HomeMy WebLinkAboutFL Boating Improvement Prog - Grant AgreementFWC 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 II -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.
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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.
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.
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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 shall provide progress and final photographs of any construction
project documenting satisfactory progress and completion prior to requesting payment from the
COMMISSION. Final photographs shall be submitted with the Certification of Completion form.
18. 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.
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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 FBIP Grant Application No. 08-016. If 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 I 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
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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: aminnerCc~cityofsebastian.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
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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. 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.
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.
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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 part
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
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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.
FEDERAL/FLORIDA 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
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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.)
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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
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
cK ~
Executive Director, or designee
Date
Al Minner
Name (Print)
City of Sebastian
Grantee Name
1225 Main Street
Address
Sebastian, FL 32958
City, State, and Zip Code
Federal Employer Identification Number (FEID)
Approved to form and legality:
~~
Grantee Attorney
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 behalf of the local governing body must accompany the Agreement.
ATTE
Sally A. io, MM
City Cl Page 10 of 10
~o-~~-08
Date
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 fo-lowing 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 - SiQna4e
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 15th of each month until the Certification of
Completion is submitted.
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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.
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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 #
Reporting Period (Month/Year):
(Due 15 days after the end of each month)
Grantee:
Project Title:
1. Describe tasks completed this 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
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Date
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
Date:
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:
ATTACHMENT D
INVOICE
Billed to:
Fish and Wildlife Conservation Commission
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, Florida 32399-1600
Remit payment to:
Grantee:
FEID #:
Address:
Dates of Service:
FWC Contract #:
Amount of Grant Award: $
Project start date:
Project end date:
Invoice Date:
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
Date:
Page 1 of 1
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
properly 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.
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 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)
Page 1 of 3
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.
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:
Page 2 of 3
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 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
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 AWARDFJ~
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.
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 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.
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Florida Fish
and Wildlife
Conservation
Commission
Commissioners
Rodney Barreto
Chair
Miami
Brian S. Yablonski
Vice-Chair
Tallahassee
Kathy Barco
Jacksonville
Ronald M. Bergeron
Fort Lauderdale
Richard A. Corbett
Tampa
Dwight Stephenson
Delray Beach
Kenneth W. Wright
Winter Park
October 22, 2008
Alfred Minner, City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: Contract No. 08092
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Florida Boating Improvement Program (FBIP) Grant Agreement
Main Street Public Launching Facility
Dear Mr. Minner:
Enclosed is an original of the executed Grant Agreement for the FBIP project
Main Street Public Launching Facility, effective October 21, 2008. Also
enclosed is a Monthly Project Progress Report form to use for submitting
monthly activity reports outlining the progress of the project pursuant to the
Scope of Services of the Grant Agreement.
Executive Staff
Kenneth D. Haddad We look forward to working with you on this project. If we can be of any
Executive Director assistance, please do not hesitate to give me a call at (850) 410-0656 extension
Nick Wiley
Assistant Executive 17127 or email me at Susanna.Stephens@MyFWC.com or email Mr. Tim
Director Woody at Tim.Wood.~yFWC.com.
Karen Ventimiglia
Deputy Chief of Staff
Sincerely,
Division of Law
Enforcement
Colonel Julie Jones
Director Susanna Stephens, Program Administrator
(850) 488-6251 Florida Boating Improvement Program
(850) 921-6453 FAX Boating and Waterways Section
/ss
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)
(800) 955-8770 (V)
MyFWC.com
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee, FI, 32399-1600 or fax to (850) 488-9284.
FWC Contract #
Grantee:
Project
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 1 of 1
Date