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  County Administrator's Report     13. 16.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 01/21/2016  
Issue:    Grant Agreement (FWC No. 14079) for Perdido Bay Public Boat Launching Facility with FL Fish and Wildlife Conservation Commission
From: Chips Kirschenfeld
Department: Natural Resources  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning a Grant Agreement for the Escambia County, Perdido Bay Public Boat Launching Facility, Under the Florida Boating Improvement Program, with the Florida Fish and Wildlife Conservation Commission - J. Taylor “Chips” Kirschenfeld, Interim Director, Department of Natural Resources Management

That the Board take the following action concerning a Grant Agreement for the Perdido Bay Public Boat Launching Facility, under the Florida Boating Improvement Program, with the Florida Fish and Wildlife Conservation Commission (FWC):

A. Approve the Grant Agreement between the State of Florida (FWC) and Escambia County, FWC Agreement No. 14097, for the Perdido Bay Public Boat Launching Facility, under the Florida Boating Improvement Program, in the amount not to exceed $150,000, from the date of execution through December 31, 2036; and

B. Authorize the Chairman to sign the Agreement and any subsequent documents related to the acceptance, execution, reporting, and no-cost time extensions to implement the Agreement without further Board action.

Note:  The County Attorney's Office has requested that the Board be made aware of the following language:

* Paragraph 34, SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE, (page 17 of 20), last sentence, "Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues."
* Paragraph 36, JURY TRIAL WAIVER, (page 18 of 20), "As part of the 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 or with the products or services provided under this Agreement, including but not limited to any claim by the Grantee of quantum meruit."
 
Additional Note: At its meeting on March 6, 2014 (CAR II-3), the Board approved applying for a Florida Boating Improvement Program (FBIP) Grant for the design, engineering, and permitting of a new public boat ramp on Perdido Bay, located in the 10800 Block of Lillian Highway.
 
[Grant:  Fund 110, Other Grants and Projects, Cost Center to be determined at time of Supplemental Budget Amendment.  Maximum reimbursement of 71% not to exceed $150,000.  Match:  Fund 110, Other Grants and Projects, Cost Center 220807, Vessel Registration Fees.  Required Match of 29% is $61,267.61]
BACKGROUND:
At its meeting on March 6, 2014 (CAR II-3), the Board approved applying for a Florida Boating Improvement Program (FBIP) Grant. This was for the design, engineering, and permitting of a new public boat ramp on Perdido Bay, located in the 10800 Block of Lillian Highway.
 
The Escambia County Marine Advisory Committee designated Perdido Bay as a "high priority" waterway for providing public access. On September 2, 2012, the Board authorized the acquisition of property at the 10800 Block of Lillian Highway to construct a public boat ramps on Perdido Bay. The Board's approval of the property acquisition acknowledged that any funding for improvements would need to be through grants or included in the next round of Local Option Sales Tax (LOST) in 2017. These estimated cost for this project is $200,000 with up to $150,000 from FWC and up to $50,000 match (25%) from the County. In order to streamline the process, we are soliciting for design, engineering, and environmental permitting to avoid potential delays in the project completion.
BUDGETARY IMPACT:
Grant: Fund 110, Other Grants and Projects, Cost Center to be determined at time of Supplemental Budget Amendment.  Maximum reimbursement of 71% not to exceed $150,000.  Match:  Fund 110, Other Grants and Projects, Cost Center 220807, Vessel Registration Fees.  Required Match of 29% is $61,267.61.
LEGAL CONSIDERATIONS/SIGN-OFF:
This Grant Agreement was reviewed and approved, as to form and legal sufficiency, by Kristin Hual, Assistant County Attorney.
PERSONNEL:
No additional impact to personnel related to this recommendation.
POLICY/REQUIREMENT FOR BOARD ACTION:
Board Policy II.B.8.
IMPLEMENTATION/COORDINATION:
Department of Natural Resources Management, Marine Resources Division, will continue coordination with FWC on all activities associated with the Grant Agreement.

Attachments
FWC Agrmt 14097 PerdidoBayPublicBoatLaunch
ResumePage-03062014-FWC PerdidoBayPublicBoatLaunch

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