Loading...
FLORIDA BOATING IMPROVEMENT PROGRAM GRANT AGREEMENT FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION RODNEY BARRETO Miami SANDRA T. KAUPE Palm Beach H.A. "HERKY" HUFFMAN Enterprise DAVID K. MEEHAN St. Petersburg KATHY BARCO Jacksonville RICHARD A. CORBETI BRIAN S. YABLONSKI Tampa Tallahassee CIT"0r r:" """'''W/~,TER KENNETH D. HADDAD, Executive Director VICTOR J. HELLER, Assistant Executive Director MAY - 4 2005 DIVISION OF LAW ENFORCEMENT COLONEL roUE JONES, Director LT. COLONEL DON HOLWAY, Deputy Director ht'\rll.JVl"livlA3TEf\30FACEOLONEL JIM McCAlliSTER, Deputy Director LT. COLONEL MIKE WIWI, Deputy Director (850)488-6251 TDD (850)488-9542 May 3, 2005 Mike Willis, Project Manager City of Clearwater Marine & Aviation Department Clearwater Municipal Marina 25 Causeway Boulevard Clearwater, FL 33767 RE: Florida Boating Improvement Program (FBIP) Grant Agreement - No. FWC 04139 Dear Mr. Willis: Enclosed is an original of the executed Grant Agreement for the Florida Boating Improvement Program (FBIP) Project Clearwater Municipal Marina, effective April 20, 2005. 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) 487-3755 or email me at Tim.Woodv@MvFWC.com or email Ms.PatHarrellatPatricia.Harrell@MyFWC.com. RECEIVED MAY 05 2005 Sincerely, --r~~ Timothy Woody, Grants Specialist Boating & Waterways Section OFFICiAL RECORDS AND lEGISLATIVE 3RVCS DEPT tsw/ Enclosures 620 South Meridian Street .Tallahassee. FL. 32399-1600 Visit MyFWC.com f. 1I FWC Contract No. 04139 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 South Osceola Avenue, Clearwater, Florida 33756, hereafter "GRANTEE" to conduct a project entitled Clearwater Municipal Marina, 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 implement its project proposal, as described in Attachment A, entitled Florida Boating Improvement Program Grant Application No. 04-ID-002, 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. The GRANTEE, at its expense, shall purchase, erect and maintain a permanent sign, not less than four (4) feet by eight (8) feet in size, displaying the COMMISSION's official logo for launching projects, or shall attach a permanent plaque for marine projects, or use some other manner of acknowledgement for non-construction projects, approved by the COMMISSION, identifying the COMMISSION as a funding source for the Project. Such acknowledgement shall be maintained for a period of 20 years or the duration of the Agreement. Failure by the GRANTEE to maintain such acknowledgement shall be considered a breach of the Agreement. 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 to the 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 Page 1 of 8 ( ..) 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. 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. GRANTEE ELIGIBILITY 12, 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. 13. 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 14. This Agreement shall begin upon execution by both parties and end December 31,2005, 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 Clearwater Municipal Marina 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 $ 60,000.00. PAYMENTS 17. 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 Page 2 of 8 ,r (I the Grantee's Federal Employer Identification (FEID) Number. 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. 18. 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. 19. No travel expenses are authorized under the terms of this Agreement. 20. 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. 21. The COMMISSION shall have 30 working days to inspect and approve goods and services. 22. 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. 23. 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. 24. 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. 25. 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, Fl32399-1600 TERMINATION 26. 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. 27. 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, Page 3 of 8 TAXES 28. 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 29. 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 25 Causeway Blvd Clearwater, Florida 33767 Phone: (727) 462-6954 Fax: (727) 462-6957 Attn: Mike Willis, Project Manager Fish and Wildlife Conservation Commission Division of law Enforcement Boating and Waterways Section 620 South Meridian Street Tallahassee, Fl32399-1600 Phone: (850) 487-3755 Fax: (850) 488-9284 Attn: Patricia Harrell, Program Administrator AMENDMENT OR MODIFICATION 30. 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. 31. 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 32. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 33. 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. 34. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 35. 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. Page 4 of 8 .1 _.-' 36. 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, 37. 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 38. 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 39. The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this Agreement. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 40. 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 41. 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 42. 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. Page 5 of 8 .1 ".' NON-ASSIGNMENT 43, 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 44. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 45. 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 46. 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 THIRD PARTY RIGHTS 47. 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 48. 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 49. The GRANTEE is not authorized to use funds provided herein for the purchase of any non-expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 50. 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 C, titled Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the Agreement, as applicable. 51. 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. Page 6 of 8 ,I. ,7 RIGHTS IN PROPERTY, COPYRIGHTS, AND INVENTIONS 52. 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. 53. 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. 54. 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 55. 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 ",1_ ~-J 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 ~$~-rr ~~RWilliam B. Horne II City Manager 'f f~/()s;- eau AVS City of Clearwater Grantee Name 112 South Osceola Avenue Address Clearwater. Florida 33756 City, State, and Zip Code 59- br:Jx)a~CJ Federal Employer Identification Number (FEIO) Approved to form aR6'l:~ unicipality Atto Bryan D. Ru f Assistant City Attorney List of attachments/exhibits included as part of this Agreement: Attachment A: Attachment B: Attachment C: Exhibit 1 : Attachment 0: Attachment E: FBIP Grant Application #04-10-002 Comptroller Cost Reimbursement Requirements Federal/Florida Single Audit Act Requirements Funds awarded pursuant to agreement Certification of Completion form Monthly progress report form Page 8 of 8 ~,.. .'1- FWC Contract No. 04139 ATTACHMENT A Florida Boating Improvement Program Grant Application # 04 - 10 - 002 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT APPLICATION FOR OFFICE USE ONLY Fiscal.Year: 2004-2005 EP 0 8 2004 Ol}-jb-002 II II h I L II h bl k Fi ina sections t at avvlv - eave a ot er sectIOns an I - APPLICANT INFORMATION County/Municipality Name: Federal Employment Id. No.: 59-6000289 Pinellas/City of Clearwater Telephone No.: Fax No.: Sun com No.: Applicant Name: (727)562-4040 (72 7)562-4052 William RHorne, II Applicant Title: e-mail City Manager William.Horne@myclearwater.com Applicant Mailing Address: City: Zip Code: 112 So. Osceola Ave. Clearwater, FI 33756 Project Manager Name: Title: Mike Willis Marine Operations Supervisor michael. willis@myclearwater.com II . PROJECT LOCATION Latitude: N 27 058 I 34N II Longitude: W 82 049 '48W II Facility Name: County: Waterbody: Clearwater Municipal Marina Pinellas Clearwater Harbor District Numbers US Congress: 10 State House: 54 State Senate: 13 County Commission: 4 Facility Street Address or Location: City of Clearwater Marine & Aviaion Dept., 25 Causeway Blvd., Clw., FI33767 at the end of State Road 60, across from the Gulf of Mexico in Clearwater Harbor III - PROJECT SUMMARY Type of Application: 181 New (never considered before) D Reconsideration DPhased Continuation- Phase No.: I TIER-I TIER-II D 1- Recreational Channel Marking D 1- Boat Ramps Type of Project: D II- Public Launching Facilities D II- Piers and Docks D III- Aquatic Plant Control D III- Boater Education I 181 IV-Other Local Boating Related Activities D IV-Economic Development Initiatives Project Description: This project involves planning, designing, engineering, permitting and development of plans to remodel the recreational boat docks at the Clearwater Municipal Marina. The first stage of the project will be securing an engineering design company to do an expansion feasibility study. The second stage will be the installation of new docks with as much in house labor and equipment as possible as our match. The expansion will address local boater needs, as well as visiting transient guests from other counties, especially on holiday weekends and special events like the Clearwater Jazz Festival. If funded, the FBIP grant will be utilized to provide additional boat storage (boating access facilities) for recreational boaters. Moreover, the project does not contlict with natural resource protection. FWC/DLE-252 (05/04) -,\ !) IV - GENERAL FACILITY INFORMATION Type of Facility: Upland Ownership: D Primitive 181 Public- Fee Simple D Small (1 lane ramp) D Public - Lease D Medium (2 lane ramp) D Number of Years Remaining in Lease DLarge Regional (3+ lane ramp) Name of Owner 181 Tie-up/Overnight/Moorage/Marina City of Clearwater D Other: Is this facility open to the general public? 181 Yes DNo Estimate Percent (%) Use of Launching Facility: N/A Motorboats/Sailboats N/A Non-Motorboats I Day Use, Parking or Launch Fee Amount: $0.00 Tie-up/Overnight Moorage: $1.50 I Names of adjacent boating facilities, public and private (ramps, tie-up facilities/marinas) within a 10-mile radius. Name Distance Name Distance 1 Sea Captain Motel - private 60' 6 Clearwater Yacht Club - private 11 00 yds 2 Port Vue Motel - private 20' 7 Sea Stone Resort Motel - private 900 yds 3 Barefoot Bay Marina - private 150 yds 8 High & Dry Marina - private/selling to condo dev. 600 yds 4 Island Yacht Club - private 400 yds 9 Clearwater Bay Marina - private/selling to condo dev. 2 miles 5 Carlouel Yacht Club - private 1 mi. 1500' 10 Seminole Boat Ramp - public launch 2 miles V - FACILITy COMPONENTS AND USE - EXISTING CONDITIONS Number of Launch Lanes: N/A Length of Boarding Docks: ~~4,36 Ft Type of Ramp: D Asphalt Condition: D Poor D Concrete DAvera e DOther DGood Type of Dock: DWood Condition: D Poor D Aluminum D Average 181 Other 181 Good Number of Boat Trailer Parking Spaces: N/A h f . 20,24,36 Lengt 0 TIe-up Dock or Moorage: &48 . Ft or 211 Slips Type ofParking:D Asphalt D Concrete DOther Condition: D Poor DAverage DGood Other Facility Attributes: Pump out or Dump Station: 181 Yes DNo Restroom: 181 Yes DNo Type: Condition: 181 Slip D Poor D Broadside D Average 181 Good FWC/DLE-252 (05/04) 2 ~\. :!"" VI - PROJECT NEED List Primary Need for Project: o Safety OAge-end of Useful Life o Environmental Needs of the Area 181 High Demand by Users o Recommended by FWC Staff 181 Lack ofIn-house Capability o Other: Known Public Support: (Name) 181 Adjacent Land Owners Sea Captain Motel, Port Vue Motel 181 Users Groups Recreational boaters D Neighborhood Assoc. o Local/State/Federal Government o Legislature o Other Known Public Opposition: (Name) o Adjacent Land Owners o Users Groups o Neighborhood Assoc. D Local/State/Federal Government D Legislature o Other VII - PROJECT ENGINEERING AND CONSTRUCTION Who is or will be completing project design/engineering? Level of engineering completed at time of application: o Applicant Own Staff 181 None 181 Consulting Engineers o Conceptual (Master Plan Phase) o N/ A (Materials or Equipment Purchase) o Preliminary o Other: o Final (Ready to Bid) Has a preliminary or final engineer's cost estimate been developed for this project at time of application? 181 Yes ONo If yes, please attach a copy of detailed engineers cost estimate to application. Preferred period of construction (based on user activity, weather and water level): o Winter o Spring D Summer 181 Fall o Anytime of the Year FWC/DLE-252 (05/04) 3 riL~-II - ~ROJECT COST - SOFT (NON CASH) FUNDS (TIER-I) !i Cost Item Project Type I Applicant Channel Marking Administration , I Public Launching I Aquatic Plant Control $ $ 1$ TOTAL $ i$ $ $ i I Other Boating Activities I $ 1,000.00 Channel Marking : $ , 1$ In-kind Engineering/ Construction Management Public Launching I Aquatic Plant Control $ Other Boating Activiti:-I $ I Channel Marking I $ In-kind Labor Public Launching : $ [ Aquatic Plant co~ $ rOther Boating Activities I $ Channel Marking I $ I I kO 0 I In- md MaterIals I I Public Launching Aquatic Plant Control Other Boating Activities I I I I I : In-kind Equipment : i I I Channel Marking ~liC Launching Aquatic Plant Control Other Boating Activities Total Soft Funds (Tier"I) '$ $ $ $ 1$ 1$ ~ 1$ I $1,000.00 $ $ $ 1$ 1$ :$ I [$ 1$ 1$ , $ $ i$ I !$ ---Ii 1 ~ ! II --~I I II -----il JI -- . ~! ~" ell" in S". XII1 FBIP Gn,"! .. 1 TOTAL _ II ! $ i $ --l$-~-=JI 1$ ! $ ----J!-~~~I 1$ I $ 1$ '1 -: $ : $ 60,00MO-~-n1$60,000.00 II 1$ $ I $ I, --------+ ! ' $ . $ 1$ $ $ ! $ I $$ 1$ $ $$ $ $$ $ I $ --I $ 1$ i$ I !$ I IX - PROJECT COST - HARD (CASH) FUNDS (TIER-I) L-- Cost Item I Project Type 1_ Applicant I --t;-annel Marking I $ I I ! Public Launching , $ i Planning/Engineering -- I . Aquatic Plant Control $ I I Other Boating Activities $ I I Channel Marking i $ .: I Public Launching I $ I: Implementing/Construction II I Aquatic Plant Control I $ I: I , I: : Other Boating Activities ! $ I, I : i I Channel Marking i I Engineering feasibility study [PUbliC Launching II Other I i,'I' :Aquatic Plant Control i ! I I Other Boating Activities I: Ii 'I Total Hard Funds (Tier-I) $ $ 1$ I $15,000.00 I $15,000.00 i $ 1$ : $ ~60,000.00 , I $15,000.00 I $ 75,000.00 ====;-] I I II I I i II I[ I '[ I 11 Ii II n~1 I, - -- , TOTAL FUNDS TIER-I $ 16,000.00 $ $ 60,000.00 $ 76,000.00 FWC/DLE-252 (05/04) 4 !"'X - PROJECT COST - SOFT (NON CASH) FUNDS (TIER-II) I i Project Type Cost Item i Administration i In-kind Engineering! Construction Management ! I " ! I Implementing/Construction I II Ii I! , 'I Other il Ii II II " 'II FWC/DLE-252 (05/04) i I -----r----- IOther (List in Sec._ XIILFBIP Grant I TOTAL , , ' ! $ I $ 1$ 1$ ! $ ]$ --t-- . 1$ 1$ '$ $ $ , i$ I !$ , Applicant rOther (List in Sec. XII 1$ 1$ ,$ I ! $ 1$ I 1$ 1$ Total Hard Funds (Tier-II) I $ TOTAL FUNDS TIER-II I Boat Ramps , Piers and Docks $ ~ $ 1$ 1$ $ Economic Development I $ I Boat Ramps [ $ ,', $ I Piers and Docks , I Boater Education : $ I Economic Development i $ Boat Ramps I $ Boater Education $ ;$ $ 1$ $ $ $ $ 1$ Piers and Docks $ Boater Education $ Economic Development I $ l Boat Ramps I $ I . I I Piers and Docks I $ Boater Education -I $ I Economic Develo~ $ I j$ , $ 1$ i 1$ $ , $ ,$ IPiers and Docks , I , , Boater Education $ $ $ $ $ 1$ $ $ $ !$ I ! Boat Ramps I Piers and Docks I $ I !I $ ~ater Education i Economic Development : $ I 1$ $ '$ -~- 1$ 1$ 1$ 1$ 1$ 5 II II I II II I I[ I, I ,I II Ii II I I I, II ~I I, I, I: II --------I i ,! " ~! :1 I' ,[ -~~I I -J il Ii --,I !! Ii ---11 :1 I! -~ ~ Ii ,I I TOTAL I, ---___-----.J: Ii -II -JI I, !! I 1$ !$ $ $ $ ,$ $ $ -~! 1$ 1$ '$ II . , .' " XII - OTHER SOURCE OF FUNDS (STATUS) o Federal o State/Local DLoan Grant Name: Agency: Approval Status: o Approved o Pending DIntend to Apply, Date: o Federal o State/Local o Loan Grant Name: Agency: Approval Status: o Approved o Pending DIntend to Apply, Date: o Federal o State/Local DLoan Grant Name: Agency: . o Approved o Pending DIntend to Apply, Date: Approval Status: o Federal o State/Local o Loan Grant Name: Agency: Approval Status: o Approved o Pending DIntend to Apply, Date: XIII - PERMIT STATUS Note: Construction Projects Only. Submitted Approved Florida Department of Environmental Protection? . 0 0 U.S. Army Corps of Engineers 0 0 Local and Others (If needed): Not applicable, planning stage 0 0 I XIV- ENVIRONMENTAL ASSESSMENT I Indicate how the project may significantly or adversely affect the environment, explain key issues and describe any mitigation actions proposed, This project will not adversely affect the environment. We recently completed a maintenance dredge of the harbor and determined location of any sea grass beds. These will be avoided in planning future expansion. I FWC/DLE-252 (05/04) 6 " . " xv - REQUIRED APPLICATION ATTACHMENTS CHECK LIST 181 1. An adopted Resolution, by the Governing Body, authorizing that the Project Manager has the authority to apply for and administer the grant on behalf of the applicant. 181 2. Boundary map of the project area. The map must provide a description and sketch of the project area boundaries, displaying known easements, and legally sufficient to identify the program area. 181 3. Site control documentation (e.g. deed, lease, results of title search, etc ... ) for the project site. If the Applicant is applying on behalf of another public entity, then a Memorandum Of Understanding between the Applicant and the public entity must also 181 4. Existing Condition Photographs sufficient to depict the physical characteristics of the project area. 181 5. Aerial Photographs marked with the approximate boundaries of the project site. 181 6. If applicable, an 8.5 "x 11" photocopy (project site vicinity only) 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. NOAA charts may be obtained from: Distribution Branch (N/CG33),NOAA-National Ocean Service, 6501 Lafayette Avenue, Riverdale, Maryland 20737. D 7. Photocopies of necessary project pennit(s) or penn it application(s). 181 8. Detailed Cost Estimate in the fonn of a fonnal bid, written quote from proposed vendor or an engineer's cost estimate. D 9. Preliminary Design/Engineering Plans (if completed). 181 10. Application transmittal cover letter (Identify priority rank with multiple applications). 181 11. One (1) original application. 181 12. Five (5) copies of the application. APPLICANT SIGNATURE Application is herebymade for the activities described herein. I certify that I am familiar with the infonnation contained in the application, and, to the best of my knowledge and belief, this infonnation 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 Applicants 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 infonnation as may be required. By signature below the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project so approved. ~ B. Ho'n.e. II Pri y e Name "Pa.:. ..~'l3, ~v~ :II - - City Manager Title Applicant Signature B .. 11..' tf Date STATE OF FLORIDA, COUNTY OF ( 1th1:.P~ Personally appeared before me this ~ 7 day of ~~'J I.~ I the above in,trument in ~oc~. ~j..fj!,.' Notary Public Name: A f't~ .d') . ) ,200Y, ~J,if..p'fWt '6 ~NU2 NOTE: Instruction and further infonnation 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 (05/04) 7 " 0 V') N 0 V') N M - ~ ~ l': OC! ::::::: ::::::: ...... ...... ~ 0 >< ...... 0\ V') 0\ ::::::: :::::::: I.Ci 00 00 0 r-- V') IQ 00 :::::::: :::::::: 00 IQ ...... ;a N M "l M "'l. 00 N .... N M :::::::: :::::::: IQ" ..... 0 M V') .0 l- V') V') .!!'\ os N r.; .a !b ..... Oi <> is co u -< I"'l 0 0 N ..... 0 I"'l ..... 0- .r::. on ::J r-- 0 II'l L. oC .r::. f-< f-< .... f-< ..... N l'f') Z Z , ClO .... Z N W w ...& ..,; w 0 -- -- .... l'f') r;j 0 Cf.l Cf.l N Z Z Z ..... ;2 ;2 ;2 .... ..... IQ 0 f-< II'l I f-< N = = f-< l'f') ,... ~ = .... = = ...,. - N ...,. ...,. II'l 0'1 ...,. " 0 .C I.Cl ...,. ClO = l'f') l'f') N ClO IQ <II ClO l'f') N = N 0'1 ClO N - Q, I.Ci II'i r.: = II'i ,.) ,.) ..,; 0\ et:: I.Cl ...,. IQ ClO et:: = = II'l 0'1 et:: = <II I ClO N N =:. I N - ...,. r-- I l'f') .r::. w 0\" N ...& - ~ N ...& 0 w N ..... f-< N 0'1 - N f-< 0'1 L. -< - -< -< .E > > > ;;2 ;;2 ;;2 &:l.. &:l.. ...,. &:l.. I.Cl 0'1 = II'l - ...,. l'f') - r-- I.Cl l'f') I.Cl ...,. r-- I.Cl ...,. I.Cl ...,. ...,. l'f') N - N N .... l'f') l'f') 0'1 ClO N l'f') ClO ClO I.Cl II'l I.Cl - l'f') - N r-- ~ 0'1 0'1 0'1 et:: 0\ 0\ = I.Ci et:: ,.) r.: l'f') ..,; ,.) et:: = ~ - = I.Cl ...,. I.Cl = = i r-- II'l r-- ~ N I.Cl II'l - Z ClO .... ...,. N ClO Z 0'1 c::: iii N iii - I rri ...& iii rri ~I:""'I I 0\" 0 w w W f-< l'f') f-< N Q N ;! f-< N Q. - - - IJJ -< -< -< c::: > > > >- ;;2 02 0'1 02 I.Cl c::: &:l.. = = II'l c.. ClO c.. II'l ~ II'l ...,. I.Cl 0'1 r-- ClO 0'1 I.Cl II'l ...,. l'f') I.Cl .... ClO II'l N N .... :;) ...,. r-- II'l N = ...,. l'f') = .... r--11I'l r-- V1 ~ ClO ClO 0'1 = = II'l ~ ~ ~i;~' "l ....J - ..,; I.Ci oC = ....J oC ,.) N = l'f') 1..1.Cl ....J .... Q. -< 0'1 ClO I.Cl II'l - -< ClO l'f') l'f') =. N f::.r-- -< N <r: U l'f') N - II'l l'f') U II'l 0'1 ...,. ...,. i = L,,~" U II'l U Q ...& iii N ,.)" rri N O....&\I.ClI r.: IJJ et:: r-- l'f') et:: r-- l'f') !/l'f') .... et:: r-- 0::: W N W N :l'f')'! W N :;; :;; J;>' -':, :;; <C V Z :;; :;; :;; i:2 0 0 ClO ! N'" 0 - U 0'1 U 0'1 = I.Cl N U l'f') ~ l'f') l'f') - = II'l 0'1 Ii t-- N II'l l'f') .... 0'1 N ..... . - .. I c::: to,. . IJJ I ~ X I ~ f-< 0 U w I :::.:: z 02 w i :I: ~ CO et:: c.t.. :::.:: '.'1 U :::.:: f-< ; --- <C U w w :I: U I :I: IJJ c.. U w :I: f-< Cf.l W Cf.l ...J :J 0 ....J f-< -< -< :I: -< U Cf.l 0 W 0 ....J U U U ,."'-- r ~ .' RESOLUTION NO. 04-22 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE MARINE & AVIATION DEPARTMENT AS PROJECT MANAGER TO APPLY FOR AND ADMINISTER THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) FLORIDA BOATING IMPROVEMENT PROGRAM GRANT ON BEHALF OF THE CITY OF CLEARWATER, THE GOVERNING BODY; PROVIDING AN EFFECTIVE DATE. WHEREAS, a requirement of the FWC to apply for their Florida Boating Improvement Program grant includes the City of Clearwater as the Governing Body, adopting a resolution authorizing the Project Manager to apply for and administer the grant on their behalf; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves authorizing the Marine & Aviation Project Manager to apply for and administer the FWC Florida Boating Improvement Program grant on behalf of the City of Clearwater, the Governing Body. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 5th day of Allgm;t ,2004. sriaif-A Mayor -- :;vz Bry . RLf Assl' tant City Attorne I hereby certify that this is a .true and f th~ original as II appears correct f~P)' ~f th~ City of Clearwater. ~i~~:s: :y hand and official seal of the City of Clearw tcr. 20.2J This.l.1!b.day of. "" , Attest: Resolution No. 04-22 _1'- l,T, W 13 Q 14 PIER 60 DR I h equals 200 feet I , , I , 7 , B , 5 , , (16) , , I , CAUSEWAY BLVD 2 4 I I I ~~~ 11 , 12 I 13 , I , I , , ---!... ---- , ~ SEAWALL I c~..J. , g t.l I ~ , ~ I I ~ I 8 .., WATERLOTl I .., , ~ (14) I W C/) I I II GOVT LOT 3 GOVT LOT 4 2 10 .......... . . . . . . . . . . . . . . . . . . . . . :::--- ~tatrwater -~ u~ CITY OF CLEARWA TER, FLORIDA PUBLIC WORKS ADMINISTRA TION ENGINEERING ,', '. 'f,t". ~. ", ..,. .' L.€GAL I5Ot!UHEN'l' """"",," ,/'S i.~l" ,.~-:.- "'~B0-"::. /<:)..,,", ' i: '\ ~C""),_. ~cd ~,~" ~l' ~" ~I ":.. 'u;A(,~/1 -.z;; TE~.~,," , . """""I~'" . - He':' 'N 1" FILE - DO NOT. DISC.AR' C I T'Y, OF DfJJSS ,', DESTROY " , , . -_.~ (~) CL, EAR l\" ATE n ':1R -- . - p 0 S'T 0 , , , C [ II 6 x 4 1 . I' C L tAR W ATE R. F LOR IDA 3 35 I 8 orrtU or CITY' A nO~Nr,!, .TO ,WHOM IT };..fA Y. CONCERN: The City of Clearwater would cerHfy that it has a fee simple title and property known as Water lot 1. City Park Subdivision. pLil.tt'ed to the public October 10, 1939, Plat Book 23, Page 37 of the Public Records of Pinellas County.F~orida. The following information is relied on inmakint tbis- certification:' ...;. 1.A statement of the chain of title as ,to government iot 3. In Seetion 8. Township 2,9 5, Range 15 E. , provided by the Chelsea. Title & Guarantee Company on Apr illS, 1974. 2;A'review of the, grantee/ gran1tor inc{e~es of, the public 'records of Pinellas C,ounty, Florida 'lro~ 1917 to 197'7. ' ," ,', ,,' ,CHANCERY' ORDERS CCO), -. ", , ,3. The final decree of v~lida~iorv'dated andliled Octobe,r' , 5. 1950 and r'ec:orded m oa:....c.tl R.G,~5'.. 63 Book~ ' pa'gem. ,Public Re'cords of Pinellas-County; Florida. , wherein.it is found: by the court "that -the City of ' Clear'water rio~owns,operates' and maintains tbeiand, premises and wa~er rights in saId city k:nown as ,~ . . water lot 1 o(the city park division.. .-li. , ',' CHANCERY ORDERS (CO) 4. Alina1 decree olvalidation datecJhndfHed October 18, 1951 and recorded' in OCIisi6!~ er6s Bqok 259. page 498, Public Record s of Pinellas County, Florida, wherein it is found by the court "that the City oJ Clear- water now ownstbe Jand, premises and water rights in said city known as . .. water lotI of the city park sub- d i vi s i on .... II. Very truly yours. l~~~ ML:jj Marybe Lavallee AssIstant City Attorney , I C".. .. t C - _ ,.. ", ':'"' .. _.. _ _ J ,., 11:,,'_ _ . 7 " . A,a I : _ _ C' _ _ 1_ , . I "~" . d{?:/'hE' C?;' A ;.li~h~ ~0~".L1. TL.. ~ ':: GUARANTY CO:~1PANY ..~ I ,,,. C~uf.", r,,,.., II CI..,.....,.,. FID,:J. JJSI6 tI (HJt f4l--6J2S .f. O. Du /45.11 cr..,....,.,.... FID,:di JJS 17 D& I~SS' AOl"illR" 1974 Herbert H. Drolo/Tl . City Attorney P. O. Box 47/1-8 CJ.eari'/atcr, FloridCl" RE: ~~ Tile #2~,74~ C:it~ Pnl'k Siwdivisi on Deal" Sir: The! follmdn!J is the Chain of. Title as "to Govern"ent- Loi: 3, =inSec1:ion B, TOl"nship 29S, Ran~e1.5E:: Deeds '1-1 -. 48SUni"ted Stai:es Re6eiver "to E:n1es1: C. Tu"te Da1:ed~-l~1S97 Fi~ed2-9-1S~7 Patcnts .1:"'J.80 : M'tges I-I:'" 1~(J. Chancery '-. 21 Decree' I1E" .... Chancery .:. 22 Decree' "E" ... "J Deeds H-2 - '00 }1t!ster 0: - 17 Sh:ff.D. 1 DQeas 7-150 Deeds 32-15 Deeds 18-318 . . Unii:ed Sh:rtes of America to:t;rncst: Xci1:"e ".Dateil !~~2-1897 '. Filed "G';'21.~1S97 .Ernest- 'C-Xat.e'a.no 'o:.'i.fe to Charles L. . J'onesand J(Qller,:. . cc:rnPJ.'iSi:i'1g .fil.':ll, ox Jones and Keller .... . Dated 4...18-1898' . "Filecl 11-18-1898 . Gorr:on Jones and l(ellerVS_ El~n:?st C. Ta1:e \<tIife . Ntg.f'o~closure .RE: Ntg I~l .Dated2-~B~lB99.' Ftiecl2-2?-1899 . '. .'. ._-~ J...... Jones andl<el.l.er VS..r:rnes-tC~ '.'Xa"te . "'.ire' '.' . Dated: 4~~-lB.99 . Filed 1~-3-1B9!)" ~nd . Le.ola :I':1-te ~ his _ . . a:nd Leola Tate his..' - . , .. Carlos tit.. Stevens,." Special Has-fer . Jones and Gordon ~<eller Dated 4~3-.lS99F.i1cd4-25_lS99 i:c' Chancery 1"0. c. .;L. Carlos T~_. STeVcns:> Spec.:ia.l Haster in Cllance2y'"to Ch.arlcs .L_' J(JDes arad Gordon Keller Dated 5'-1.3-.l902 Filed 5-19~lS02 Gprl'lon Keller ~nd tdre to N. S;.' DeUTon unc1 L.."'V:i IT. }j=lone DClteil 5-26-1!J02 Filed 5-26-1902.' uncJividl?d ~.7' i:r.t-ercst Ncrth;:mie.l S. ]lout-on ilnd '.:i:fe imd u?Vi H. Ha1on~ 2:1d ldEe to Jo1m R. P::tvcy; Jaeob T. E<mnc1:1:' 0( t. JIcmry J1shL:Jry Da"ted .1.1-.1.3-.1905 Filed 4-1S-1905 " . c. L'.. Jane!) am1 toJi.f<: to 'John R. D\:lVQY;J. T. n[mne~t &: T. H. AS}JbllJ'Y Diltcd ll-21~-1903 filC!d 12-11-1903 uncliv.i.tlcd?i. int:'c:!rcst . (con't:. on P~gQ~2) ""-- .' 0(11355 . " II "TITLE eo: GUARAI,jTY CO;',1PANY --_..~- , . , Hcrbet't H. Drown f+:':'lS-71~ Page 2 Deeds 32-19 . John R. Davey &: \dfc;Jacob , and T. ITc11ry l\shbtll'y & wife tmdi.vided 1/5 illterest Dated 11-211-19.03 T. Bennett &: wife? to ^ustin K~nball Filed 12-1T-l!JOJ' ,.DQQds 32-20 . JOml R:..: Davey & l,~ife; Jacob , andT _ Hent)'Ashbury &: to1ife ,undividctl 1/S interest Dated 1:':-2.9-1905. T. Bennett & wife to S. P. Ke rl' .Fi:lQd 5-11;..1905 l-'oreign - 2114- t\li11.<i> "D" T....ast t~i"il.anc1 TeS1:i:lI11lm"tof to Jacob i.nennctt, .clee'd.'. " Dated 6-27-1898 Filed, 12~7"'1908 Deeds 117 _ill . Hz-s. J~!cob T.Bct'.nett to DJ.vid T~ Hatlack Dated.1r..,..l.fl.-1911' ',' F.iled 5-2-1911 Uildiv:ided J./S i: Last l'!il.1." ami Testament of' Tho i:<iS Henry". Ash.1:lu:t"y ~ . de'c I d.. . , ",. . Datea .S~21-.l90J~F.iied 2~11~-1907 Forci~- q.!)S Wills lie". .... .,' . . , ,. Jfarty E~ "AshbuZ"y;. l-lclry E~' Ashhu:.y & chClrles I".'il.'"i~ Ashbury as TruStees under .l~st "1i11 & Testa"ent of ,T.Hem'~'-..AsJwury~ c1C!ceased.to Th~.as s. G1!l~dinl' . Dated 5"'~O-1909 ",.Filed J..l.-1S-19Il " . . Deeds 1l19..,1138 WAlls 1-60 , . , 'Leist l~iri and Tast.un~nto.f j'olm R. DavC:!y t Dee I d . Dated 5-23.-1906 '.Yiled3-2S':'19l2 . Deeds 17-250 David X.' l'1&ltlack oS: \dfe Belle Karr Hatlack' and "~:'i:~~ 'F. Kcr~, \-lido,,, to Cleart'Jater Island Bridge Cc:,:,\p.li1Y Dated 3'-20-1917 Filed. 3-2G-1917 Verytl'uY yours, CHELSEA'TITT..E & .GUl\f\JUi:LY ..ca"jp"~:N . ',. -/ ,/ , ) ./ . ./ "'..... . .. ;, ./ / ~:".......-./' .... /.:-..// --:~ . ~ ~.-c:>"C;~ . ...;.r...........t:.. - . -c--/ .' G~ol'!;e R. Sho,.:C!ll, Assistant Title Officev CleCl~vatcr Office GRS;hh :'J' co 259 PAGE4~d ) "',D~-) 6SS ' 3~ 9/{/? ~.. - - - -- - - - - - - "- - IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUI ' AND FOR PINELLA. CnL~BA - CITY OF CLEARWATER, FLORIDA . . , ccr ,18 jgSj Petitioner" . . ~UIA~~'-",~- ", ',~I.-"'tJ.I ~..,.~o , , ~, f~-'~V-- ~ Otrt VII . . THE STATE OF FLORIDA, and others, .' '. FINAL D OF VALIDATION Defendants .. - .-- - - - - - - - -" -. - . -; - - - .tor Validation .tiled by the Petit'ioner 013 the This cause having come' OD, to be heardupOD the Petition 25th day o.t , , September ." '. ~ 1951" t-heOrder toShw Cau~e issued by thta. . . " '. . . County: on' the, 27th day - o:t September ,'1951, and the, Court having con- " , s1deredsaId PetItIonan.d',tb$, exb1.bita---attached' th~reto" the Answer 'or the, State A ttorneY' 8.JJd all e,~:1denca,' and matters or record pre":, 'sented heirein"l1ereby .finds'as :tollows': FIRST: ,That a copy or the Petition herein and a copyot , '. . . . . thaorder to Show Cause abov,a rererred to ...are served, UpoDthe stata Attorney In 8.JJd tor the. Sixth JucUc1a1 C:1rcu1 t o:t p,1ClrIdanot less thaD eIghteen day,s prIOr t() OctoberlB'~, 1951. the, dateti.xed by said Order t'or the hearing 1n this cause~ and sa1 d Ordar 1n the t'orm ot' a Notice yaspublished by the Clerk or this Co~tln the Clearlfatersun a legally qualIt'ied newspaper pub11she~ in the Cityot' Clearwater, Plorida. on September 28, 1951, Cctober 51 1951, and. October 12, 1951. SECOND: That Petitionerl the City o:t Clearwater, ill a nmnioipal corporation situateq10"P1nellu CountYI Plor1dal I.lld 111 gOTerned b;r a ~gi"slat1TeCharter, ~1I1g Chapter 9710, Speoial Acts of Florida of 192.3, and acta aJ:II.&:cda:tOI7 thereo:C and supplemental .' .' CD' 25'9~~;l99~'---'- 1JP13SS there-to. THIRD: That the City or Cl.8arwa ter now owns the land, premises and water rights in oS aid C1 ty"known as Land Lot 2, 'the West one-halt ot ~and Lot 5, all or Land Lots 7 to 13, inclusive, and Water . . '". . Lot 1 of the City Park SUbdivision, Ciearwater Beach I8ls.nd" Clearwater" FlorIda ()Vhichsaid land" premises arid water rights, together with the .improvement:! constructed and to bEf C oestructed thereon, including thB Commercial Recreational Building and a pier here'lna1"ter re.ferred to. ,are hereinafter re.ferr~d to, as. "Projectn ), and thB: t the revenues deri ved apd to be derived trom the ..fees. rentals, arid other charges 1:or the use and occupancy 01: said ProJect" or partsthereo:r,'are not. ple dged or encumbered 'In any manner. , , ,FOURTH: . That the constructiC\D. improve~neDta:nd eqUipment. , ". ,01: thecommerd 81 and Recreational BuildJ.ng and' a pier (he'reinartf)r' , " " . .'.. . . . . , called "Yacht 'Basin Fac.ll1tle-s") within.the'area ol"the Project. 18' Impera.tlve Inorder to, pr.es8rvethe publJ.c :.health. sa.t~ty and wel'-'. . " . ., . 1:a1'801: the- Citizens' andlnhabit~ts- 01" s-aid City and 'it is es~entlal. to 'thaphyslcal and econoMic welf'areol'.sald CltYand the citiZens .arid Inha'b1tantsthereol" that said Yacht 'Basin Fac11itiesbe construc_ :'. ted, imp.roved and equ~PPedas provided in the Ordinance or 'the . . .. . .J ." , ..", . . . . . Ci ty. or Clearwater hereitla.1"tor .reterred t o~ Citt- . . C omnrl. s s1 ozi o.f the ....... ... . FIFTH: That the .estimated revenues otsaid Project will 'be su1:.ficient in each ri8ca1 year to paytha principal or and inter- . . est on the Yacht Basin Revenue Certit:tcates berelnatteI" de~cribed, the a;q>anses or operatIon and maintenance or said Project and .for the payment of reserve and other tundsprovided .tor in t he Ordinance authorizing the issuance 01' said Certlrlcates harelnatterrel"erred .to. . SIXTH: That authority is cOn.ferreduponthe City or -2- '.' " CD 259.. 500' DP LsSS , )" ''"--'' Clearwater b;ytho Constitution and statuhs otthe State ot Florida, including, the .etoresud Charter ot said Cit;y. to construct~ improve, and equip. said Yacht BasiJi Facilities within the area ot 'the Proj~ct . , as provided in the Ordinance adopted b;y the. Cit;y Commission ot the City of Clearwater on September 10, 1951, attached to the PetitiOn . . . .' . . "herein as Exhibit A.~and that said Ordinance con~t1tutes valid and legal authority tor the' construction, ,1mproveinent <\Uld equ:lpnent ot, ,said Yacht Basin tacllities~ SEVENTH: ,That authority is conferred upon the City ot Clea:r-- ,water by the Constitution and statutes ot the State of Florida, including ,.' the ai'oresaidCharter: ot. the Cit;y,' to'issue. the Yacht' Basin'Revenue . . ' - CertHicates her~inatt~r described lor the purpose ot tinancingthe' construction, "1mprovement and equipnent ot said Yacht Bas~n Facilities, and rei'uncti.rig :the outstandUig certificates ot "an issue. ot'~11.5, 000 . - - . . , ' COClllerciaJ.' and. Ya.chtBas1n Revenue Cert;i!'icates datedJu1,y 1,' 1950, " . . , . . . '. . together w:ith all earned interest .thereon and ~o :requ1rethe surrender . . ' . . . ,'. . . >ot eacband allQol' Sa1dRev~ue .Cert.tticates together with al.}; unpaid . and Unmatured ~terest coupons 1S~ued' ~th sa1dCe~i!1cat.es; "that the ". . . . ..' . . . . City' is not required bi'lav to have the issuanc~ot said' Certi.!'icatelf .: "approved by a majorit.7ot thevot.es cast inB.ri e1ection. in -.m~cJi i., , majority ot the freeholde~:who are qualified electors residing in tho City ot Clearwater participated, and that the issuance orsaid~ Certit1cates pursuant to the provisions ol'd the Ordinance' ot' theC1ty ot Ciearwater, ~ttached to the Petition 'herein as EXhibit A, will not violate. the provisi~ns of Section 6 of Article ~ of the Constitution of the State ot' f.1orida,or anT other provisions thereof. EIGHTH: That the Ordinance of the City ot ClearWater, at.tached to the Petition herein as Exhibit A authorizing the construction, improvement arid . equipnent of said Yacht Basin Facii.1tle~, the ret'unding ot said o'.ltstandh& Certificates and authorizing the 1s:lUAnCe ot the Yacht BaBin.&"venue Cert.iti- cates hereinafter described, 'liaS legal..lT and valid1;r er.acted by' the City C~ssion of the Cit;y of " /f.: en' 25-9~ PAGE-S'Of - '~- ..iJ~ J3ss ... . . Clearwater pursuant to the requirements of and' procedure required by the Charter ot said City. NINTH: " That pursuant to and in accordance with th8 pro- visions. of the Constitution and statutes at' the state of Florida and particularly the at'oresa.!d' .Charter of the Ci ty of Cleans. ter~ the City COmm1s~i on ot'theCi ty ot' oiea~wa.ter heretot'orein its ,corpor_ , , " " '. ," ate capacity and as the governing authorityot' said City did by , . Ordinance duly 8...'ld legally ,enacted at a meeting beld on the 10th. . . , . . . . . day of- September~ 1951~ authorize and- providei for the issuance and sale of interest bearing Yacht Basin Revenue, CertU'icates ot' said City in the asgregate princip~lmnount .6f:Three Hundred TwentY-Fiv& Thousand Dollars ($325.obor to be,. dated JUl.yl, 1951~ ot'the denOm:1n- . . ation ,of $1,000 ea.ch, , tobe n'umbered1 to 325. Incluslvs.t to me. ture ' , serially -in numerical order:, 1 c;'we st numbers first~ on July 1 ot' . . . ." . . . , -~." " . , . each Y~ar;!~5.000 In each or the yeara.1952 to 1956. 'inclusive. ! $10~OOO in each ot' ,the, years 1957 '1;0 1965~hiclusive. and .$15~ooo in each of the years 1966 to 1979., inClusive. to bea.r 1ntere'st at a rate not exceedlngtbe legal'rate.wltb bo'th prillcipal and semi- annual intere~t (.janUary 1 and Ju17 1) payable- at the. princIpal office of the Chase Natlonai Bank of theei tyot' New Yo~k. New York 01 ty, New York and callablaas provided in said 01'dinance ~ all or which 1smore fully set t'orthinthe eertit'ied copIes of the proceed~ 1ngs ot' said City Commission and the certit'led cOpies. ot' sald 01'd1nanc,a~ attached to t'le'Petit1ont'1lad herein"as Exhibit A. and by proper ret'erence made a part or said Petition. TENTH: That said Yacht Basin Revenue Certit'lcates w11l be payable solely from the nat revenues ot'. said Project. inclUding the Yacht Basin Facilities, in' the manner provided in said Ordinance and shall not constitute an indebtedness ot' t~ City ot' Clea.rwater, and no holder or bolders of any ot' said CertLf'icates, prof any _I.' DP- ) 355 coupon appertaining th~reto"Bhall ever have the right to require or compel the' exercise of the tu:lngpower o~ the City tor the payment . ot the principal 01' or interest on said Certificates. ELEVENTH: That said City has power to; and in said Ordinance has" validly and le~allY pledged the net revenues to be deri ved from the ai"oresEi.1ci ProJect, including. said Yacht Basin Facilities to: the paymentot the. principal 01' andinter~stoJi said YachtB8Bln Revenue Certit~cates and the pledge ot and, lien on said net revenue:sin favor. ortlie holders of .sai,d Certi.f1oates ~hAll con-. . ' stftute. a 1'irst pledge of and 11en, on said net revenUes. TWELFTH: 'Tilat. the Pet! t10n tiled barein is 1n proper , . , . , '" . . . . 1'orma.nd the Yacht .Basin Rev~nue Cert1.t'1cates du'cribed there1n 'and , . . , the proceedings pr~liin1na.r.,.. to the issuance ther$ot' are. of such. " character.as to entit;1.e, the Petitioner to pl-oce~ci under ,theprovi- .sions Of Chapter 7S"Flor1dastatutes". .i941 " tor the Judicial deter- ,. m1nation ofthevalidi.t,. ot,sa1d,Cert1fic~tesand 0.t'theproc8edings . . '. , . authorizing thsirissuance ..and sale.. .j . '. ." -' : . , i' . THIRTEENTH:. That. dUe, ,arid proper notice addressed to. the- '. . . state otFlorids.ai:1d the several, propert,. 'oWners, ta.xpaiers~ ~i t1zens: . an~ other having or cla1~ng any right, titleor-.inte:r~8tinthe' property to be ai"fectedb;Y: the. issuance by the City.ot Cl~arwater of' the Yacht Basin Revenue Certificates hereinbefor~ described" was' , '. duly published by the Clerko!'. this CotU't in a newspaper published and ot general circulation in the C1 t7 of Cl8 arwater, Florida, once each week tor three con.gecut1.v~ week8~ tha first publication be1ng not le.9s than eighteen days prior to the date of the hearing herein, a.s reqt:.1re d by laW:jall as more tul17 appears 1n the a;f'1'idavi t 01' the publisher 01' the Clearwat.er Sun, heretofore tiled intbia Court. FOURTEENTH: That the state A.ttorneyhasfiled an answer which raises no objections to the validation 01' said :Yaoht Basin ... ",11 .' 'fbJP 1355 ,. . . Eevenue Certi.ficates, and that, no citizen or other person, .firm or borp-oration other' thazi, thePeti tioner' a.nd the Stah Attorney hu ,-.appear&d in this proceeding or madEt appliea tiOD' to become a party hereto or ,1'iledany motion or obJe-ctloD to the granting o.f the_ -re11e1' prayed 1'01' in the Pet:l.tion. ~ FIPl'EENTH:' That - the Oi t:7 o:.f Clearwater. haa authority under the Constitution and statutes ot' the state ot' Florida, particu,- "larly the - Charter 01' said C1. ty i to construct, improve and equip th., , , l1!'oresald Yacht Basin, Facili t.1es and tolssue said Yacht Basin' RevElnue Certl.tlcates to,' :.finance the costs thereo:tand to re1'und said outstanding Certit'l~ate~~ dated Ju1y 1, 1950,and the proceedings taken by said City through 1.tos City CoInm1ssion :tor such purposes are regular and valid. SIX'rEENTH:' ThAt no caus-e has been shown' by the Answer or the ste.'lttl Attorney; .01' otherW'1..se, whY the .prayer o:t the Pet! tion ,- . . should not be granted. and. the ,Yacht 0 Basin Revemie' Certificates de- scribed above and in the Pet1. t:1onherl'in, should not be validated and c oni'irme d. , - providing !ortbe construct1 on~ lmprovement..and e~uipment o.f the . . ' - '. . . .. proceedings' o:t' theOl1:yCommission ot'-.tbeCi ty or c~ear'-;ater, . Flori'de, ,""IT _ IS ,THEREFORE O~ERED:.ADJUOOED A1lD DECREED that the -, - , Yacht Basin Faeil1ties, the re:t'und1ng o.f said outstanding Certi:t1- ,cates, and authorizing the .1s'.suance ot' Yacht Basin RevenueCe.r'ti.fi_ cates in the amount o~'Thr~e Hundred TwentY-Pive ThOUsand pollars ($325,000), more particularly described above and in said Petition, "Were authorized by law and wore duly and regululy taken; that all provisions 01' the Ordinance of' "tbe C1. ty o:t Clearwater, attached to the Petition herein as~b1.~ A, are within the layrul authority ortha C1 ty of Clearwater to .make and are valid and binding, and that said YacbtBasln Revenue Certlricates in the amount o:t Three -6- .,r ",1 CO' 259 PAaE50 jJ~ 13sS Hu:adredTnnty Five Thousand Dollara ($325,000), d.ated July 1, 1951, the proceeding.s authorizing the HBuan~eand aale. ot' said Certit'leatea . . and the construction, improvement and equipment or said Yacht. Basin Fae1H tie s as in said Ordinance and proce~d1nga provided, -are hereby validated and ~on:rlrmed. Tha. t tha Clerk or this Court be and h~ 1a hereby ct1rected , t; ~ r~~ ;7: ~"; ~ ..' ~ ~ ..: .', to. sign a certificate on. the back ot' each ot' saId ~a_ept ~aaln - . : . -: _:. .::' : . .t.. ~. Revenue Certi1'lcatea to' the et'reot that said' Cei-tit1catea have beeh ,. ...,.' .. .;,. .. l. , ~ ! . validated and oon1'lrmed by decree or tli1..s Court', a.nd ;sa1~d Cl~~k .is f ! : ... ~ ,: . .J : ,..;: hereby t'urther directed toa1't'1xthe seal ot' sald;" 90Urtbo a ucb . f: '. ., c~rt11'1cate on each ot' said certit'lcate8.prov~deii: B\i~h 'q~rtl1'lpa~e , " '-'., ;. ; : sliallnot be sO signed and sealed 1f1 tb;1n twent:r. (~O'f ~y~ .(rter' the '.. . '_ p _ t..: ~:;, "': ., ," .; .: date of this decree and~l~~lS. 0;;' appeai or b1.~ .;e1:;,~x:ce~t~on8;be: .... -; - : ~ ') !~: ..~ .' ,,- , ' ~: : j; ',::~l : ~ .::'...:. "- ~', ' ADJ1lDGED ANDDECREEuitt:dt~t;r, il..o/lda, ,1951. riled 1n this cause.' OO~JI ORDERED, , .7:t-..' ./? .. day 01'-. .r I this OCtober FlIed lor record tJf<<A;{jI-1:I_ at .gztpf} ~t?1~ Irs 'rbe 000k 1e.J Um AL1d Ihe re.eord T&r If I No JILLIAM ClU1flO1U> . 00 e PlDellu Cooah_ "....,,,. __ ~_ ~ _ .t ~rk.ol l1Ie Clrcvlr Corrrf. { .~J: (') CD Q) ~ - CD .., ~ Q) .., :i' Q) o o t1\ S" ee m Q) en - Q) - " c CD o o (') t1\ Q) :J a. m Q) en - -I OJ :J en CD" :J - o o (') t1\ ({ ",' (") CD Q) ~ Q) - CD .., s: Q) :J. :J Q) - o o 2S: :J CO en o c: - ::r - o ~ Q) a.. en CD Q) (') Q) "C - Q) :J s: o - CD .' ., . ('") CD Q) ~ ..... CD .., s:: Q) ~. ::J Q) 5" o 25: ::J CO en :E ..... o ~ a G) c: :::;; o ...... s:: CD ><. C') o It .r (') CD Q) ~ Q) ..... CD .., s: Q) :J. ::J Q) s: Q) ::J CJ o (') " o o 2S: ::J to (J) o c: ..... ::T () CD Q) ~ Q) - CD .., s: Q) :::::!. :::J Q) -i Q) - CD :::J a. o ..... s: Q) -. :::J o o (") " .' , . m ~ CD :J ~. o :J a s:: 0). :J o o (') " - o ~ a. - =r CD m 0) en - / ]{' m ~ CD :J ~. o :J o ...., s:: 0) -. :J o o (') " - ~ 0) a. - =r CD ~ CD en - .' ..' () CD 0) ~ CD .., s:: 0) .., S" 0) s:: 0) S" o o (') " (') o en CD c "'C ,'. 1- l't :..1 Chart 11411 3rd Ed., Jan. 24/87111 Published at Washington, D.C. U.S. DEPARTMENT OF COMMERCE NA TIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION NATIONAL OCEAN SERVICE " ~' MERCATOR PROJECTION AT SCALE 1:40,000 SOUNDINGS IN FEET MEAN LOWER LOW WATER NORTH AMERICAN 1927 DATUM HEIGHTS Heights in feet above Mean High Wafer. AUTHORITIES HYdrography and topogrophy by the Notional Ocean Service, Charting and Geodetic Services with additional data from the Corps of Engineers, Geological Survey, and U.S. Coast Guard. SUPPLEMENTAL INFORMATION Consult U.S. Coast Pilot 5 for important supplemental informalion. CAUTION This chart has been corrected from the Notice to Mariners published weekly by the Defense Mapping Agency Hydrographic/Topographic Center and the Local Notice to Mariners issued periodically by each U.S. Coast Guard. district to the date shown. in the lower left hand carner. WARNING The prudent mariner will not rely solely on any single aid to navigation, particularly on lIoating aids. See U.S. Coast Guard Light List and U.S. Coast Pilot for details. AIDS TO NAVIGATION Consult U.S. Coast Guard Light List for supplemental information concerning aids to navigation. RADAR REFLECTORS Radar reflectors have been placed on many lIoating aids to navigation. Individual radar reflector identification on these aids has been omitted from this chart. For Symbols and Abbreviations see Chart NO.1 COLREGS. International Regulations for Preventing Collisions at Sea, 1972 Demarcation lines are shown thus: _ _ _ _._ NAUTICAL CHART DIAGRAM 1411 3rd Ed., Jan. 24/87 OJ "" . "- "- "- ~ ~ '" '" ~ ll"l ll"l "- !D "- 0 N ll"l ~ @~ !D '" ll"l "- ~ ll"l "- !D "- '" 0 ll"l "- N CO 0 ll"l N !D "- N !D ~ -J -J en '" llJ t.D ~ ~ 0 -.... N ClCl '" ii: 0 ll"l 0 N !D N ~ "- '<'..s.- N !D ~o-..s.- ~ ~.>. 0 <D to '" ~ !D !D ~ en '" <D U) ~\ ~ ...... tn ll"l "- -<1 ll"l M '" If) ""- ~ co N ll"l 0 \ ~' ~ l'. V Wade-Trim Building relationships on a foundation 0, excellence August 24, 2004 Mr. Michael D. Quillen, PE City Engineer City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 Re: Clearwater Beach Marina Master Plan Dear Mr. Quillen: Wade- Trim is pleased to provide the City with an estimate to prepare a master plan for the redesign of the Clearwater Beach Marina. Understanding that the existing marina envelope will remain constant, the master plan will consist of maximizing the number of boat slips by evaluating alternative configurations and determining the best design that suits the market demand. A magnitude of construction costs will be prepared for the select design including other amenities consisting of a floating concrete dock system, new restrooms, and providing full utility services at each slip. The commercial vessels will remain in their existing locations with possibly upgrading the fixed docks along the seawall. Our estimate to prepare the marina master plan and associated tasks is approximately $75,000. Thank you for the opportunity to assist the City on this assignment. Should you have any questions concerning this estimate, please do not hesitate to contact the undersigned or Mr. David Gildersleeve at 813.882.8366. Si -- Gregory . Trim, PE Associate GST:ajb AAA1000.04 P:1AAA1000\Gtrim\Final\Clearwater Beach Marina Mater Plan Fee Estimate 082404.doc cc: Glen Bahnick, City of Clearwater William Morris, City of Clearwater David Gildersleeve, Wade-Trim Engineering . Landscape Architecture . Planning . Sciences . Surveying FL LC Reg. No. C000121 IIJ11,."IIri4'lB r~'l IIlb.. "I [== ] Ii. ",.,,1'11' AI ....;.;,lIIIIIlII 4919 Memorial Highway. Suite 200 . Tampa, FL 33634 . 813.882.8366. 888.499.9624 . FAX: 813.884.5990 . www.wadetrim.com .. 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 1 ~. ~-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 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 (1ocal governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state fmancial 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 2l5.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. . If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non- state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS There are no other audit requirements. PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. Pursuant to Section .320 (t), 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 PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf ofthe recipient directly to: The Commission the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director by phone ~t (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 ." .f 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 $60,000.00 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 Jf ,,. ATTACHMENT D r;;:;,)1( " . '....~. ... . ..... ::".1 ... '"..."" 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 per s. 216.349, 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: 1"- - ~ ATTACHMENT 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. Due by the 15th of each month FWC Contract # MonthlY ear: 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, 2005? YES NO (UNo, please explain any problems encountered and/or possible delays) Project Manager Date Page 1 of 1