Grant DV 98-05FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DERELICT VESSEL REMOVAL GRANT AGREEMENT
DEP GRANT NO. DV 98-05
THIS GRANT AGREEMENT is entered into this to day ofc.�.6�2 , 19�, between the
State of Florida, Department of Environmental Protection, hereinafter referred to as the DEPARTMENT, and
Florida Monroe County Board of County Commissioners hereinafter referred to as the GRANTEE.
WITNESSETH: WHEREAS, the DEPARTMENT has established a program to provided grants to coastal
local governments for the removal of derelict vessels from the public waters of the state pursuant to Section
376.15(2)(b), Florida Statutes (Program); and WHEREAS a county is a local government as 03firoed bs
Florida Statutes; NOW THEREFORE, the DEPARTMENT and GRANTEE do hereby mut agree r
follows: rr a o
cn c�
1. Definition, Scope and Quality of Grant Services �-__:_ -v a
a. The GRANTEE shall administer the removal and disposal of designated derel ,yeessews
independent governmental authority and not as an employee, agent, or repre4TAoe oe4;the o
DEPARTMENT. D rn o =
o
b. No vessel shall be eligible for removal or disposal by the GRANTEE unless and until said
vessel has been designated as a derelict vessel by the Florida Marine Patrol as prescribed by
General Orders 31 procedures.
Only derelict vessels that appear on the grant application, which is made a part of this
Agreement by reference, are eligible for grant monies.
d. Authorized disposal sites for derelict vessels shall be limited to permitted artificial reef sites,
permitted landfill locations and permitted recycled materials centers. Exceptions to this
requirement must be approved in writing by the Secretary of the Department of
Environmental Protection.
e. No grant monies for the removal or disposal of a given derelict vessel shall be paid to the
GRANTEE until said vessel has been legally removed and disposed of and such removal and
disposal properly documented by the GRANTEE.
The GRANTEE shall be responsible for obtaining all state, local and federal permits and
licenses required for the removal and disposal of the designated derelict vessels. The
GRANTEE shall fully comply with all applicable laws, ordinances, and codes of state, federal
and local governments which are applicable to the work accomplished pursuant to the
attached Agreement. Full responsibility for such compliance shall rest with the GRANTEE.
g. Any pollutant found to be contained within a designated derelict vessel shall be removed and
properly disposed of by the GRANTEE prior to the removal of said vessel.
h. The GRANTEE shall be entitled to the salvage value of any grant -designated derelict vessel
or any part(s) or accessories thereof, excluding the hull, not used in the construction of a
permitted artificial reef site. All such salvage activities not essential to the physical removal
of a derelict vessel shall be accomplished after the vessel has been removed from public
waters. The salvage value of each vessel shall be deducted by the GRANTEE when
determining the removal and disposal costs for each derelict vessel.
DV98-05
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The GRANTEE agrees that all work shall be performed by competent employees experienced
and qualified to do the work specified in the attached Agreement, and that all work will be
performed in accordance with the best commercial practices and without unnecessary delays.
The GRANTEE and its subcontractors shall use suitable, modern equipment necessary for the
satisfactory execution of the Agreement.
The GRANTEE shall not be entitled to payment from grant funds for any designated derelict
vessel for which the removal and disposal of same was accomplished prior to the award of the
grant or subsequent to the close of the grant period established by the DEPARTMENT.
k. The GRANTEE shall maintain insurance coverage, either through a self-insurance program or
purchase of coverage from an authorized insurer, in sufficient amount to protect the
GRANTEE from any and all claims, including pollutant spillage and death, which may arise
from operations under this Agreement. The GRANTEE shall require any subcontractor to
carry insurance coverage as necessary to protect the subcontractor and GRANTEE from any
and all claims arising out of the subcontractor's participation in activities related to this
program. Certificates of such insurance shall be subject to the approval of the
DEPARTMENT for adequacy of protection and name the DEPARTMENT, Board of Trustees
and the Internal Improvement Trust Fund and the State of Florida as additional insured. All
certificates of insurance shall contain a provision that the insurance will not be cancelled for
any reason except after thirty (30) days written notice to the DEPARTMENT'S project
manager.
The GRANTEE shall make a reasonable effort to recover from the derelict vessel owners all
grant funded removal and disposal costs incurred pursuant to this Agreement. Any such
recovered monies shall be reimbursed to the DEPARTMENT.
in. The DEPARTMENT's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Florida Legislature.
n. An awarded Derelict Vessel Removal Grant shall be subject to pre -audit and post -audit
review by the DEPARTMENT or its representative. All records and documents of the
GRANTEE pertaining to this Grant shall be maintained by the GRANTEE for a minimum of
three fiscal years following the end of the fiscal year in which final grant payment is made by
the DEPARTMENT to the GRANTEE. Said records and documents shall be made available
to the DEPARTMENT or its representative upon request.
2. Removal, Disposition and Change Orders of Derelict Vessels
a. The derelict vessels listed in the GRANTEE's "Application for Derelict Vessel Removal
Grant" (Attachment A) which is made part of this Agreement, shall be removed and disposed
of by the GRANTEE to the extent grant reimbursement funds allow, unless during the time of
removal a listed vessel is no longer on site, in accordance with the provisions of this
Agreement.
b. The DEPARTMENT may at any time, by written order designated to be a change order, make
any change in the vessels to be removed under this Agreement. All change orders are subject
to the mutual agreement of both parties as evidenced in writing. Any change order which
causes an increase or decrease in the total amount of the grant or grant period shall require an
appropriate adjustment and modification (formal amendment) to this Agreement. All formal
amendments shall be in writing and signed by both parties.
DV98-05
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Payment of Grant Monies
a. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, actual expenses
incurred up to a total grant amount not to exceed $ 61,800 under this Agreement. Payment
requests and expenditure documentation shall be submitted in accordance with, and on the
forms included in, the Grant and Contract Accountability Policy and in sufficient detail for a
proper pre -audit and post -audit thereof. However, reimbursement to the GRANTEE shall be
net of salvage as referenced in Paragraph Ih. Salvage recovery must be documented.
Reimbursement under this agreement does not include travel or any administrative costs.
b. The request for reimbursement shall consist of an invoice on the GRANTEE's letterhead,
clearly marked as invoice, and verification letter from the Florida Division of Law
Enforcement that the vessels(s) have been removed and Attachment B of this Agreement
entitled "Disposition Certification for Derelict Vessels". Receipts clearly reflecting the dates
of service and back-up documentation shall be submitted with the final invoice. One invoice
is allowed under this Agreement. The GRANTEE shall submit a final invoice to the
DEPARTMENT no later than November 15,1999, to assure the availability of funds for final
payment.
C. Only eligible costs identified in the Grant and Contract Accountability Policy shall be
allowable. All minor details necessary for proper completion of the work herein specific
shall be accomplished by the GRANTEE without additional expense to the DEPARTMENT.
d. Verification of compliance with the grant terms and conditions must be completed by the
DEPARTMENT, and payment will be authorized within 30 days after receipt by the
DEPARTMENT of the required "Disposition Certification" (Attachment B), which is made a
part of this Agreement, and a proper invoice with supporting schedules and documentation.
4. Period of Grant
The grant period shall begin on the date of execution and end no later than December 31,1999. The
GRANTEE understands and agrees that the derelict vessel removal and disposal requirements of this
Agreement must be satisfactorily completed on or before November 1,1999.
Monitoring
The GRANTEE shall permit the DEPARTMENT, or its duly authorized representative, to monitor the
removal and disposal of derelict vessels covered by this Agreement as deemed necessary by the
DEPARTMENT.
6. Liabili
Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees,
contractors, and agents. However, nothing contained herein shall constitute a waiver by either party
of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes.
7. Termination of Agreement
a. 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, only amounts accrued to the date of cancellation shall be due
and payable.
b. 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.
DV98-05
Page 3 of 7
Failure to comply with the provisions shall result in the DEPARTMENT declaring the
GRANTEE ineligible for further participation in the Program.
C. 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 return said funds to the
DEPARTMENT within sixty (60) days after notification by the DEPARTMENT. If not
returned within sixty (60) 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.
d. This Agreement may be cancelled by the DEPARTMENT without prior notice 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.
8. Non -Exclusive Basis
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.
9. Prohibit Lobbying Expenditure
In accordance with Section 216.347, Florida Statues, this Agreement strictly prohibits the expenditure
of Derelict Vessel Removal Grant funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency.
10. Grant -Specific Audit Requirements
Any local governmental entity, nonprofit organization, or for -profit organization that is awarded
funds from a grants and aids appropriation by a state agency shall abide by the following:
a. If the amounts received exceed $100,000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes;
b. If the amounts received exceed $25,000, but do not exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General promulgated pursuant to
Section 11.45, Florida Statutes, or have a statement prepared by an independent certified
public accountant which attests that the receiving entity or organization has complied with the
provisions of the grant; or
If the amounts received do not exceed $25,000, have the head of the entity or organization
attest, under penalties of perjury, that the entity or organization has complied with the
provisions of the grant.
d. 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.
11. DEPARTMENT Management of Agreement
The Project Manager for the DEPARTMENT shall be Jan R. De Laney, Program Grants Manager,
Phone (850) 488-5600, extension 178, or his successor. All matters shall be directed to the Project
Manager for appropriate action or disposition. The GRANTEE's Project Manager is Ms. Kim
McGee, Phone (305) 292-4511. Said individual shall serve as liaison with the GRANTEE and shall
approve all invoices prior to payment.
DV98-05
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12. Correspondence Mailing Addresses
Any and all notices shall be delivered to the parties at the following addresses:
GRANTEE DEPARTMENT
Ms. Kim McGee Jan R. De Laney
Monroe County BOCC Division of Law Enforcement, M.S. 665
5100 College Road 3900 Commonwealth Boulevard
Key West, FL 33040 Tallahassee, FL 32399-3000
13 Public Entity Crime Vendors
A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or
consultant under an agreement with any public entity, and may not transact business with any public
entity in excess of the threshold amount under Category Two provided in Section 287.017, Florida
Statutes, for a period of 36 months from the date of being placed on the convicted vendor list.
14. Conflict of Interest
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.
15. Laws of Florida, Severability, and Venue
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
a 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.
16. Waiver
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.
17. Taxes
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.
18. Rights of Third Parties
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.
19. Assignment
This Agreement is an exclusive agreement for services and may not be assigned in whole or in part
without the written approval of the DEPARTMENT.
20. Subcontracting
The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any
subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all
DV98-05
Page 5 of 7
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.
21. P.R.I.D.E.
It is expressly understood and agreed that any articles which are the subject of, or required to carry
out, this Agreement shall be purchased from the corporation identified under chapter 946, Florida
Statutes, if available, in the same manner and under the same procedures set forth in Section
946.515(2), (4), Florida Statutes; and for the purposes of this Agreement the person, firm or other
business entity carrying out the provisions of this Agreement shall be deemed to be substituted for
this agency insofar as dealings with such corporation are concerned.
This "corporation identified' is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED
ENTERPRISES, INC. (P.R.I.D.E) which may be contacted at:
P.R.I.D.E.
5540 Rio Vista Drive
Clearwater, Florida 34620-3107
Telephone: (813) 572-1987
22. Agreement Modification
This Agreement and incorporated Attachments 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.
THE REMAINDER OF PAGE 6 INTENTIONALLY LEFT BLANK.
DV98-05
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year
first above written.
FLORIDA DEPARTMENT OF MONROE COUNTY, FLORIDA
ENVIRONMENTAL PROTECTION BY ITS BOARD OF COUNTY
By: By:
H. M. "Mic ey' Watso , Director By:
an or designee signature*
Division of Law Enforcement
Chaff or_dvsignee name printed
Jan R. D Laney •' n p
Program Grants Manager
)fficial seal
Federal Employment Identification
Number:
.s 6-y co
Address
City, State, Zip
Approved as to Form and Legality:
Assist nt General Counsel
ATTEST. DANNY L Y,OUTAGE CLERK
u�r
*If someone other than the Chairman signs the contract, a resolution, statement or other document authorizing
that person to sign the contract on behalf of the county must accompany the contract.
DV98-05
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ATTACHMENT A
Fonn #DEP-20-232-FMP
Grant Award Agreement `i -U� (to be assigned by DLE staff)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF LAW ENFORCEMENT
APPLICATION FOR DERELICT VESSEL REMOVAL GRANT
APPLICANT INFORMATION.
Date 8-29-97
1. Name of Applicant: Monroe County
2. Federal Employment Identification Number: 59-6000-749
3. Project Manaeer: Kim McGee
4. Title: Marine Projects Coordinator
5. Address: 5100 College Rd.
6. Telephone: ( 305 ) 292-4511 Fax: 295-4317 Suncom:
7. Total Grant Amount Requested: $61,800
Population of Jurisdiction 83,410 (1995) Number of Registered Vessels Current number not available E
In County.- Last Year 21,660
*Number of Derelict Vessels 27 House District # Senate District #
*Attach a copy of the Florida Marine Patrol Derelict Vessel Report for each vessel to be considered for removal
with -rant funds. (Copies of these reports may be obtained from your local FMP District Office.)
DISPOSAL METHOD.
Method proposed for handling the removal and disposal of the designated Derelict Vessels:
Use of own resources % Use of contractual services
Specify proposed contractor, if known Unknown at this time.
Additional disposal method comments (if any):
c L• �� y�y f ` a ii
Page 1 of 3
ATTACHMENT A
Grant Award Agreement (to be assigned by DLE staff)
As duly authorized by Monroe County , I hereby make application on
behalf of the applicant for a Derelict Vessel Removal Grant pursuant to 62N-16.029, Florida
Administrative Code. I further certify that the above supplied documentation is correct to the best of my
knowledge and that the grant applicant agrees to the conditions specified in this program.
Signature of Authorized Representative
of Governing Body
Kim McGee
Printed name of Authorized Representative
Marine Projects Coordinator
Title
SEAL
06/10/97 DV
8-29-97
Date
( 305� 292-4511
Telephone number
Page 3 of 3
ATTACHMENT A
Grant Award Agreement # QY - G5 (to be assigned by DLE staff)
DERELICT VESSELS TO BE REMOVED LISTED IN ORDER OF PRIORITY
Photocopy this page if additional forms are needed. Mark through rows not used on this form.
Florida Marine Patrol
DV#
DV3A—
Estimated Length of
Vessel
Projected cost of
Vessel Removal and
Disposal (where
possible use bid as
estimate)
Designated Disposal
Site (specify artificial
reef or landfill
location)
2358
50'
$5,000
Landfill
2362
28'
2,800
"
2383
12'
1,200
2390
15'
1,500
"
2393
12'
1,200
"
2394
18'
1,800
2395
30'
3,000
2396
18'
1,800
2397
35'
3,500
2398
30'
3,000
2399
22'
2,200
"
2408
16'
1,600
2411
28'
2,800
"
2412
18'
1,800
"
2413
15'
1,500
2414
16'
1,600
"
2416
32'
3,200
"
2417
15'
1,500
"
2418
_ 54
5,400
.... ,,"
2420
19,
1,900
"
Page 2 of 3
fla marine patrol Fax:904-488-9284 Aug 26 '97 12:55 P.02iO3
ATTACHMENT A
Grant Award Agreemcnt # 7 y— C, 5- (to be assigned by DL£ staff}
DERELICT VESSELS TO BE REMOVED LISTED IN ORDER OF PRIORITY
Photocopy this Page if additional forms are needed. Mark through rows not used on this form.
Rpt. to Foll
it
IF
fit
Page 2 of 3
Derelict Vessels continue to pollute Keys waters. The problem has steadily decreased
and we have taken preventive measures to reduce the number of vessels. Amnesty
days have been developed and are held on a yearly basis allowing residents to dispose
of vessels free of charge at County transfer stations. We have also begun harbor
cleanups that have resulted in the removal of many abandoned vessels prior to them
being classified as derelict vessels. This saves grant funding. The need is still great in
Monroe County.
ATTACHMENT B
Agreement # DV98-05
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Law Enforcement
3900 Commonwealth Boulevard, MS 665
Tallahassee, FL 32399-3000
Disposition Certification for Derelict Vessels
I, the undersigned contractor or my representative, hereby certify that the derelict vessels listed
below were properly and legally removed and disposed of at the permitted disposal sites
indicated below:
IMP I.D. Brief Description Disposal Date of
# of Vessel of Disposed Vessel Site/ Location Disposal
Signature of Contractor & date
Printed Name of Contractor
Witness & Date
Company Name
Telephone
Notary Public Signature
Subscribed and sworn before me at
this day of , 199_
My Commission Expires:
(seal)
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS
Required for all contractors and subcontractors under
DEP AGREEMENT NO. DV98-05
1. The undersigned hereby 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.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this response been convicted of or had a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or
commission of embezzlement, theft, forgery, bribery, falsification of destruction of records, making false
statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this
Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions
(Federal, State or local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be
attached to this certification.
Dated this day of , 199
Authorized Signature/GRANTEE
Typed Name/Title
GRANTEE Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Code/Telephone Number
DEP FORM 11-043 (12/94)