTION (DAY 55) The culminating event is obviously Council appointment and contract ratification. A potential target date for contract approval may the December Regular Meeting of Wednesday, December 10, 2008. After contract ratification, the applicant may need to provide at least 30 days notice to a current employer, enabling a new Attorney to start sometime in January 2009. START DATE TARGET -JANUARY 12, 2009 (DAY 90) Below is a chart that summarizes the above target actions and dates. EVENT Interim Hire Recruitment Advertisement Candidate Screening Formal Interview Process Employment Agreement Approval State Date TARGET DATES October 13, 2008 October 13 -November 14 November 14 -November 30 December 1 -December 10 December 10 January 10, 2009 CLOSING Again, this memo is presented in the spirit of assisting Council move forward in the recruitment of anew City Attorney. The dates and concepts are providing to guide Council and give talking points for the October 13, 2008 Special Meeting. It is my aim that this memo is of service to Council. As always, if you have any questions or comments, please contact me at your earliest convenience. AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT made and entered into this _ day of October 2008 by and between the City of Sebastian, a Florida municipal corporation (hereinafter referred to as "City") and Robert A. Ginsburg (hereinafter referred to as "Mr. Ginsburg") pursuant to the following terms and conditions. WHEREAS, the City desires to retain Mr. Ginsburg as Interim City Attorney of the City of Sebastian; and WHEREAS, the City expects Mr. Ginsburg to perform all the responsibilities and obligations required as Interim City Attorney, as illustrated in Section III of this Agreement and pursuant to the City Charter, Codes and Ordinances and applicable State and Federal regulations; and, WHEREAS, Mr. Ginsburg is willing to enter into an interim relationship with the City of Sebastian to perform the services as provided; NOW THEREFORE in consideration of the mutual covenants contained herein, the City and Mr. Ginsburg, hereby agree as follows: APPOINTMENT The City hereby appoints Mr. Ginsburg as the Interim City Attorney of the City of Sebastian effective as of the date of this Agreement. TERM OF AGREEMENT The intent of this Agreement is for the City to receive legal services until such time that the City retains the service of a City Attorney. The term of this Agreement will continue until either party terminates the Agreement with written notice. Written notice from the City will be presented by the City Manager as an authorized agent of the City and after such action as been directed by the City Council. III. DUTIES OF THE INTERIM CITY ATTORNEY It is understood that Mr. Ginsburg has been retained to act as a part-time, independent, Interim City Attorney to provide general legal representation to the City as prescribed by the City Charter. These duties include providing legal services to the City Council and functioning as legal counsel to the City Clerk and City Manager at their request. This mission will include, representation in the areas of general local government law, employment law, land use law, real property law, environmental law, election law and constitutional law. Specific duty illustration may include: 1. Attendance at Regular and Special Meetings of the City Council and attendance at the meetings of the Planning and Zoning Commission. 2. Attendance and representation of the City atquasi-judicial board meetings other than City Council meetings. 3. Providing legal advise on general matters of the City to members of the City Council. 4. Conducting 10 office hours per week at City Hall for the purpose of advising the City Clerk, City Manager and other Department Head staff on general legal matters that arise while conducting the day-to-day operations of the City. The City shall provide secretarial, office space, equipment and other administrative support in this function. Said office hours may be established by mutual consent of Mr. Ginsburg, City Clerk and City Manager. 5. Mr. Ginsburg recognizes that specific legal support is required to assist in on-going projects and will provide assistance to the City for: a. Comprehensive Plan Up-date and associated meetings; and b. Indian River County - Interlocal Service Boundary Agreement (ISBA) and associated meetings; and, c. Assistance with on-going City of Fellsmere land use litigation and Department of Community Affairs petitions, protests or like matters. 6. Drafting and executing other resolutions, ordinances, agreements, contracts and other legal documents as required by the City Council, City Clerk and City Manager. 7. Serving as a member of the City Finance Committee, which has oversight for the investment of City Funds. 8. Administrating the City's general liability claims. 9. Other matters that are deemed mutually agreeable between the parties that are not provided above. IV. COMPENSATION The City will compensate Mr. Ginsburg at a rate of one thousand two hundred and fifty dollars ($1,250) per week, payable in bi-weekly increments. This compensation includes costs that are incidental to the position such as travel, per diem and other out-of pocket expenses. V. SPECIAL MAGISTRATE DUTIES This existing agreement between Mr. Ginsburg and the City for Special Magistrate services shall remain in full force and effect. VI. INDEMNIFICATION Subject to any limitation imposed by Florida law, the City shall defend, save harmless and indemnify Mr. Ginsburg against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring out of Mr. Ginsburg's acting within the course and scope of his duties as Interim City Attorney. VII. GOVERNING LAW The Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. VIII. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. IX. ENTIRE AGREEMENT The Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement, not withstanding Section V herein. X. NOTICES All notices consents, requests, instruction, approvals and other communications provided for herein shall be validly given, made or served in writing and delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated address: To the Employer: City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 With Copy to: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 To Interim City Attorney: XI. ENFORCEMENT Robert A. Ginsburg 5415 25th Place Vero Beach, Florida 32966 In the event that it should become necessary for either party to retain the services of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including but not limited to a reasonable attorney's fee. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting its asserts specific contentions concerning the Agreement which are filed upon the Court. IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and Robert A. Ginsburg has executed this Agreement, as of the day and year first above written. CITY OF SEBASTIAN, A Florida municipal corporation Andrea B. Coy, Mayor ATTEST: Robert A. Ginsburg Sally Maio, MMC City Clerk ll7Y OF ----~ ~._.~~~. HOME OF PELICAN ISLAND Subject: Grant Agreement/Main Agenda No. Q~ , l ~3 Street Public Launching Facility Department Origin: Ap rov for Submittal by: City F nc jD pt.: M na ~ i ~. Date Submitted: 10/01/08 ~ er, City Manager For Agenda of: 10/08/08 /~ Exhibits: Florida Boating Improvement Program (FBIP) Grant Agreement (Main Street Public Launching Facility) EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION N/A REQUIRED: N/A SUMMARY Staff is pleased to report that the City of Sebastian is in receipt of a Grant Agreement between the Florida Fish and Wildlife Conservation Commission for the FY 08/09 Florida Boating Improvement Program grant award for the Main Street Public Launching Facility Project. As stipulated in the Grant Agreement, reimbursement will be on a cost reimbursement basis in an amount not to exceed $425,291.00. RECOMMENDED ACTION Move to approve and authorize the City Manager to execute the Grant Agreement between the Florida Fish and Wildlife Conservation Commission and the City of Sebastian for the FY 08/09 Florida Boating Improvement Program grant award in the amount of $425,291.00 for the Main Street Launching Facility Project. ~~3 F~SN ANp O'er. ~sr%'~ ,... ;~~~G LL ~ '4 m J O ~~ ~' ` 2 O ~ ( O Z N { ~' ~'~`~l,:a•, ~': 'qtr gT~oN co Florida Fish September 25, 2008 and Wildlife Conservatiori Commission Alfred Minner, City Manager City of Sebastian Commissioners Rodney Barreto 1225 Main Street Chair Sebastian, Florida 32958 Miami Brian S. Yablonski Vice-Chair IZE: Contract No. 08092 Tallahassee Florida Boating Improvement Program (FBIP) Grant Agreement Kathy Barco Main Street Public Launchin Facilit g Y Jacksonville Ronald M. Bergeron Fort Lauderdale Dear Mr. Minner: Richard A. Corbett Tampa Enclosed are three (3) originals of the Grant Agreement for the FY 08/09 FBIP Dwight Stephenson Delray Beach grant award to the City of Sebastian. Please have the Grant Agreement Kenneth W. Wright reviewed, signed by the authorized designee and return all originals to me. Winter Park Upon full execution, an original will be returned to your office. Executive Staff If you have any questions or need further information, please do not hesitate to Kenneth D. Haddad give me a call at (850) 410-0656, Ext. 17127 ore-mail me at Executive Director Susanna.Stephens@MyFWC.com or Tim Woody, Ext. 17173, a-mail Nick Wiley Assistant Executive Tim.Woody@MyFWC. Director Karen Ventimiglia Sincerely, Deputy Chief of Staff Division of Law Enforcement Susanna Stephens, Program Administrator Colonel Julie Jones Director Florida Boating Improvement Program (850) 488-6251 Boating and Waterways Section (850) 921-6453 FAX ISS Enclosures Managing fish and wildlife resources for their long- term well-being and the benefit of people. 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: (850) 488-4676 Hearing speech impaired: (800) 955-8771 (T) 't~ (800) 955-8770 (V} MyFWC.com i~~ FWC Contract No. 08092 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 CITY OF SEBASTIAN whose address is 1225 Main Street, Sebastian, Florida 32958, hereafter "GRANTEE" to conduct a two phase project entitled Main Street Public Launching Facility, 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: GRANTEE ELIGIBILITY 1. 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. 2. 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. SCOPE OF SERVICES 3. It is understood and agreed that this Agreement shall consist of two phases: Phase I -Project Construction, and Phase Il -Project Management. During Phase I the GRANTEE shall complete the project, as described in Attachment A, Scope of Work, attached hereto and made a part hereof, and Florida Boating Improvement Program (FBIP) Grant Application No. 08-016, incorporated herein by reference. All Phase I activities must be completed during the time span provided herein for that portion of the Agreement. During Phase II the parties shall cooperate in the ongoing and continuous management of the Project under the terms and conditions provided herein. 4. 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. 5. 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. 6. 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. Page 1 of 10 ~i~ FWC Contract No. 08092 7. The GRANTEE shall commence work on Phase I of the Project within six (6) months of execution of the Agreement. Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and may result in termination of the Agreement by the COMMISSION. 8. 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. The GRANTEE shall forward one copy of the bid tabulation to the COMMISSION's Program Administrator to ensure the requirements of Chapter 287, F.S., have been met. 9. The GRANTEE shall provide a draft of any study or brochure to be produced with grant funds to the COMMISSION for approval prior to final printing and submission for payment. Further, at least 21 days prior to printing 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. 10. The GRANTEE agrees not to proceed with Phase I construction until all necessary permits are obtained. 11. The GRANTEE, at its expense, shall purchase, erect and maintain a permanent sign, not less than four (4) feet by six (6) 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. 12. 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. 13. 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. 14. For Phase II of this Agreement, which shall include the entire term of the Agreement, the GRANTEE shall provide and be responsible for any and all costs associated with ordinary and routine operations and maintenance of the Project, including any and all personnel, equipment or service and supplies costs beyond the costs approved for reimbursement in Phase I of this Agreement. 15. The GRANTEE shall allow unencumbered access to the Project site to the COMMISSION, its employees or agent for the duration of the Agreement for the purpose of site visit or inspection to verify the facility is being maintained, in operation and is open and available to the public. As part of the inspection, the COMMISSION may request maintenance and use information from the GRANTEE to validate the condition of the facility. iii Page 2 of 10 FWC Contract No. 08092 REPORTING REQUIREMENTS 16. The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of Phase I 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, Attachment B, attached hereto and made a part hereof, and due to the COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion is submitted. 17. During Phase I, the GRANTEE shalt 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. Upon completion of Phase I, the Project Manager for the GRANTEE shall sign a Certification of Completion form, Attachment C, attached hereto and made a part hereof, that certifies Phase I of the Project was completed in accordance with the prepared plans and specifications and the terms of this Agreement. PROJECT INSPECTION 19. The COMMISSION may, inspect the Project site prior to and during the construction of the Project. The GRANTEE shall notify the COMMISSION's Program Administrator when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice. The COMMISSION's Program Administrator, or designee, shall inspect the work accomplished on the Project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. SITE DEDICATION 20. The GRANTEE agrees that land owned by the GRANTEE that is developed with Program funds shall be dedicated for a minimum of twenty (20) years as a site for the use and benefit of the public. The dedication shall be recorded in public property records by the GRANTEE. Land under control other than by ownership by the GRANTEE (i.e. lease, management agreement, cooperative agreement, interlocal agreement or other similar instrument) and developed with Program funds shall be managed by the GRANTEE for a minimum period of twenty (20) years from the completion date set forth in the Project Certification of Completion (Attachment C). Title to all improvements shall be retained by the GRANTEE upon final payment by the COMMISSION. 21. Should the GRANTEE, within the 20-year period set forth above, convert all or any part of the Project to other than COMMISSION approved uses, the GRANTEE shall replace the area, facilities, resource or site at its own expense with a project acceptable to the COMMISSION of comparable scope and quality. In the event the Project is converted to use for other purposes during this period and not replaced with a like project acceptable to the COMMISSION, the GRANTEE agrees to return to the COMMISSION all funds tendered for the original Project. TERM OF AGREEMENT 22. This Agreement shall begin upon execution by both parties and end June 15, 2030, inclusive. However, the GRANTEE shall complete all Phase I project services on or before June 15, 2010. 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. Page3of10 FWC Contract No. 08092 23. 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 24. For satisfactory completion of Phase I of the Project, Main Street Public Launching Facility, 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 $ 425,291. 25. The maximum amount of compensation shown in paragraph 24 is based on the GRANTEE's estimated total project cost of $1,697,857 in FB/P Grant Application No. 08-016. tf the actual cost of the project is less than the estimated total project cost, compensation by the COMMISSION shall not exceed 25% of the actual total project cost. PAYMENTS 26. 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 30 days after completion of Phase I of the Project. The invoice shall include the FWC Contract Number and the Grantee's Federal Employer Identification (FEID) Number and should be in a format similar to Attachment D, sample invoice form. An original and three (3) 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. 27. Program funds shall be disbursed to the GRANTEE only after pre-approved phase or final completion of Phase I 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. 28. No travel expenses are authorized under the terms of this Agreement. 29. 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 E. 30. The COMMISSION shall have 45 working days to inspect and approve goods and services. 31. Any Phase l 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. 32. 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. 33. 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 I ~~ Page 4 of 10 FWC Contract No. 08092 such use, and subject to the mutual agreement of the parties hereto, the Agreement shall be amended to include applicable Federal Requirements. 34. 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 35. 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. 36. The COMMISSION may terminate this Agreement at any time with or without cause by a written notice by certified mail, return receipt requested, from the COMMISSION to the GRANTEE. The GRANTEE will stop all work immediately upon receipt of the written notice. The COMMISSION will pay the GRANTEE in quantum meruit for the work that was satisfactorily completed prior to the date the notice of termination was received. 37. 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. TAXES 38. 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 39. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE City of Sebastian 1225 Main Street Sebastian, FL 32958 Phone: (772) 589-5330 Fax: (772) 388-8248 Email: aminner _citxofsebastian.org Attn: Alfred Minner, 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) 488-5600 Fax: (850) 488-9284 Email: fbip(a~MyFWC.com Attn: Susanna Stephens, Program Administrator 40. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein Page 5 of 10 ~zl FWC Contract No. 08092 contained shall be valid unless in writing and lawfully executed by the parties. 41. 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 42. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 43. 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. 44. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 45. 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 tatter'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. 46. Empioyers 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. 47. 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 48. 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. ILZ Page 6 of 10 FWC Contract No. 08092 RECORD KEEPING REQUIREMENTS 49. 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 50. 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 51. 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 52. 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. NON-ASSIGNMENT 53. This Agreement is an exclusive contract for services and may not be assigned in whole or in pan`. without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 54. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 55. 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 56. 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 Page 7 of 10 ~ ") 3 FWC Contract No. 08092 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 57. 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 58. 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 59. 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. FEDERAUFLORIDA SINGLE AUDIT ACTS REQUIREMENTS 60. 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 F, titled Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the Agreement, as applicable. 61. 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. RIGHTS IN PROPERTY COPYRIGHTS AND INVENTIONS 62. 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. 63. 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. 64. Regardless of title or ownership of the products and materials developed under this Agreement, the COMMISSION and the State of Florida shall reserve aroyalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is 1 ~~ Page 8 of 10 FWC Contract No. 08092 involved in support of this Agreement, the Federal Government shall also reserve aroyalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. ENTIRE AGREEMENT 65. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modificatioris 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 9 of 10 ~z5 FWC Contract No. 08092 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. CITY OF SEBASTIAN Mayor, or designee* Date Name (Print) Grantee Name Address City, State, and Zip Code Federal Employer Identification Number (FEID) Approved to form and legality: Grantee Attorney FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION executive Director, or designee uate List of attachments/exhibits included as part of this Agreement: Attachment A: Scope of Work Attachment B: Monthly progress report form Attachment C: Certification of Completion form Attachment D: Sample invoice form Attachment E: Comptroller Cost Reimbursement Requirements Attachment F: Federal/Florida Single Audit Act Requirements Exhibit 1: Funds awarded pursuant to agreement 'If someone other than the Mayor signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behaff of the local governing body must accompany the Agreement. I Z(o Page 10 of 10 FWC Contract # 08092 SCOPE OF WORK Sebastian Main Street Public Launching Facility INTRODUCTION ATTACHMENT A The purpose of the project is to construct additional boat trailer parking, provide amenities such as a public restroom facility and realign the access road to the launching facility to eliminate launching hazards. This project shall consist of two phases: Phase I -Project Construction, and Phase II -Project Management. During Phase I, the City of Sebastian (GRANTEE) shall complete the tasks in this scope of work. During Phase II, the GRANTEE and the Florida Fish and Wildlife Conservation Commission (COMMISSION) shall cooperate in the ongoing and continuous management of the Project for the term of the Agreement. TASKS During Phase I of the project, the GRANTEE shall be responsible for completion of the following tasks: Task 1 -Access Road Realign Indian River Drive to the west to direct non-boating traffic away from the ramp to increase public safety, using 228 yards of asphalt and porous turf block. Task 2 - Stormwater Facility Install stormwater treatment facilities. Task 3 -Parking Lot Reconstruct existing sand/gravel boat trailer parking lot to an asphalt and porous turf block lot that will provide 28 designated boat trailer spaces, including a staging area. Task 4 - Restrooms Construct a 300 square foot men's and women's public restroom that connects to the sanitary sewer lift station and County water to keep all wastewater off site. Task 5 - Signage Install educational kiosks with placards for Recreational Boating Safety, Manatee Protection Zone map, and Boater's Guide to the Indian River Lagoon. Task 6 -Acknowledgement Sign The GRANTEE, at its expense, shall purchase, erect and maintain a permanent sign, not less than four (4) feet by six (6) feet in size, displaying the COMMISSION's official logo identifying the COMMISSION as a funding source for the Project. REPORTS A. Monthly Activity Reports The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of Phase i 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 15« of each month until the Certification of Completion is submitted. Page 1 of 2 ~ Z~ FWC Contract # 08092 ATTACHMENT A B. Bid Package 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. The GRANTEE shall forward one copy of the bid tabulation to the COMMISSION'S Program Administrator to ensure the requirements of Chapter 287, F.S., have been met. C. Photographs During Phase I, 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. D. Certification of Completion Upon completion of Phase I, the engineer, architect or other appropriate professional for the GRANTEE shall sign a Certification of Completion form, provided by the COMMISSION, that certifies Phase I of the Project was completed in accordance with the prepared plans and specifications. INVOICES AND PAYMENTS For satisfactory completion of the above services, the COMMISSION agrees to pay the GRANTEE on a cost reimbursement basis an amount not to exceed $425,291. The GRANTEE shall submit a request for reimbursement, accompanied by the required reports, no later than 30 days following completion of Phase I. The request for reimbursement shall include the following: an invoice in a form similar to Attachment D, Sample Invoice Form; a signed Certification of Completion form, Attachment C; final photographs; required documents as described in Attachment E, Comptroller Contract Payment Requirements. ~Z$ Page 2 of 2 ATTACHMENT B 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. FWC Contract Grantee: Project Title: 1. Describe tasks completed this month: Reporting Period (Month/Year): (Due 15 days after the end of each month) 2. List deliverables provided to FWC this month: 3. List tasks scheduled to be completed during next month: 4. Is project currently on schedule for completion by June 15, 2010? YES NO (If No, please explain any problems encountered and/or possible delays) Project Manager Page I of l Date IZ9 ATTACHMENT C FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION • . FLORIDA BOATING IMPROVEMENT PROGRAM CERTIFICATION OF COMPLETION STATEMENT I, (Print Name and Title) representing (Name of Local Government) do hereby certify under penalties of perjury, as provided in s. 837.012, 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: Date: Name: 13o Title: ATTACHMENT D Billed to: Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399-1600 Dates of Service: FWC Contract #: Amount of Grant Award: $ Project start date: Project end date: Invoice Date: INVOICE PROJECT COSTS: Cost Items: Non-cash Amount In-kind service: Administration $ In-kind service: Project Management $ In-kind service: Other $ Cost Items: Cash expenditures Amount Total Project Cost: $ Grantee Matching Funds (non-cash + cash): - $ Amount for Reimbursement: $ I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Project Manager Page 1 of 1 Remit payment to: Grantee: FEID #: Address: Date: ti31 ATTACHMENT E 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. i 3~- Page 1 of 1 ATTACHMENT F 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 anon-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 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 $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 Il: 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) Page 1 of 3 X33 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 include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. to 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: 3~ Page2of3 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 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 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 direct) 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. 135 Page 3 of 3 FWC Contract # 08092 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: City of Sebastian Amount: $425,291 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. 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 Florida Boating Improvement Program Guidelines, January 2008. 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. ~3~