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Agenda 05/24/2011 Item #16D 65/24/2011 Item 16.D.6. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute an amendment to the Florida Boating Improvement Program (FBIP) Grant extending the completion date of the Bayview Park Improvement Project. OBJECTIVE: To approve and authorize the Chairman to execute an amendment to the Florida Boating Improvement Program Grant (FBIP) in association with the Bayview Park Capital Improvement Project. CONSIDERATIONS: On May 13, 2008, the BCC approved the Florida Boating Improvement Program (FBIP) Grant Application for the Bayview Park Capital Improvement Project. On July 25, 2008, staff was notified by the Florida Fish and Wildlife Conservation Commission (FWC) that their grant application was successfully selected and the Grant was awarded in the amount of $400,000.00. Upon receipt of the agreement, one of the stipulated conditions required that Phase I of the project be completed before June 15, 2010. Phase I of the project consisted of the following: Replacement of the seawall, boat ramp expansion, new floating boat dock, and a new fixed boat dock. However, the commencement of the Phase I construction was delayed due to permitting requirements, seasonal weather conditions, and contractual procurement requirements. Prior to the commencement of construction as a result of the above extenuating circumstances, staff requested an extension of time and was granted conditional approval by the State subject to the execution of an Amendment to the FBIP Grant. The commencement of construction on Phase I occurred on October 4, 2010 and was completed on December 31, 2010. Therefore, to fulfill the remaining obligations of the conditional time extension approval, staff is requesting the approval and execution of the required Bayview Park Improvement Project (FBIP) Grant Amendment. The State provided the attached Amendment to the County on or about April 11, 2011. FISCAL IMPACT: This project is currently being funded with Parks and Recreation Impact Fee Fund (346) for the growth - related items and Parks and Recreation (Ad Valorem) Capital Fund (306) for the seawall replacement, Project number 80060 ( Bayview Park Improvements Project). GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth Management Plan Objective 1.3, Policy 1.3.2, to ensure that access to waterways remains available to the general public. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG Packet Page -1503- 5/24/2011 Item 16.D.6. RECOMMENDATION: To approve and authorize the Chairmen to execute an amendment to the Florida Boating Improvement Program Grant (FBIP) in association with the Bayview Park Capital Improvement Project extending the completion date of the Bayview Park Improvement Project Phase I construction. PREPARED BY: Clint Perryman, Project Manager, CZM Department Packet Page -1504- 5/24/2011 Item 16.D.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6. Item Summary: Recommendation to approve and authorize the Chairman to execute an amendment to the Florida Boating Improvement Program (FBIP) Grant extending the completion date of the Bayview Park Improvement Project. Meeting Date: 5/24/2011 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 4/29/2011 9:56:35 AM Submitted by Title: Project Manager,Coastal Zone Management Name: PerrymanClinton 4/29/2011 9:56:36 AM Approved By Name: McAlpinGary Title: Director - Coastal Management Programs,Coastal Zone Management Date: 4/29/2011 12:45:27 PM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 5/2/2011 2:16:10 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 5/5/2011 8:23:34 AM Name: RamseyMarla Title: Administrator, Public Services Date: 5/5/2011 3:59:30 PM Packet Page -1505- Name: KlatzkowJeff Title: County Attorney, Date: 5/6/2011 1:54:56 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/16/2011 8:46:41 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/16/2011 1:05:44 PM Name: OchsLeo Title: County Manager Date: 5/17/20113:31:24 PM Packet Page -1506- 5/24/2011 Item 16.D.6. 5/24/2011 Item 16.D.6. FWC Contras,..... AMENDMENT NO. 1 TO AGREEMENT This AMENDMENT TO AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ( "COMMISSION ") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ( "GRANTEE"), and amends that Agreement entered into between the COMMISSION and the GRANTEE dated November 13, 2008, and hereinafter referred to as the "ORIGINAL AGREEMENT ". IN CONSIDERATION of the mutual covenants and conditions set forth herein and in the ORIGINAL AGREEMENT, the parties agree to amend the ORIGINAL AGREEMENT as follows, which amendments shall govern to the exclusion of any provision of the ORIGINAL AGREEMENT to the contrary: 1. Paragraph 22 of the ORIGINAL AGREEMENT is hereby amended to read as follows: TERM OF AGREEMENT: This Agreement shall begin upon execution by both parties and end June 30, 2031, inclusive. However, the GRANTEE shall complete all Phase 1 project services on or before June 30, 2011. 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. 2. No funds in addition to those provided for in the ORIGINAL AGREEMENT are authorized or allocated by this AMENDMENT TO AGREEMENT. All provisions of the ORIGINAL AGREEMENT not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT TO AGREEMENT on the date and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Chairman, or designee Date Approved as to form and legality: Grantee Attorney' DWIGHT E. SROCII� Page 1 of 1 Packet Page -1507- r FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Executive Director, or designee Date Approved as to form and legality: y;. FWC Attorneyy s