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Agenda 10/28/2008 Item #16D14 Agenda Item No. 16D14 October 28, 2008 Page 1 of 22 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve all necessary budget amendments and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant Agreement Contract No. 08064 for a Recreational Boating Characterization Study to the Coastal Zone Management Department that will provide grant funds in the amount of $80,000. OBJECTIVE: To secure a $80,000 Florida Fish and Wildlife Commission/Florida Boating Improvement grant which would fund a Recreational Boating Characterization Study. CONSIDERATIONS: A boater characterization study in Collier County would have several practical applications for future management decisions and would help address several boating issues. These include; 1. Potential location of boating access points 2. Identification of boating access hot spots 3. Establishing resource protection measures 4. Identifying potential user conflicts 5. Developing education programs Data collected will assist resource managers and educators to develop new programs and/or enhance existing ones that will help provide solutions for boating issues identified in the study. This can include assessing current management efforts, implementing future management plans, and/or focusing extension efforts and developing products to enhance boating experiences and promote stewardship. ...- FISCAL IMPACT: A budget amendment is required to recognize grant revenue totaling $80,000 and set up the corresponding expense appropriation within Natural Resources Grant Fund (117). This grant requires a $10,000 local match which is funded within Coastal Zone Management Fund (111). This budgeted match will be transferred to the appropriate project designation within Natural Resources Grant Fund (117). GROWTH MANAGEMENT IMPACT: The Boater Characterization Study supports Objective 7.4 of County Growth Management Plan. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item. It is legally sufficient for Board action. - CMG RECOMMENDA TION: Recommendation for the Board of County Commissioners to approve all neccassary budget admendments and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant Agreement Contract No. 08064 for a Recreational Boating Characterization Study to the Coastal Zone Management Department that, if approved, will provide grant funds in the amount of $80,000. PREPARED BY: Pamela Keyes, Environmental Specialist, Coastal Zone Management Department ...- Page ] of ] Agenda Item No. 16014 October 28,2008 Page 2 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D14 Meeting Date: Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant Agreement Contract No, 08064 for a Recreational Boating Characterization Study to the Coastal Zone Management Department that will provide grant funds in the amount of $80,000, 10128/2008 9:00:00 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 10/9/2008 1 :50 PM Approved By Gary McAlpin Costal Project Manager Date Public Services Coastal Zone Management 10110/2008 3:21 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 10/10/2008 3:58 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 10/10/20085:02 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 10/14/20089:59 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 10/16/20088:37 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10/21120084:12 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/22/20089:32 AM file://C:\AgendaTest\Export\] ] 5-0ctober%2028, %202008\] 6. %20CONSENT%20AGEN... 10/22/2008 . .., . Agenda Item No. 16014 October 28, 2008 Page 3 of 22 FWC Contract No. 08064 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 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is 3300 Santa Barbara Boulevard, Naples, Florida 34116, hereafter "GRANTEE" to conduct a project entitled Recreational Boating Characterization Study, 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. 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. 2. 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. SCOPE OF SERVICES 3. The GRANTEE shall implement and complete the project proposal as described in Attachment A, Scope of Work, attached hereto and made a part hereof, and Florida Boating Improvement Program (FBIP) Grant Application No. 08-020, incorporated herein by reference. All project activities must be completed during the time span provided herein for that portion of the Agreement. 4. The GRANTEE shall commence work on the Project within 90 days of execution of the Agreement. Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and result in termination of the Agreement by the COMMISSION. 5. 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. 6. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project, including any construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. ,- 7. The GRANTEE shall forward one copy of the bid tabulation to the COMMISSION's Program Administrator for review prior to purchase of any commodities or services with a cost in excess of $2,500.00. The COMMISSION's Program Administrator shall have 10 working days for review. This review shall ensure that the GRANTEE was in compliance of Chapter 287, F.S. 8. 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 Page 1 of 9 Agenda Item No. 16014 October 28, 2008 Page 4 of 22 FWC Contract No. 08064 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. 9. The GRANTEE shall provide a draft of any study or brochure to be produced 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, at its expense, shall provide some manner of acknowledgement, approved by the COMMISSION, identifying the COMMISSION as a funding source for the Project. Failure by the GRANTEE to provide such acknowledgement shall be considered a breach of the Agreement. 11. If applicable, all engineering must be completed by a professional engineer or architect registered in the State of Florida. All work must meet or exceed minimum design standards and guidelines established by all applicable local, state and federal laws. REPORTING REQUIREMENTS 12. The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the form provided by the COMMISSION, 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. 13. Upon completion of the Project, the Project Manager for the GRANTEE shall sign a Certification of Completion form, Attachment C, attached hereto and made a part hereof, that certifies the Project was completed in accordance with the Project Proposal and the terms of this Agreement. TERM OF AGREEMENT 14. This Agreement shall begin upon execution by both parties and end September 30, 2009, inclusive. The GRANTEE shall not be eligible for reimbursement for ,services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. 15. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval. Failure to execute this Agreement shall render the award of funds null and void, and shall result in termination of this Agreement. COMPENSATION 16. For satisfactory completion of the project, entitled Recreational Boating Characterization Study, 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 $80,000. 17. As indicated in FBIP Grant Application #08-020, the GRANTEE has agreed to provide 56% of the estimated total project cost. If the actual cost of the project is less than the estimated total project cost, compensation by the COMMISSION shall be 44% of the actual total project cost. Page 2 of 9 Agenda Item No. 16014 October 28,2008 Page 5 of 22 FWC Contract No. 08064 PAYMENTS 18. 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 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. 19. Program funds shall be disbursed to the GRANTEE only after pre-approved phase or final completion of the Project occurs and work is verified by COMMISSION staff. Payment will be made only for documented and verified costs. The COMMISSION will not pre-approve or disburse any Program funds in advance. Failure to complete the Project and make final payment request to the COMMISSION within the stipulated period shall result in termination of this Agreement. Any funds not disbursed or expended by the end of the stipulated period are subject to the provisions of Chapter 216.301, Florida Statutes. 20. No travel expenses are authorized under the terms of this Agreement. 21. 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. 22. The COMMISSION shall have 45 working days to inspect and approve goods and services. 23. Any Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict any or all payment of Program funds pending correction of such deficiencies. 24. 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. 25. In order to make best use of the agency's resources, the COMMISSION reserves the right to utilize Federal funds for payments under this Agreement. In the event Federal funds become available for such use, and subject to the mutual agreement of the parties hereto, the Agreement shall be amended to include applicable Federal Requirements. 26. 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 Page 3 of 9 TERMINATION Agenda Item No. 16014 October 28, 2008 Page 6 of 22 FWC Contract No. 08064 27. 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. 28. 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. 29. 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 30. 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 31. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE Collier County Board of County Commissioners Division of Public Services Coastal Zone Management 3300 Santa Barbara Boulevard Naples, FL 34116 Phone: (239) 252-2980 Fax: (239) 530-6531 Email: pamelakeves@collierqov.net Attn: Pamela Keyes, 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@MvFWC.com Attn: Susanna Stephens, Program Administrator 32. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 33. 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 34. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. Page 4 of 9 Agenda Item No. 16014 October 28, 2008 Page 7 of 22 FWC Contract No. 08064 35. 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. 36. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 37. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 38. 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. 39. 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 40. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 41. 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. Page 5 of 9 Agenda Item No. 16014 October 28, 2008 Page 8 of 22 FWC Contract No. 08064 LIABILITY 42. 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 43. 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 44. 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-ASSIGNM ENT 45. 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 46. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 47. 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 ANO CHOICE OF VENUE 48. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRO PARTY RIGHTS 49. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party, Page 6 of 9 Agenda Item No. 16D14 October 28, 2008 Page 9 of 22 FWC Contract No. 08064 JURY TRIAL WAIVER 50. 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 51. Subject to satisfactory performance under this Agreement, the GRANTEE shall retain title and ownership to all non-expendable equipment costing $1,000 or more purchased by the GRANTEE for purposes of this Agreement. However, In the event the GRANTEE fails to satisfactorily complete the services required herein, the GRANTEE shall: a) return to the COMMISSION all equipment purchased with funds from this Agreement; or, b) reimburse the COMMISSION for.the cost of all equipment purchased with funds from this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 52. 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. 53. 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 54. 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. 55. 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. 56. Regardless of title or ownership of the products and materials developed under this Agreement, the COMMISSION and the State of Florida shall reserve a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is involved in support of this Agreement, the Federal Government shall also reserve a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. Page 7 of 9 Agenda Item No. 16014 October 28, 2008 Page 10 of 22 FWC Contract No. 08064 ENTIRE AGREEMENT 57. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. (Remainder of page intentionally left blank.) Page 8 of 9 Agenda Item No. 16014 October 28,2008 """r J ...,oj .r n,.." FWC Contract No. 08084 IN WITNESS WHEREOF, the patties hereto have causect this Agreement to be executed through their duly authorized slgnator1es on the day and year last written below. COLUERCOUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Chairman. or designee- Director, Division of Law Enforcement Date Date Name (Print) Grantee Name Address City, State, and Zip Code Federal Employer Identfftcatlon Number (FEID) Approved to form and legality: ca~ Ust of attachments/exhibits Included as part of this Agreement Attachment A: Al:tachment B: Altac:hment C: Attachment D: Attachment E: Attachment F: exhibit 1 : Scope of WorK Monthly progress report form Certification of Completion form Sample Invoice Form Comptroller Cost Reimbursement Requirements FederaUFlorida Single Audit AI;t Requirements Funds awarded pursuant to agreement "If torneOlllt other than the Chairman signa the AgIMInent, e AI8OIution, ltatement Of other document euthorillnt h polWOII tD lIi;n the Agl1llment on beb.l1f 01 the Iccalliloveming body m'* ec:c:ompllr\)' the AglMmert. Page 9 of 9 FWC Contract # 08064 Agenda Item No. 16014 October 28, 2008 ATTA~ENTrN22 SCOPE OF WORK Recreational Boating Characterization Study INTRODUCTION The purpose of this project is to complete a comprehensive characterization study of recreational boating on the coastal waters of Collier County. This study will describe boating habits, travel patterns, and preferences for using local waterways and infrastructure. Boaters using local boat ramps and marinas will be identified during field inventories and surveyed using questionnaires that will be mailed in three seasonal waves. Responses from returned questionnaires will be tabulated into a geographic information system database; and, the results will be turned into maps that can be compared with maps of waterways, infrastructure, natural resources and management zones. Data analysis will produce the following management oriented products and maps: 1) Boater characterizations by type of boating group; 2) analysis of perceived detractors and needs, 3) analysis of perceived areas of boating congestion, 4) analysis of preferred boating destinations and activities, 5) maps of on-the-water boat traffic patterns by season, type of boat, type of boater, and type of access facility; 6) landside service area analysis for access facilities, 7) relative boat ramp use comparison over the course of the study year. The information resulting from this project could be integrated into county planning efforts such as updates of the manatee protection plan. TASKS The GRANTEE shall be responsible for completion of the following tasks: Task 1 -Identify recreational boaters who use boatinQ access facilities in Collier County The identification of owners (names and mailing addresses) who keep their vessels at marina wet slips, dry storage facilities, at docks behind their waterfront homes, or who use a public boat ramp. This element will involve an inventory of vessels and the following tasks; A An inventory of vessels berthed in marina wet slips. This will involve the identification of (a) slip and dry storage capacities, (b) the numbers and types of vessels kept at marinas and dry storage facilities, and (c) bow numbers, or the name and hailing port from vessels kept at marinas and dry storage facilities. Bow numbers will be compared to vessel registration information to identify the names and mailing addresses of marina wet slip and dry storage patrons. Mailing addresses will be geocoded to map where boaters live relative to the marinas that they use. B. The identification of automobiles and trailers observed at prominent public boat ramps throughout the County, on sample days, over a one-year period. Automobile tag and vessel trailer tag data will be collected and compared to registration data to (a) generate seasonal use profiles for specific boat ramps, and (b) identify the names and mailing addresses of ramp users. Mailing addresses will be geocoded to identify general service areas for public boat ramps. C. The identification of single-family and multi-family waterfront residences that contain docks. Parcel ownership information (names and mailing addresses) will be compared with vessel registration ownership information to distinguish those waterfront parcels that are also associated with a boat. Task 2 - Conduct research surveys Implement three waves of mail surveys distributed throughout the course of one year to characterize seasonal use patterns. Names and mailing addresses obtained from element 1 will be used to mail a map-based mail survey to marina, ramp and residential dock patrons. Page 1 of 3 FWC Contract # 08064 Agenda Item No. 16D14 October 28, 2008 ATTA~Nl"C)( 22 A. The survey instrument to be developed for this study will be a two-sided, 22 X 34 inch questionnaire that folds to 8 Y2 X 11 inches. The questionnaire will allow survey recipients to mark on a map the waterway access site, travel routes, favorite destinations, and activities associated with their last two pleasure boating trips. The reverse side will consist of 25 questions divided into the following topical areas: 1. Description of last two pleasure boating trips (timing, frequency, duration of trips), 2. Description of vessels and access facilities used, 3. Description of the survey respondent, and 4. Open questions to identify perceived problems and needs. Task 3 - Process data from the returned surveys into a oeographic information system (GIS) A. Spatial information will be digitized 'on-screen' using a 1 :24,000 scale shoreline, Digital Orthophotograph Quarter Quadrangles (DOQQ) imagery, and the positions of marinas, ramps, navigation aids, and artificial reefs, as background themes, to enhance the accuracy of digitized data. The database structure will allow information from survey questions to be 'linked' to digitized spatial information by the use of the survey control number (ID), which uniquely identifies spatial and attribute information provided by each survey respondent. The product of this element will be a series of spatial data sets that identify (a) the home location of the boater, (b) the recreational trip departure site, (c) favorite trip destinations, (d) intervening travel routes, and (d) perceived areas of congestion. S. Trip departure sites and congested spots will be digitized as point features with each record coded with the survey control number and the trip number (Le., first or second trip). C. Favorite destinations will be digitized as point features and coded with the survey control number, the trip number (Le., first or second trip), and the activities that a respondent engaged in at each favorite destination. D. Travel routes will be digitized as line features and coded with survey control number, trip number (Le., first or second trip), round trip (or one way); if round trip, then the same route out and back, and whether or not the trip extended beyond the study area. Task 4 - Statistical analysis of survey auestions This task will include the following analyses: A. Boater group characteristics: An analysis of vessel and boater profiles, rationale for selecting departure sites and travel routes, activities conducted, and perceived congestion. B. Seasonal boating characteristics: An analysis to define boating seasons, number of trips taken, trip departure times, trip duration, weekday versus weekend trips, and boating activities. C. The categorization and ranking of perceived detractors and needs. A content analysis of open-ended questions that ask boaters to identify what detracts most from their recreational boating experience and what is most needed to improve their recreational boating experience. Task 5 - Spatial analysis of boatino patterns GIS functionality will be used to generate density maps of trip features (e.g., routes, destinations, congested areas). In addition, seasonal differences in trip patterns will be evaluated and mapped consistent with prior reports for Tampa Bay, Sarasota County, Charlotte Harbor and Brevard County. Task 6 - Print and distribute report A. Submit draft report to COMMISSION for review B. Upon approval from COMMISSION, print 35 copies of the final report to distribute upon request Task 7 - Acknowledaement The GRANTEE, at its expense, shall acknowledge the Florida Fish & Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP) as a funding source for the Project on any printed materials or in some other manner approved by the COMMISSION. In addition, the GRANTEE shall include such acknowledgement in any publicity related to the Project. Page 2 of 3 FWC Contract # 08064 Agenda Item No. 16014 October 28, 2008 ATTA9t::Nf rN 22 DELIVERABLES 1. Draft copy of Recreational Boating Characterization Study 2. Final copy of Recreational Boating Characterization Study 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. B. Bid tabulation The GRANTEE shall forward one copy of the bid tabulation to the COMMISSION's Program Administrator for review prior to purchase of any commodities or services with a cost in excess of $2,500.00. The COMMISSION's Program Administrator shall have 10 working days for review. This review shall ensure that the GRANTEE was in compliance of Chapter 287, F.S. C. 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 J 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 $80,000. The GRANTEE shall submit a request for reimbursement, accompanied by the required reports, no later than 30 days following completion of the Project The request for reimbursement shall include the following: an invoice in a form similar to the Sample Invoice Form; a signed Certification of Completion form; one copy of any materials for distribution produced with grant funds; and, required documents as described in Attachment E, Comptroller Contract Payment Requirements. Page 3 of 3 Agenda Item No. 16014 Amd~ktt. 8008 r:;age" ~ b of 22 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 deUverables provided to FWC this month: 3. List tasks scheduled to be completed during next month: 4. Is project currently on schedule for completion by September 30, 2009? YES NO (If No, please explain any problems encountered and/or possible delays) Project Manager Date Page 1 of 1 Agenda Item No. 16014 October 28. 2008 P_7.00 1" o.t ?2 ATTACHMENT ~~ \.:,H AND \ I' " J l ~~)t'~" \' ' ""* * :. '. ,-J'" .....'-.. '-', : -: 8 ()' ~.~"~"'~~ '" ? ~ ~' ~ :.r~ r: ~;':'t " J _ ~.~' , /~ r~()rJ co'\:'" 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 subscribed and swore to the above instrument in my presence. ,200-, who 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: Title: Agenda Item No. 16014 Oct~~T D INVOICE Billed to: Remit payment to: Grantee: FEID#: Address: Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399-1600 Dates of Service: F\NC Contract #: Project start date: Amount of Grant Award: $ Project end date: Invoice Date: PROJECT COSTS: fY-M~\!'!"':'&?'~~"~~">" '~!j ..""...._~~.~..., ;(""""....~,..........lJl',~"...~.....~"". . ....,.t<::.I'H'If~:t.~'L,....,~~"..;;.t"l'..~:n:i!'\~lJ1"!f".:l~'Il~~'!r!;-:ty"."~"'.. * '" - '~'Ill~" f;;;;::,- _,~~~~,~~. .~..~~::::_ ,;".,:~_, ,..,~,.__~~~, ,~._ ,,;,:i:~:..',~1~~::L,~~.,~_~_~", . ,._ ,-. ~~nL In-kind service: Administration $ In-kind service: Project Management $ In-kind service: Other $ ["~~i"'_~"""-~''''''''''W''''l",''l.w",.",.:v-~....r'''B>\>' '~'~'~-":""""'~~~~"'!t~~~;,-r"1"\'''''''~r " " '-0, .,,',:",..""_h 'Jc ~ ::;7, -~~ ~14"1'~'?:. ~"1; "',:.-~' ....~. ~"';"";._-''''1 ~~..... i"'~'J.it.. '~"'~J ,':...... ..,?..t':~~~~). ~~ 1;'4!" ~q, J'.~': ~..... If"'::! '~~'~;~~~;~It.!fl ~~~~1 ~i<<~';-'',.~'':~~, f -" ".) . . 1. --;; '.1 ,'i'"t~~., :'; '/. '....h"t",....../ f'",~~I1"'~,,".., .....~. ".....:;.~,.,.~ ,~ . ~J ~ . ~~"'~~~., '" ~,+,r~ ~~ -o;,:J~"!'"\" "... .. ~_... "" . _, ' 1t..:'~~....,.,":-:'{.:AlJt:~i>~ ;-:f..i'lj~~(d...l.;t'."< 'I~,,"'~j-\ot...*, L. ;;'~,."I.ltJ,fk";'J/~ ~"t~:f;wp;:.,~~~ ~~":fP' ~~~~rl'.7r.~,. 'j:., ~ .~. '...04-;" _<.,~ $ $ $ $ $ $ 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 Agenda Item No. 16014 October 28, 2008 Page 18 of 22 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. Page 1 of 1 ATTACHMENT F REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS Agenda Item No. 16014 October 28, 2008 Page 19 of 22 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. Monitorina 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 OMS Circular A-133, as revised, and/or other procedures. Sy entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. . AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from 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 OMS 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 OMS 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 (Le., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non- state entity for Federal program matching requirements. Page 1 of3 ,/ Agenda Item No. 16014 October 28, 2008 Page 20 of 22 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 (Le., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS There are no other audit requirements PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d){1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and (f), OMB Circular A- 133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: Page 2 of3 ....... Agenda Item No. 16014 October 28,2008 Page 21 of 22 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 directlv 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 of3 ~ AgendaJ~ No. 16D14 FWC Contract # fOOOl liV 28, 2008 Page 22 of 22 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: None. SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Agency: State Program: CSFA No.: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 77 .006 Collier County Board of County Commissioners $80,000 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.