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1558 Florida Fish & Wildlife Marina Day Slips155g PUBLIC WORKS DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk RE: Request for Services The item(s) noted below is /are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution City Comm Item I ® City Attorney's Initials _ ® Finance Director's Initials ® Purchase Manager Initials Mayor's signature Recording Rendering Safe keeping (Vault) u Once completed, please: ❑ Return original ❑ Return copy El Special Instructions: 0 Please advise if you have any questions regarding the above. Thank you! (i From Date F ISH AtiJ . OP d�0 �r O v� I'll C ar pry p� Florida Fish and Wildlife February 1, 2013 Conservation Commission Commissioners Marc Hultin, Manager Kenneth W. Wright Parks and Grounds Chairman Sanford Marina Day Slips Winter Park City of Sanford Kathy Barco P.O. Box 1788 Vice Chairman Sanford, Florida 32772 -1788 Jacksonville Ronald M. Bergeron Fort Lauderdale RE: Contract No. 12243 Richard A. Corbett Florida Boating Improvement Program (FBIP) Grant Agreement Tampa Sanford Marina Day Slips Aliese P. "Liesa" Priddy Immokalee Dear Mr. Hultin: Charles W. Roberts III Tallahassee Enclosed is an original of the fully- executed Agreement for the FBIP project Brian S. Yablonski Tallahassee referenced above. Please note that work on the project must begin within 90 days of the execution date, January 29, 2013. Executive Staff Nick Wiley Also, Project Progress Reports are due monthly. These reports must be Executive Director submitted on the form enclosed as Attachment B to the Grant Agreement. Greg Holder Assistant Executive Director If you have any questions or need further information, please call me at Karen Ventimiglia Chief of Staff (850) 617 -9559, or e -mail tim.woodv @MyFWC.com You may also contact Katrina Thompson at (850) 617 -9593, or email katrina.thomi)son@MyFWC.com Division of Law Enforcement Colonel Jim Brown Sincerely, Director (850) 488 -6251 --f L & 6 (850) 921 -6453 FAX Wildlife Alen Tim Woody Program Administrator 888 -404 -3922 or Florida Boating Improvement Program Up@myfwc.com Boating and Waterways Section Managing fish and wildlife resources for their long -term /tW well -being and the benefit Enclosures of people. 620 South Meridian Street Tallahassee, Florida 32399 -1600 Voice: (850) 488 -4676 Hea ri ng/speech -impai red: (800) 955- 8771(T) (800) 955 -8770 (V) MyFWC.com FWC Contract No. 12243 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 SANFORD whose address is 300 North Park Avenue, Sanford, Florida 32771 -1244, hereafter "GRANTEE" to conduct a phased project entitled Sanford Marina Day Slips, hereafter "Project," using funds from the Florida Boating Improvement Program, hereafter "Program." WHEREAS, this COMMISSION grant is authorized and awarded under Section 206.606(1)(b)l., Florida Statutes, and 68- 1.003, Florida Administrative Code; NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: PROJECT DESCRIPTION It is understood and agreed that this Project shall consist of two phases: Phase I — Project Construction, and Phase II — Ongoing and Continuous Management. During Phase I the GRANTEE shall complete the tasks as described in Attachment A, Scope of Work, and Florida Boating Improvement Program (FBIP) Grant Application No. 12 -038, incorporated herein by reference. During Phase II the parties shall cooperate in the ongoing and continuous management of the Project under the terms and conditions provided herein. All project activities must be completed during the time span provided herein for that portion of the Agreement. 2. For the entire term of the Agreement, the GRANTEE shall provide and be responsible for any and all costs associated with ordinary and routine operations and maintenance of the Project, including any and all personnel, equipment, service or supplies costs beyond the costs approved herein for reimbursement. PERFORMANCE 3. The GRANTEE shall commence work on Phase I of 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 may result in termination of the Agreement by the COMMISSION. 4. 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. 5. The GRANTEE shall perform the activities described in the Scope of Work in a proper and satisfactory manner as determined by the COMMISSION. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project, including the construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. 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. 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. 6. 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 Page 1 of 9 FWC Contract No. 12243 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. 7. 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. MONITORING 8. The COMMISSION will monitor the GRANTEE'S service delivery to determine if the GRANTEE has achieved the required level of performance. If the COMMISSION at its sole discretion determines that the GRANTEE failed to meet any of the Terms and Conditions of this AGREEMENT, the GRANTEE will be sent a formal written notice. The GRANTEE shall correct all identified deficiencies within forty -five (45) days of notice. Failure to meet 100% compliance with all of the Terms and Conditions of this AGREEMENT or failure to correct the deficiencies identified in the notice within the time frame specified may result in delays in payment or termination of this AGREEMENT in accordance with the Termination section. 9. The COMMISSION may inspect the Project site prior to and, if applicable, during the construction of the Project. The GRANTEE shall notify the COMMISSION's Program Administrator when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice. The COMMISSION's Program Administrator, or designee, shall inspect the work accomplished on the Project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. 10. The GRANTEE shall allow unencumbered access to the Project site to the COMMISSION, its employees or agent for the duration of the Agreement for the purpose of site visit or inspection to verify the facility is being maintained, in operation and is open and available to the public. As part of the inspection, the COMMISSION may request maintenance and use information from the GRANTEE to validate the condition of the facility. REPORTING REQUIREMENTS 11. The GRANTEE shall submit to the COMMISSION, on a quarterly basis, project progress 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 Project Progress Report Form attached hereto and made a part hereof as Attachment B. Reports are due to the COMMISSION's Program Administrator by the 15 of the month immediately following the reporting period until the Certification of Completion is submitted. 12. Upon completion of all tasks described in Attachment A, Scope of Work, the Project Manager for the GRANTEE shall sign a Certification of Completion form, Attachment C, attached hereto and made a part hereof, that certifies the Project was completed in accordance with the Scope of Work and the Agreement. SITE DEDICATION 13. The GRANTEE agrees to dedicate the Project site as a boat access facility for the use and benefit of the public for the duration of the Agreement, as specified in Attachment A, Scope of Work. Such dedication must occur before any grant funds are reimbursed. A Site Dedication Form is included as Attachment D as an example for form and content. Land under control other than by ownership by the GRANTEE (i.e. lease, management agreement, cooperative agreement, inter -local agreement or other similar instrument) shall be managed by the GRANTEE as a boat access facility for the duration Page 2 of 9 FWC Contract No. 12243 of the Agreement. Title to all improvements shall be retained by the GRANTEE upon final payment by the COMMISSION. 14. Should the GRANTEE convert all or any part of the Project to other than COMMISSION approved uses within the term of the Agreement, 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. 15. Site dedication survives any contract termination. If mutually agreed upon by both parties in writing the site dedication may be rescinded. The COMMISSION shall waive the site dedication requirement if no program funds were dispersed. TERM OF AGREEMENT 16. This Agreement shall begin upon execution by both parties and end June 30, 2034, inclusive. However, the GRANTEE shall complete all tasks described in Attachment A, Scope of Work, on or before June 30, 2014. 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. 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 tasks described in Attachment A, Scope of Work, 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 $200,000. 19. The GRANTEE agrees to provide 50% of the total cost for Phase I of the Project as indicated in FBIP Grant Application No. 12 -038, incorporated herein by reference. The total compensation by the COMMISSION shall not exceed 50% of the total cost for Phase I. PAYMENTS 20. The COMMISSION shall pay the GRANTEE for satisfactory completion of the tasks in Attachment A, Scope of Work, and upon submission of an invoice, accompanied by required reports and deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Program Administrator. The reimbursement request must be submitted within 30 days after completion of all tasks described in Attachment A, Scope of Work. The request for reimbursement shall include an invoice in a format similar to Attachment E, Sample Invoice Form, and shall include the FWC Contract Number, the GRANTEE's Federal Employer Identification (FEID) Number, indicate the dates of service, and be accompanied by the Certification of Completion with photographs to document project completion, and supporting documentation showing proof of payment for all project expenditures. An original and three (3) copies of the request for reimbursement 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 Page 3of9 FWC Contract No. 12243 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 F. 24. The COMMISSION shall have 45 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. 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 28. 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. The COMMISSION may terminate this Agreement at any time with or without cause by a written notice by certified mail, return receipt requested, from the COMMISSION to the GRANTEE. Upon receipt of such notice, the GRANTEE shall, unless the notice directs otherwise, immediately discontinue all grant activities authorized hereunder. 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. 29. Either party may terminate this Agreement by giving written notice to the other party, at least 30 days prior to the termination date, by certified mail, return receipt requested. The COMMISSION reserves the right to restrict any or all payment of Program funds if the Agreement is terminated at the convenience of the GRANTEE. 30. The PARTIES agree that site dedication survives all termination of this agreement as provided by paragraph 15 above. 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. Page 4 of 9 FWC Contract No. 12243 NOTICES 32. Any and all notices shall be delivered to the parties at the following addresses (or such changed address or addressee as may be provided by notice). A notice or other communication shall be deemed received by the addressee on the next business day after having been placed in overnight mail with the U. S. Postal Service, or other overnight express service such as FedEx, UPS, or similar service. Notices sent by means other than overnight delivery shall be deemed received when actually received by the addressee: Proiect Manager for the GRANTEE: Marc Hultin, Manager Parks and Grounds City of Sanford P.O. Box 1788 Sanford, FL 32772 -1788 Phone: (407) 688 -5000 Fax: (407) 688 -5083 Email: marc.hultin @sanfordfl.gov AMENDMENT OR MODIFICATION Contract Manager for the COMMISSION: Tim Woody, Program Administrator Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section 620 South Meridian Street Tallahassee, FL 32399 -1600 Phone: (850) 488 -5600 Fax: (850) 488 -9284 Email: fbip@MyFWC.com 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. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g., specifications, schedules, method or manner of performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 34. The GRANTEE shall perform as an independent party and not as an agent, representative, or employee of the COMMISSION. 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. 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. 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 Page 5of9 FWC Contract No. 12243 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. PUBLIC RECORDS 38. All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 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 principles. 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. PROHIBITION OF UNAUTHORIZED ALIENS 43. In accordance with Executive Order 96 -236, the COMMISSION shall consider the employment by the GRANTEE of unauthorized aliens a violation of section 274A(e) of the Immigration and Page 6 of 9 FWC Contract No. 12243 Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the GRANTEE knowingly employs unauthorized aliens. EMPLOYMENT ELIGIBILITY VERIFICATION 44. The GRANTEE shall enroll in and use the U.S. Department of Homeland Security's E- Verify Employment Eligibility Verification System (http: / /www.uscis.gov /portal /site /uscis) to verify the employment eligibility of all new employees hired by the GRANTEE during the term of this Agreement. 45. The GRANTEE shall include in any subcontracts for the performance of work or provision of services pursuant to this Agreement the requirement that the subcontractor use the E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 46. The GRANTEE further agrees to maintain records of its participation and compliance with the provisions of the E- Verify program, including participation by its subcontractors as provided above, and to make such records available to the COMMISSION or other authorized state entity consistent with the terms of the GRANTEE's enrollment in the program. This includes maintaining a copy of proof of the GRANTEE's and subcontractors' enrollment in the E- Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation menu of the E- Verify employer's homepage). 47. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the COMMISSION may treat a failure to comply as a material breach of the Agreement. NON - ASSIGNMENT 48. 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. Any such assignment or attempted assignment shall be null and void. REMEDIES 49. 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 50. 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 51. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. Page 7 of 9 FWC Contract No. 12243 JURY TRIAL WAIVER 52. As part of the consideration for 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, or with the products or services provided under this Agreement; including but not limited to any claim by the GRANTEE of quantum meruit. PROPERTY /EQUIPMENT 53. 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. FEDERAUFLORIDA SINGLE AUDIT ACTS REQUIREMENTS 54. 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 G, titled Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the Agreement, as applicable. 55. 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. ENTIRE AGREEMENT 56. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. (Remainder of page intentionally left blank.) Page 8 of 9 FWC Contract No. 12243 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. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Executive Direc or, or designee Date Lt. Col. Michael Wiwi, Deputy Director C (( 7% oT SAN 4o r � Grante Name 1 t J a 8o Address S jA N-�� ►mod , ( Z .7 7 City, State, and Zip Code '59 • (0 � L4 ;a 5 Federal Employer Identification Number (FEID) Approved as to form and legality: F9C �"irjofA ";di ex Inn' 4, F i / 7 Name (Print) Approved as to form and legality: A e �✓ CommfSs56r7AttorKey List of attachments /exhibits included as part of this Agreement: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Exhibit 1: Scope of Work Project Progress Report Form Certification of Completion Form Site Dedication Form Sample Invoice Form Comptroller Cost Reimbursement Requirements Federal /Florida Single Audit Act Requirements Funds awarded pursuant to agreement *If someone other than the Mayor signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the local governing body must accompany the Agreement. 772F5 T: � n1 r pough er-T C I 't r� Page 9 of 9 o f r; a) LQA Name (Print) FWC Contract # 12243 SCOPE OF WORK Sanford Marina Day Slips INTRODUCTION ATTACHMENT A Over the past few years, the City of Sanford has completed major redevelopment projects in its downtown area and to the Sanford Marina located on Lake Monroe. The purpose of this project is to provide additional mooring for transient, day use only at the Sanford Marina. The City of Sanford will construct a floating dock facility to provide 10 slips for transient vessels. The additional moorings will allow boaters on Lake Monroe and the St. Johns River access to Sanford's Veteran's Memorial Park, Fort Mellon Park, Historic Downtown Sanford, and the Downtown Riverwalk. This project shall consist of two phases: Phase I — Project Construction, and Phase II — Ongoing and Continuous Management. During Phase I, the City of Sanford, (GRANTEE) shall complete the tasks in this scope of work. During Phase II, the GRANTEE and the Florida Fish and Wildlife Conservation Commission (COMMISSION) shall cooperate in the ongoing and continuous management of the Project for the term of the Agreement. TASKS Task 1 — Procurement The GRANTEE shall be required to procure goods and services through a competitive solicitation process in accordance with Chapter 287, Florida Statutes. The GRANTEE shall forward one copy of any solicitation to the COMMISSION's Program Administrator for review prior to soliciting for quotations or commencing any work. The COMMISSION's Program Administrator shall have 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. The GRANTEE shall forward one copy of the bid tabulation, or similar list of responses to the solicitation, along with the award recommendation to the COMMISSION's Program Administrator. Task 2 - Construction The GRANTEE shall provide all labor, equipment and materials to construct a floating, 10 -slip mooring facility for transient, day use only at the Sanford Marina as authorized by Florida Department of Environmental Protection Environmental Resource Permit No.: ERP59- 309271 - 001 -EI. The GRANTEE shall be responsible for completion of the following tasks: A. Construct amain floating dock that is 9 feet wide by 169 feet long with a 9 feet wide by 30 feet long terminal dock and an ADA compliant aluminum gangway. B. Construct five (5) finger piers that are 4 feet wide by 30 feet long Task 3 — Directional Siqns The GRANTEE, at its expense, shall purchase, erect and maintain directional signs, approved by the COMMISSION, on main public highways to direct public users to each boating facility funded through the Program regardless of which phase(s) the Program funded. The GRANTEE agrees to provide and maintain such signs at its expense for the duration of the Agreement. Failure by the GRANTEE to erect and maintain such signs shall be considered a breach of the Agreement. This requirement can be waived by the COMMISSION's Program Administrator, in writing, if the GRANTEE receives a written denial from the Florida Department of Transportation for the installation of the signs. Task 4 — Acknowledgement The GRANTEE, at its expense, shall acknowledge the COMMISSION and the Program as a funding source for the Project as described below. Any other form of acknowledgement must be approved by the COMMISSION's Program Administrator. Such acknowledgement shall be maintained for the duration of the Agreement. Failure by the GRANTEE to maintain such acknowledgement shall be considered a breach of the Agreement. A. Upon completion of Phase I, the GRANTEE, at its expense, shall purchase, erect and maintain a permanent sign, not less than three (3) feet by four (4) feet in size, displaying the Page 1 of 2 FWC Contract # 12243 ATTACHMENT A COMMISSION's logo acknowledging the COMMISSION as a funding source for the Project through the Florida Boating Improvement Program. B. The GRANTEE shall provide a draft copy of the acknowledgement sign for approval by the COMMISSION prior to displaying on site. Task 5 — Site Dedication During Phase I, and prior to the submission of any reimbursement request, the GRANTEE shall complete the Site Dedication, attached hereto and made a part hereof as Attachment D, or a similar document and record the dedication in the public property records. the recorded dedication must be submitted to the COMMISSION before any Program funds will be disbursed to the GRANTEE. DELIVERABLES A. A floating, 10 -slip mooring facility for transient, day use only at the Sanford Marina REPORTS A. Project Progress Reports The GRANTEE shall submit to the COMMISSION, on a quarterly basis, project progress 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 Project Progress Report Form attached hereto and made a part hereof as Attachment B. Reports are due to the COMMISSION's Program Administrator by the 15` of the month immediately following the reporting period until the Certification of Completion is submitted. B. Bid Package The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program Administrator for review prior to soliciting for quotations or commencing any work. The COMMISSION's Program Administrator shall have 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. The GRANTEE shall forward one copy of the bid tabulation to the COMMISSION's Program Administrator to ensure the requirements of Chapter 287, F.S., have been met. C. Photographs During Phase I, the GRANTEE shall provide progress and final photographs of any construction project documenting satisfactory progress and completion prior to requesting payment from the COMMISSION. Final photographs shall be submitted with the Certification of Completion form. D. Certification of Completion Upon completion of Phase I, the Project Manager for the GRANTEE shall sign a Certification of Completion form, provided by the COMMISSION, that certifies Phase I of the Project was completed in accordance with the prepared plans and specifications. INVOICES AND PAYMENTS For satisfactory completion of all tasks described above, the COMMISSION agrees to pay the GRANTEE on a cost reimbursement basis an amount not to exceed $200,000. The GRANTEE may submit a request for reimbursement within 30 days after completion of all tasks described in this Scope of Work. The request for reimbursement shall include an invoice in a format similar to Attachment E, Sample Invoice Form, and shall include the FWC Contract Number, the GRANTEE's Federal Employer Identification (FEID) Number, indicate the dates of service, and be accompanied by the Certification of Completion with photographs to document project completion, and supporting documentation showing proof of payment for all project expenditures. An original and three (3) copies of the request for reimbursement shall be submitted Page 2 of 2 FWC Contract No. 12243 ATTACHMENT B FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399 -1600 or fax to (850) 488 -9284. FWC Contract # Grantee: Project Reporting Period (Month/Year): (Due 15 days after the end of each month) 1. Describe progress of project, including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion by Phase I due date? YES ❑ NO ❑ Anticipated Phase I completion date: (If project is not on schedule, please explain any problems encountered and/or possible delays) 3. Reporting requirements: (Check all that have been submitted to date) ❑ Bid package ❑ Bid tabulation ❑ Progress photographs ❑ Final photographs ❑ Draft acknowledgement Project Manager Print Name Page 1 of 1 Date Phone FWC Contract No. 12243 ATTACHMENT C FLORIDA FISH AND WILDLIFE CONSERVATIO COMMISSION Florida Boating Improvement Program CERTIFICATION OF COMPLETION STATEMENT 1 , (Print Name and Title) representing (Name of Local Government) do hereby certify 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) WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." § 837.06, Florida Statutes. 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: Name: Title: Date: FWC Contract No. 12243 ATTACHMENT D SITE DEDICATION This Site Dedication gives notice that the Real Property identified as described in Exhibit A, Legal Description, attached hereto, (the "Property ") has been developed with financial assistance provided by the Florida Legislature, through the Fish and Wildlife Conservation Commission, under the grant program called the Florida Boating Improvement Program (FBIP). In accordance with Chapter 68- 1.003, F.A.C., and the Program Guidelines of the FBIP, the Property is hereby dedicated to the public as a boating access facility for the use and benefit of the general public for a minimum period of twenty (20) years from the date of this dedication. DEDICATOR Original signature Printed Name Title Date STATE OF FLORIDA COUNTY OF Witness Printed Name Witness Printed Name The foregoing instrument was acknowledged before me this _ day of 20_ by who is personally known to me or who produced as identification. Stamp: Notary Public, State of Florida FWC Contract No. 12243 Billed to: Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399 -1600 FWC Contract #: Amount of Grant Award: $ Invoice Date: ATTACHMENT E INVOICE Remit payment to: Grantee: FEID #: Address: PROJECT COSTS: Cost Items: Non -cash Amount In -kind service: Administration $ In -kind service: Project Management $ In -kind service: Other $ Cost Items: Cash expenditures Amount $ Total Project Cost: $ Grantee Matching Funds ( %): — $ 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: Date: Project Manager Page 1 of 1 Dates of Service: From: To: FWC Contract No. 12243 ATTACHMENT F Comptroller Contract Payment Requirements Department of Financial Services, Bureau of Accounting and Auditing Voucher Processing Handbook (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Page 1 of I FWC Contract No. 12243 ATTACHMENT G 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 Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a non -state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) Page 1 of 3 FWC Contract No. 12243 ATTACHMENT G or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non -state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part Il, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS There are no other audit requirements PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399 -1600 The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10` Street Jeffersonville, IN 47132 Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. Pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the Commission at the following address: Page 2 of 3 FWC Contract No. 12243 ATTACHMENT G Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399 -1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399 -1600 The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399 -1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: The Commission the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399 -1600 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director by phone at (850) 488 -6068. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. Page 3of3 FWC Contract No. 12243 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: Florida Fish and Wildlife Conservation Commission State Program: Florida Boating Improvement Program CSFA No.: 77.006 Recipient: City of Sanford Amount: $200,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Project activities must occur on public lands owned outright or managed under agreement with another party with lease terms exceeding 20 years. 2. Project activities must not create a boating safety hazard and /or increase the potential for damage to natural resources. 3. Recipient must comply with the Florida Boating Improvement Program Guidelines, March 2012. 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