HIGH AND DRY MARINA MULTI-SITE FEASIBILITY STUDY - GRANT AGREEMENT
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSI01\
RODNEY BARRETO
Miami
SANDRA T. KAUPE
Palm Beach
H.A. "HERKY" HUFFMAN
Enterprise
DAVID K. MEEHAN
St. Petersburg
KATHY BARCO
Jacksonville
RICHARD A. CORBETT
Tampa
BRIAN S. YABLONSKI
Tallahassee
KENNETH D. HADDAD, Executive Director
VICTOR J. HELLER, Assistant Executive Director
DIVISION OF LAW ENFORCEMEN'
COLONEL JULIE JONES, Directo
LT. COLONEL DON HOLWAY, Deputy Directo
LT. COLONEL JIM McCALLISTER, Deputy Directo:
LT. COLONEL MIKE WIWI, Deputy DirectoJ
(850)488-6251 TDD (850)488-954:
March 6, 2006
Mr. William Morris
City of Clearwater
25 Causeway Boulevard
Clearwater, FL 33767
RE: Contract No. 05101 - Florida Boating Improvement Program (FBIP) Grant Agreement
High and Dry Marina Multi-Site Feasibility Study
Dear Mr. Morris:
Enclosed is an original of the executed Grant Agreement for the Florida Boating Improvement
Program (FBIP) High and Dry Marina Multi-Site Feasibility Study project, effective March 6,
2006. 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.
We look forward to working with you on this project. If we can be of any assistance, please do
not hesitate to give me a call at (850) 410-0656 extension 17127 or email me at
Susanna.Stephens@MvFWC.com or email Mr.TimWoodyatTim.Woodv@MvFWC.com.
Sincerely,
~
Susanna Stephens
Boating and Waterways
/ss
Enclosures
620 South Meridian Street -Tallahassee - FL - 32399-1600
Visit MyFWC.com
FWC Contract No.
05101
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 CLEARWATER whose address is 112 S.
Osceola Avenue, Clearwater, Florida 33756, hereafter "GRANTEE" to conduct a project entitled High and
Dry Marina Multi-Site Feasibility 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:
SCOPE OF SERVICES
1. The GRANTEE shall complete and implement the project proposal as described in Attachment A,
Florida Boating Improvement Program (FBIP) Grant Application No. 05-001, attached hereto and
made a part hereof. All project activities must be completed during the time span provided herein for
that portion of the Agreement. .
2. The GRANTEE shall commence work on the Project within 90 days of execution of the Agreement.
Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and result in
termination of the Agreement by the COMMISSION.
3. If applicable, all engineering must be completed by a professional engineer or architect registered in
the State of Florida. All work must meet or exceed minimum design standards and guidelines
established by all applicable local, state and federal laws.
4. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project,
including any construction contract, materials purchase, engineering, master plan or force account
labor performed at any Project site.
5. Any reports or other documents produced by the GRANTEE as part of the project, High and Dry
Marina Multi-Site Feasibility Study, shall acknowledge the Florida Fish & Wildlife Conservation
Commission, Florida Boating Improvement Program as a source of funding. In addition, the
GRANTEE shall include such acknowledgement in any publicity related to the Agreement.
6. Upon completion of the project, the GRANTEE'S Project Manager, or other appropriate professional
for the GRANTEE, shall sign a Certification of Completion form, provided by the COMMISSION, that
certifies the Project was completed in accordance with the project proposal, Attachment A, and this
Agreement.
7. The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of
the Project, identifying any problems that may have arisen, and actions taken to correct such
problems. Such reports shall be submitted on the form provided by the COMMISSION and due tathe
COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion
is submitted.
8. Any study or brochure produced by the GRANTEE shall be provided to the COMMISSION for
approval prior to final printing and submission for payment. Further, at least 21 days prior to printing
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.
Page 1 of 8
9. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any
subcontract and agrees to be fully responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable
to any sub-grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract
and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities
incurred under the subcontract.
10. The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program
Administrator for review prior to soliciting for quotations or commencing any work. The
COMMISSION's Program Administrator shall have 30 working days for review. This review shall
ensure that minimum guidelines for the Project's scope of work are adhered to.
11. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in
providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that
this requirement includes compliance with all applicable federal, state and local health and safety
rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts
issued as a result of this Agreement.
12; It is understood and agreed that this Agreement represents the first part of a long-term project by the
GRANTEE and the COMMISSION to provide for improved boating infrastructure and enhanced public
access to boating in the State of Florida. Accordingly, additional funding for the Project may be
provided on the part of the COMMISSION by amendment to this Agreement or by a separate grant
award. Therefore, the GRANTEE agrees that land owned by the GRANTEE that will be developed in
whole or in part with Program funds (including the engineering master plan and cost estimates for all
three sites, securing the building permits, and going out to bid for the construction of the high and dry
and related support facilities at the site chosen) 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 Cerlification of Completion. Title to
all improvements shall be retained by the GRANTEE upon final payment by the COMMISSION.
13. 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.
GRANTEE ELIGIBILITY
14. 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.
15. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to
fully perform the contract requirements and the integrity and reliability that will assure good-faith
performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287, F.S.,
and all other applicable rules and laws.
TERM OF AGREEMENT
16. This Agreement shall begin upon execution by both parties and end December 31,2026, inclusive.
However, the GRANTEE shall complete the Project as described in Attachment A on or before
December 31, 2006. 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.
Page 2 of 8
17. 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
18. For satisfactory completion of the project as described in Attachment A, Project Proposal, the
COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed
$40,400.00.
19. As indicated in FBIP Grant Application #05-001, the GRANTEE has agreed to provide 25% of the
estimated total project cost. If the actual cost of the project is less than the estimated tota.1 project
cost, compensation by the COMMISSION shall be 75% of the actual total project cost.
PAYMENTS
20. 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 F, sample invoice form. An original and two (2) copies of the invoice shall be submitted.
The COMMISSION shall not provide advance payment. All bills for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof.
21. 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.
22. No travel expenses are authorized under the terms of this Agreement.
23. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller
Contract Payment Requirements as shown in the Department of Financial Services, Bureau of
Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and
made a part hereof as Attachment B.
24. The COMMISSION shall have 30 working days to inspect and approve goods and services.
25. 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.
26. 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.
27. 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.
Page 3 of 8
28. 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
29. 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.
30. 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
31. 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
32. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at
the following addresses:
GRANTEE
COMMISSION
City of Clearwater
Marine and Aviation Dept.
25 Causeway Blvd
Clearwater, FL 33767
Phone: (727) 462-6954
Fax: (727) 462-6957
Attn: William Morris, Project Manager
Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
620 South Meridian Street
Tallahassee, FL 32399-1600
Phone: (850)487-3755
Fax: (850) 488-9284
Attn: Susanna Stephens, Program Administrator
AMENDMENTOR MODIFICATION
33. 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.
34. 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
35. The GRANTEE shall perform as an independent agent and not as an agent, representative, or
employee of the COMMISSION.
Page 4 of 8
36. 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.
37. The parties agree that there is no conflict of interest or any other prohibited relationship between the
GRANTEE and the COMMISSION.
INSURANCE REQUIREMENTS
38. 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.
39. 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.
40. 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
41. 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
42. 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.
L1ASI L1TY
43. 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.
Page 5 of 8
NON-DISCRI MI NATION
44. 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
45. 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
46. 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
47. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the
COMMISSION.
48. 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
49. 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 AgreElment 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
50. 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
51. 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
52. 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.
Page 6 of 8
FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS
53. 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 OMS Circular A-133. Therefore, the
GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled
Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the
Agreement, as applicable.
54; 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
55. 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.
56. 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.
57. Regardless of title or ownership of the products and materials developed under this Agreement, the
COMMISSION and the State of Florida shall reserve a royalty-free, nonexclusive, irrevocable right to
reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is
involved in support of this Agreement, the Federal Government shall also reserve a royalty-free,
nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental
purposes.
ENTIRE AGREEMENT
58. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, and duly signed by each of the parties
hereto, unless otherwise provided herein.
(Remainder of page intentionally left blank.)
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through
their duly authorized signatories on the day and year last written below.
CITY OF CLEARWATER
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
~ v-: ~ ~?;l~
~:x&M~, Mayor ,&:"~)<enneth D. Haddad, Executive Director
Frank V. Hibbard
Date
2./ / f., / oCt
r I
~~~~4
Name (Print) William B. Horne II
City Manager
ATTES~~~~~ -'
1/ Citz....BJerk,. ;...... -::.. ", -':;.
Po. B:Ux: 47AJJ. ,'. , .;::
Addr~s:s: /_ .
...
Clearwater. FL 3375~~4748
City, Stafe', an,d Zip. CedE;!
59-6000289
Federal Employer Identification Number (FEID)
Approved to form :aRat~
List of attachments/exhibits included as part of this Agreement:
Attachment A:
Attachment B:
Attachment C:
Exhibit 1:
Attachment D:
Attachment E:
Attachment F:
FBIP Application # 05-001 and Project Proposal
Comptroller Cost Reimbursement Requirements
Federal/Florida Single Audit Act Requirements
Funds awarded pursuant to agreement
Certification of Completion form
Monthly progress report form
Sample invoice form
"If someone other than the Chairman 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.
Page 8 of 8
ATTACHMENT A
FBIP APPLICATION AND PROJECT PROPOSAL
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
FLORIDA BOATING IMPROVEMENT PROGRAM
GRANT APPLICATION
FU. U
h
L
U h
hI k
I ma sectIOns t at apply - eave a ot er sectIOns an
I - APPLICANT INFORMATION
a. County/Municipality Name: e. Project Manager Name:
Pinellas/City of Clearwater William Morris
b. Federal EmployerId. No.: Project Manager Title:
59-6000289 Marine & Aviation Diretor
c. Applicant Name: f. Mailing Address:
William B. Home, II 25 Causeway Boulevard
Applicant Title: City: Zip Code:
City Manager Clearwater 33767
d. Applicant Address: g. Telephone No.: Fax No.: Suncom No.:
112 So. Osceola Ave. 727 462-6954 727 462-6957
City: Zip Code: E-mail:
Clearwater 33756 william.morris@myclearwater.com
II - PROJECT SUMMARY
a. Project Title: High & Dry Marina Multi-Site Feasibility Study
b. Type of Application: i:8J New (never considered before) D Reconsideration D Phased Continuation -Phase No.: _
TIER-I TIER-II
c. Type of Project: D 1- Recreational Channel Marking D 1- Boat Ramps
i:8J 11- Public Launching Facilities D 11- Piers and Docks
D I1I- Aquatic Plant Control D I1I- Boater Education
D IV-Other Local Boating Related Activities D IV-Economic Development Initiatives
d. Project Cost: Total Cost: $54000.00 Amount Requested: $ 40400.00
e. Project Summary:
This project involves planning, designing, engineering, permitting and development of plans to construct a
High & Dry recreational boat facility, including restrooms, access roads, Marine service, utilities,
landscaping and parking on City owned property once a feasibility study of three separate sites is
considered; a.) Seminole Launch Ramp, b.) Jack Russell Stadium, and c.) Stevenson's Creek Shuffle
Board.
The goal of the project is to replace some of the boat storage lost by developers buying out marinas for ')
condo development. We hope to provide three hundred (300) storage units and additional boat trailer
parking.
The final product of the first phase would be the engineering master plan and cost estimates for all three
sites. The second phase would be securing the building permits, and going out to bid for the construction
of the high and dry and related support facilities at the site chosen.
FWC/DLE-252 (02/05)
III - PROJECT NEED
a. List Primary Need for Project:
D Safety
D Age-end of Useful Life
D Environmental Needs of the Area
D Other:
C8J High Demand by Users
D Recommended by FWC Staff
C8J Lack of In-house Capability
b. Need Statement:
The City of Clearwater wishes to meet the need of our recreational boating community by replacing some of the
storage facilities being bought out by private developers for the construction of condos. The City owned property at the
Seminole Launch Ramp, the Jack Russell Stadium, and Stevenson's Creek, known as the shuffle board property, has the
potential to meet the storage need for recreational boaters in the form of a high and dry.
Ifwe qualify for assistance in planning and constructing a facility at one of the sites, we will in part meet that need.
,
c. Known Public Support: (Name)
D Adjacent Land Owners:
C8J Users Groups: Recreational boating community
D Neighborhood Assoc.:
C8J Local/State/Federal Government: City of Clearwater & Pinellas County
D Legislature:
D Other:
d. Known Public Opposition: (Name)
D Adjacent Land Owners:
D Users Groups:
D Neighborhood Assoc.:
D Local/State/Federal Government:
D Legislature:
D Other:
FWC/DLE-252 (02105)
2
IV - BUDGET
a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application.
DYes, Preliminary D Yes, Final DNo
b. PROJECT COST - SOFT (NON CASH) FUNDS
Cost Item Applicant Other .. Do Not USe This TOTAL
(List in Section V) Column ...
Administration $ 1,000.00 $ ..... $ 1,000.00
In-Kind Engineering!Construction Management $ $ .. $
... .....
In-Kind Labor $ $ .. ..... .. .. $
In-Kind Materials $ $ ..... .... ........ > $
....... ......
..... ... . ......
In-Kind Equipment $ $ .... ...................... .. $
.......
.....::..:. ....... ..... ..
Total Soft Funds $ 1,000.00 $ ......... ......... ... ..... $ 1,000.00
c. PROJECT COST - HARD (CASH) FUNDS
Cost Item Applicant Other FBIP Grant TOTAL
(List in Section V)
PlanninglEngineering $ $ $ 40,400.00 $ 40,400.00
Implementing! Construction $ $ $ $
Other: Engineering plans/cost est. for high&dry $ 12,600.00 $ $ $ 12,600.00
marina site studv
Total Hard Funds $ 12,600.00 $ $ 40,400.00 $ 53,000.00
d. TOTAL FUNDS $ 13,600.00 $ $ 40,400.00 $ 54,000.00
V - OTHER SOURCE OF FUNDS (STATUS)
a. D Federal D State/Local D Loan Agency:
b. Grant Name: Amount $
-
c. Approval Status: D Approved D Pending D Intend to Apply, Date: _
a. D Federal D State/Local D Loan Agency:
b. Grant Name: Amount $
-
c. Approval Status: D Approved D Pending D Intend to Apply, Date: _
a. D Federal D State/Local D Loan Agency:
b. Grant Name: Amount $
-
c. Approval Status: D Approved D Pending D Intend to Apply, Date: _
FWC/DLE-252 (02/05)
3
VI - PERMITS Submitted Approved N/A
a. Florida Department of Environmental Protection D D fXl
b. Florida Fish and Wildlife Conservation Commission D D fXl
c. U.S. Army Corps of Engineers D 0 fXl
d. Local and Others (If needed) D D fXl
VII - ENVIRONMENTAL ASSESSMENT YES NO
a. Will the project significantly or adversely affect the environment? D ~
b. If Yes, please explain key issues and describe any mitigation actions proposed.
VIII - BOATER SAFETY
a. Explain how the project may affect boater safety whether positively or negatively.
The project will not affect boater safety.
FWC/DLE-252 (02105)
4
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IX - APPLICATION ATTACHMENTS CHECKLIST
Inc. N/A
[8] a. Cover Letter: application transmittal cover letter (Identify priority rank with multiple applications).
[8] ............. b. Project Proposal: a detailed description of project as outlined in the application instructions.
..... c. Resolution: An adopted resolution, by the Governing Body, authorizing that the Project Manager has the
[8] i ri authority to apply for and administer the grant on behalf of the applicant. If the Applicant is applying on
I..i/........i..... behalf of another public entity, then a Memorandum of Understanding between the Applicant and the
public entity must also be submitted.
[8] D d. Boundary Map: indicate boundary of the project area.
[8] D e. Site Control Documentation: (e.g. a deed, lease, results of title search, etc. for the project site.)
[8] D f. Existing Condition Photographs (sufficient to depict the physical characteristics of the project area)
[8] D g. Aerial Photographs (marked with the approximate boundaries of the project site)
[8] D h. Navigational Chart: An 8.5" x II" photocopy of a current NOAA North American Datum 83 nautical
chart (provide the NOAA chart name and number) indicating the precise location of the project site.
D [8] 1. Permits: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide
notification of exemption from permitting agency.
[8] D J. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor
or an engineer's cost estimate.
D [8] k. Plans: preliminarydesignlengineering plans (if completed).
[8] D 1. Appendix A: (For projects involving boat ramps, piers and docks, and public launching facilities only)
[8] IIf One (I) original application.
[8] n. Seven (7) photocopies of the application and an electronic copy on CD or floppy disk.
APPLICANT SIGNATURE
Application is hereby made for the activities described herein. I certify that I am familiar with the information contained
in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further
certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities.
I also certify that the Applicant's governing body is aware of and has authorized the Project Manager as the official
representative of the Applicant to act in connection with this application and subsequent project as well as to provide
additional informa' as may be required. By signature below, the Applicant agrees to comply with all applicable
federal, state, a loc I laws in con' nction with this proposal and resulting project so approved.
Assistant City Manager
Title
05/04/2005
Applicant' r Date
/ ~
STATE OF 'ORillA, COUNTY OF ( CJ:LA; / f i!t1 )
Personally appeared before me th. is 4- day of 11/ j))L , 2ooJ::lhU4. /YUt!/JkVhO
subscribed and swore t e above instru t in y res~ . U
. - r 0....,..., Pil~ Oftnlse A. Wilson
Notary PublIc Name: My co~nCS:~&iOA" D0296233
~. 'J I Expires June 18. 2008
~ Ell I"I~ .....TI.t)- Fa. L.......M. L4. Ill8 811'818
NOTE: Instruction and further information regarding this application and the Florida Boating Improvement Program can be found in
the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator, Florida Fish and Wildlife
Conservation Commission, 620 South Meridian Street, FL 32399-1600. Telephone (850) 487.3755.
FWC/DLE-252 (02/05)
5
PROJECT PROPOSAL - High & Dry Marina Multi-Site Feasibility Study
Project Description
What the proiect will produce or accomplish - The proposed project will produce a multi-site
feasibility study for the development of a high and dry marina at one of three City sites, including
associated trailer parking, marine service, utilities, landscaping, etc. Wade-Trim, engineer of
record for this study, proposes to address the following:
. Land ownership patterns.
. The City's programmed uses for the selected site.
. Bathyetric survey for the Stevenson Creek site.
. Cursory Mangrove and seagrass surveys for the Stevenson Creek Site.
. Current land use and zoning classifications of properties being considered for the high
and dry marina, as well as neighboring properties in the general area.
. Identification and discussion of recently approved projects in the area of each site and
the perceived impact of those projects on the proposed high and dry marina.
. Identification of applicable Land Development Code provisions governing the location
and construction of the proposed marina.
. The location and adequacy of existing infrastructure (i.e. sanitary sewer, potable water,
reclaimed water) to serve the marina and associated uses.
. Review of Chapter 380.06 F.S. regarding DRI thresholds for high and dry marinas and
other applicable local, state and federal permitting requirements.
. Stormwater management issues on the proposed City sites.
. Traffic management issues including ingress, egress and cursory assessment of impact
on surrounding roadway system.
. Potential neighborhood compatibility and/or project "perception issues."
. Order of magnitude pre-design construction cost estimates for each of the three potential
sites. These estimated costs will include site demolition and clearing, utility upgrades, if
required to serve the sites, site development costs, and seawall construction and bridge
replacement costs that could be uniquely associated with the Stevenson Creek site.
Order of magnitude cost estimates will also be provided for the design and permitting
processes for the high and dry marina and associated facilities.
. Estimated schedule for design, permitting and construction.
. Estimated annual operations and maintenance costs and revenue generating estimates
(to be provided by City Staff).
With the plans and cost estimate, the project will enable the City of Clearwater to obtain permits,
and hire contractors to built the recreational boat storage facility.
How the proiect will serve the needs of recreational boaters and boatinq-related activities in our
area - The project will provide approximately 300 boaters with a storage facility replacing those
facilities that have been sold for condo development. The proposed facility will also provide
additional car and trailer parking for the more than 22,000 yearly users of the Seminole Launch
Ramps alone from all over the county.
Project Proposal for 2005 FBIP grant
Specific Tasks
Phase I:
Task 1 - Submit bid proposal document for engineering plan and cost estimate to Florida Fish
and Wildlife Conservation Commission for review and approval (30-day turn around time).
Task 2 - Go out to bid or use engineer of record to produce engineering plans and cost estimate
to develop a High & Dry boat storage facility and related support facilities (restrooms, additional
parking, etc.) at one of the three sites being considered.
Task 3 - Submit results of engineering plans and cost estimate to FWC.
Phase II:
Task 1 - Using engineering plans and cost estimate, apply for FBIP grant funds to bid the
project for construction and obtain building permits.
Timetable
Phase I:
Task 1 - First quarter - after notification, acceptance, and return of the grant agreement by the
City Council back to the FWC, submit bid proposal document to FWC for review and approval.
Task 2 - First or second quarter - Send out bid for engineering plan and cost estimate.
Task 3 - Third or fourth quarter - Submit results of engineering plans and cost estimate to
FWC.
Phase II:
Task 1 - Fourth quarter or new FBIP2006/2007 - Using engineering plans and cost estimate,
apply for FBIP grant funds to bid the construction phase and have contractor obtain building
permits.
Project Proposal for 2005 FBIP grant
ATTACHMENT B
Comptroller Contract Payment Requirements
Department of Financial Services, Bureau of Accounting and Auditing
Voucher Processing Handbook (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu
of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel voucher
or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any
contract involving the State University system or the State Community College system,
the agency receiving the contract or grant moneys shall charge no more than 5 percent
of the total cost of the contract or grant for overhead or indirect cost or any other cost
not required for the payment of direct costs.
Page 1 of I
ATTACHMENT C
REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission)
to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in
this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the
recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission
staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have
a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised.
EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Commission. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as
revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1., the reCipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB 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 defmed by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of $500,000
in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal
year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor
and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance
awarded through the Commission by this agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Commission, other state agencies, and other non-state entities. State financial assistance does not
Page 1 of3
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 In: OTHER AUDIT REQUIREMENTS
There are no other audit requirements.
PART IV: REPORT SUBMISSION
Copies ofreporting packages for audits conducted in accordance with OMB Circular A-I33, 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)(I) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit
Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133,
as revised.
Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting
package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the
auditor, to the Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
Page 2 of3
Copies of financial reporting packages required by P ART II of this agreement shall be submitted by or on behalf of
the recipient directly to each of the following:
The Commission atthe 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 otthe 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
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
City of Clearwater
$40,400.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
1. Project activities must occur on public lands owned outright or managed under agreement with
another party with lease terms exceeding 20 years.
2. Project activities must not create a boating safety hazard and/or increase the potential for damage to
natural resources.
3. Recipient must comply with the Policies and Guidelines (Interim) of the Florida Boating Improvement
Program.
4. Recipient must comply with all Commission rules, policies and procedures as well as all other state
and federal rules.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
Page 1 of 1
ATTACHMENT D
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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:
A TT ACHMENT E
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284.
FWC Contract #
Reporting Period (MonthlY ear):
(Due 15 days after the end of each month)
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 December 31, 2006? YES NO
(If No, please explain any problems encountered and/or possible delays)
Project Manager
Date
Page 1 of 1
ATTACHMENT F
Florida Fish and Wildlife Conservation Commission
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, Florida 32399-1600
INVOICE
Date:
FWC Contract #:
Remit payment to:
Grantee:
Address:
City, State:
lip:
FEID#:
GRANT REQUEST
Cost Item Applicant Other FBIP Grant .. TOTAL
Perm itting/Plann ing/Eng ineering $ $ $ $
Implementingl Construction $ $ $ $
Other: $ $ $ $
Total Hard Funds $ $ $ $
Amount of Grant Award: $
PROJECT COSTS
.. Cost Item Amount
Perm itting/Plan n ing/Eng ineering $
Implementingl Construction $
Other: $
Total Costs: $
Grantee Matching Funds: $
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: