Item K24
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 May 2002
Division:
Growth Management
Bulk Item: Yes -X- No
Department"
Marine Resources
AGENDA ITEM WORDING:
Approval to provide up to $20,000 in match dollars (25% match) from the Boating Improvement Fund (BIF) for
an application from the City of Key West to the Florida Clean Vessel Act grant program for the purchase of a
pump-out vessel
ITEM BACKGROUND:
As part of support for the City of Key West's mooring field, in support of the City's No Discharge Zone
ordinance, and in support of the eminent establishment of a No Discharge Zone for all State waters of the Keys,
the City of Key West is submitting an application for funding to the Florida Clean Vessel Act grant program.
The City proposes to purchase a pump-out vessel. They are requesting to match the grant using BIF funds in an
amount of up to $20,000. These funds are appropriately used for such purposes and the Department of Marine
Resources and the Board maintains a BIF account for the City of Key West for such purposes.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
Up to $80.000
BUDGETED: Yes
No
COST TO COUNTY:
Uo to $20.000 (BIF Funds)
REVENUE PRODUCING: Yes
No l AMOUNT Per Month
Year
DOCUMENTATION: Included l To Follow
Risk Management ~
APPROVED BY: County Atty NA
Growth Management
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM NO.: /f2~
BC020S40.doc
04/26/02 12:09 PM
FROM GARRISON BIGHT CITY MARINA
PHONE NO. 305 293 6477
Apr. 30 2002 02:43PM Pi
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CLEAN VESSEL ACT GRANT PROGRAM
DEP Agreement No: LE389
for CV A 01.271
PROJECT AGREEMENT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee,
Florida 32399 (hereinafter referred to as the "DEPARTMENT") and the City of Kev Wes~ whose
address is 525 Anaela Streel, Key West1 Florida 33040 (hereinafter referred to as the "GRANTEE"), a
local government entity, to conduct a project located at 1801 North Roosevelt Blvd.. Kev We~
Florida 3~040 Which is approved under the Federal Clean Vessel Act Grant Program (CFDA 15.616,
entitled "Clean Vessel Act Program~).
In consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and GRANTEE do
hereby agree as follows:
1. The Agreement shall be performed in accordance with Public Law 102.587, the Clean Vessel Act
of 1992, and the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85)
WhiCh are hereby incorporated by reference as if fully set forth herein.
2. The GRANTEE agrees to conduct the project known as Clean Vessel Act Improvements,
in accordance with the terms and conditions set forth in this Agreement, the Scope of Work as
provided in Attachment A, and all exhibits and attachments referenced herein and made a part
hereof.
3. The GRANTEE agrees to complete the project on or before November 4. 2002. This Agreement
shall become effective upon execution and shall remain in effect for a period of five (5) years
from the date of project completion. The GRANTEE must make project facilities available to the
boating public on a first come first selVe basis for a minimum of five years after the completion
date of the project establiShed above.
4. The project completion date may be extended by change order issued by the DEPARTMENT
subject to the same terms and conditions, and the availability of funding. Request for extension
of time in which to complete the project described in this Agreement shall be in writing and shall
be requested at least sixty (60) days prior to the completion date as described in paragraph 3
above.
5. The GRANTEE shall perform as an independent contractor and not as an agent, representative,
or employee of the DEPARTMENT.
6. As consideration for the services rendered by the GRANTEE under the terms of this Agreement,
the DEPARTMENT shall pay the GRANTEE on a cost reimbursement basis as specified in
Attachment A of this Agreement. Maximum compensation available under this Agreement Shall
not exceed $50,000.00. The DEPARTMENT may not be invoiced for any work performed prior to
the execution of this Agreement or for any work performed after the project completion date
established in paragraph 3. All invoices for amounts due under this Agreement shall be
CVA 01-271 LE389
Page 1 of6
FROM GARRISON BIGHT CITY MARINA
PHONE NO.
31215 293 6477
Apr. 3121 21211212 02:44PM P2
submitted in detail sufficient for a proper pre-audit and post-audit thereof. No travel expenses
are authorized under the terms of this Agreement.
7. The GRANTEE shall submit a final invoice to the DEPARTMENT no later than
November 25, 2002 to assure the availability of funds for final payment.
8. The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature.
9. Each party hereto agrees that it shall be solely responsible for the 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.
10. This Agreement may be terminated by either party, for failure to perform by the non-terminating
party, by giving thirty (30) calendar days written notice to the other party, Said notice shall be
sufficient if delivered personally or by certified mail to the address contained herein. In case of
termination by the GRANTEE, only amounts accrued to the date of cancellation shall be due and
payable. In case of termination by the DEPARTMENT, the GRANTEE shall be responsible for
refunding program funds within sixty (60) days of termination. Failure to comply with the
provisions in this Agreement shall result in the DEPARTMENT declaring the GRANTEE ineligible
for further participation in the Program.
11, The DEPARTMENT shall have the right to terminate this Agreement and demand refund of
Program funds for non-compliance with the terms and conditions of this Agreement. If it
becomes necessary for the DEPARTMENT to demand a refund of any or all funds tendered
pursuant to this Agreement, the GRANTEE agrees to retum said funds to the DEPARTMENT
within sixty (60) days after notification by the DEPARTMENT. If not returned within sixty (BO)
days, the GRANTEE understands and agrees that any further GRANTEE requests for funding as
to this or any other program under the DEPARTMENT's administration shall be denied until the
funds have been returned.
12. Any and all notices shall be delivered to the parties at the following addresses:
GRANTEE
Alan Cradick
Project Manager
City Marina at Garrison Bight
1801 North Roosevelt Blvd.
Key West, Florida 33040
DEPARTMENT
Jan R. DeLaney
Project Manager
Division of Law Enforcement
3900 Commonwealth Blvd., M. S. 665
Tallahassee, FL 32399-2000
13. The DEPARTMENT reserves the right to inspect the project at any reasonable time and to have
reasonable access for such inspection by appropriate state and federal representatives.
14. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE
to allow public access to all documents, papers, letters, or other material made or received by the
GRANTEE in conjunction with this Agreement, unless the records are exempt from Section 24(a)
of Article I of the State Constitution and Section 119,07 (1), Florida Statutes.
CVA 01-271 LE389
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FROM : GARRISON BIGHT CITY MARINA
PHONE NO. 305 293 6477
Apr. 30 2002 02:45PM P3
15. The DEPARTMENT's Project Manager is Jan R. DeLaney, Program Grants Manaoer. ,phone.
(850) 4~8-5757 extensio,n 178. The GRANTEE's Project Manager is Alan Cradick...Phone,
(305) 292-816Z. All matters shall be directed to the Project Managers for appropriate action or
disposition.
16. The GRANTEE covenants that it presently has no interest and shall not acquire any interest,
which would conflict in any manner or degree with the performance of services required.
17. 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 hereon or in connection
herewith shall be brought in Leon County, Florida.
18. The GRANTEE shall maintain books, records and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. The DEPARTMENT, the State, or their authorized representatives shall have access to
such records for audit purposes during the term of this Agreement and for three years following
Agreement completion. In the event any work is subcontracted, the GRANTEE shall similarly
require each subcontractor to maintain and allow access to such records for audit purposes.
19. In addition to the provisions contained in paragraph 18 above, the GRANTEE shall comply with
the applicable provisions contained in Attachment B. A revised copy of Attachment B, Exhibit-1,
must be provided to the GRANTEE with each amendment, which authorizes a funding, increase
or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the
Agreement for purposes of assisting the GRANTEE in complying with the requirements of
Attachment B. If the GRANTEE fails to receive a revised copy of Attachment B, Exhibit-1, the
GRANTEE shall notify the DEPARTMENT's Contracts Administrator at 850/922-5942 to request
a copy of the updated information.
20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT, the
GRANTEE will be allowed a maximum of sixty (60) days to submit additional documentation to
offset the amount identified or return the amount due.
21. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Agreement, shall impair any such right, power, or remedy
of either party nor shall such delay or failure be construed as a waiver of any such breach or
default, or any similar breach or default thereafter,
22. This Agreement is neither intended nor Shall it be construed to grant any rights, privileges, or
interest in any third party without the mutual written Agreement of the parties hereto.
23. 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.
24. This Agreement is an exclusive grant and may not be assigned in whole or in part without the
written approval of the DEPARTMENT.
CVA 01-271 LE389
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FROM : GARRISON BIGHT CITY MARINA
PHONE NO.
305 293 6477
Apr. 30 2002 02:45PM P4
.'.
25.
A.
The GRANTEE may subcontract work under this Agreement without the prior written
consent of the DEPARTMENT's Project Manager. The GRANTEE agrees to be
responsible for the fulfillment of all work elements included in any subcontract and agrees
to be responsible for the payment of all monies due under any subcontract. It is
understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to
any 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
B. The DEPARTMENT supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens
of the State of Florida. Upon request, the DEPARTMENT will furnish a list of minority
owned businesses for consideration in subcontracting opportunities.
26. The employment of unauthorized aliens by any contractor/vendor is considered a violation of
Section 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement.
The GRANTEE shall be responsible for including this provision in all subcontracts with private
organizations issued as a result of this Agreement.
27, The GRANTEE shall comply with all applicable federal, state and local rules and regulations in
completing the project as described in Attachment A of 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.
28. To the extent required by law, the GRANTEE will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of his
employees connected with the work of this project and, in any case 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 the Worker's
Compensation statute, the GRANTEE shall provide, and cause each subcontractor to provide,
adequate insurance satisfactory to the DEPARTMENT, for the protection of his employees not
otherwise protected.
29. The GRANTEE, as an independent contractor and not an agent, representative, or employee of
the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance.
The DEPARTMENT shall have no liability except as specifically provided in the Agreement.
30. The DEPARTMENT shall have exclusive rights to all designs, logos, mottos, slogans, data or
other concepts developed under this Agreement. This provision shall apply whether the property
just described is in the possession of the GRANTEE or a third party_
31.
A.
Pursuant to the Lobbying Disclosure Act of 1995, the GRANTEE agrees to refrain from
entering into any subcontracts under this Agreement with any organization described in
Section 501 (c) (4) of the Internal Revenue Code of 1986, unless such organization
CVA 01.271 LE389
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FROM GARRISON BIGHT CITY MARINA
PHONE NO. 305 293 6477
Apr. 30 2002 02:46PM P5
warrants that it does not, and will not engage in lobbying activities prohibited by the Act as
a special condition of the subcontract.
8. 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.
32. Upon execution of this Agreement, the GRANTEE certifies that neither it, nor its principals, is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any federal department or agency; and that the
GRANTEE shall not knowingly enter into any lower tier contract, or other covered transaction,
with a person who is similarly debarred or suspended from participating in this covered
transaction, unless authorized by the DEPARTMENT. and the federal agency providing the grant
funds to the DEPARTMENT which support this Agreement.
33. Upon satisfactory completion of this Agreement, the GRANTEE may retain ownership of the
equipment purchased under this Agreement. The GRANTEE is responSIble for the
implementation of adequate maintenance procedures to keep the equipment in good operating
condition. The GRANTEE is responsible for any loss, damage or theft of, and any loss, damage
or injury caused by the use of, non-expendable personal property or equipment purchased with
state funds and held in his possession for Use in a contractual arrangement with the
DEPARTMENT.
34. This Agreement 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, duly signed by each of the parties hereto, and attached to the
original of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
CVA 01-271 LE389
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FROM : GRRRISON BIGHT CITY MRRINR
PHONE NO.
305 293 5477
Rpr. 30 2002 02:47PM P5
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and
year last written below.
CITY OF KEY WEST
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Signature of Person Authorized to Sign
By:
Director. Division of Law Enforcement or designee
Print Name and TItle of Authorized Person
Date:
Date:
FEID No. 59..&000346
Federal Employer Identification Number
'A.6L-
Ap roved as to form and legality:
~'i\~ b ~
sistant General Counsel
List of Attachments/exhibits included as part of this Agreement.
TYDe
Attachment
Attachment
Number
A
B
DescriQtion (includina number of oaaes)
Scope of Work (3 pages)
Special Audit Requirement (5 pages)
CVA 01-271 LE389
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