Grant DV 97-10• FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION --'t
DERELICT VESSEL REMOVAL GRANT AGREEMENT
DEP GRANT NO. DV97-10
THIS GRANT AGREEMENT is entered into this Z. 2 day of S �P7F. c3c�Q , 199-7, betvveen'the State or
Florida, Department of Environmental Protection, hereinafter referred to as the DEPARTMENT, and Mofiroe �
County, Florida, hereinafter referred to as the GRANTEE. '>
CID
WITNESSETH: WHEREAS, the DEPARTMENT has established a program to provided grants t moastal 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 defined by Florida
Statutes; NOW THEREFORE, the DEPARTMENT and GRANTEE do hereby mutually agree as follows:
Definition. Scope and Quality of Grant Services
a. The GRANTEE shall administer the removal and disposal of designated derelict vessels as an
independent governmental authority and not as an employee, agent, or representative of the
DEPARTMENT.
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.
C. 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.
f. 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
governmentswhich 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.
DV97-10
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i. 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 subcontractors 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 insureds. All certificates of insurance shall contain
a provision that the insurance will not be cancelled for any reason except after thirt7y(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
DEPARTMENTto 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.
3. 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 $ 79,050 under this Agreement. Payment
DV97-10
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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 1 h. 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 Enforcementthat 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 30, 1998, 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 specified 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
DEPARTMENTof 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 November 1, 1998. 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, 1998.
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. Liabilijy
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. 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
DV97-10
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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 maybe 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
C. 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 78, or his successor. All matters shall be directed to the Project
Manager for appropriate action or disposition. The GRANTEE's Proj ect Manager is Kim McGee.
Phone (305) 292-4511. Said individual shall serve as liaison with the GRANTEE and shall approve
all invoices prior to payment.
12. Correspondence Mailing Addresses
Any and all notices shall be delivered to the parties at the following addresses:
DV97-10
Page 4 of 7
GRANTEE
Kim McGee
Monroe County
5100 College Road
Key West, Florida 33040
13 Public Entity Crime Vendors
A person or affiliate who has
for a public entity crime
DEPARTMENT
Jan R. De Laney
Division of Law Enforcement, M.S. 630
3900 Commonwealth Boulevard
Tallahassee, FL 32399-3000
been placed on the convicted vendor list following a conviction
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
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
DV97-10
Page 5 of 7
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 Agreementthe 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.
DV97-10
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
ENVIRONMENTAL PROTECTION
By:
W on, Director
Division o Law n orcement
(: D14... Z & L
Jan R. Ve Laney
Program Grants Manager
Federal Employment
Number:
MONROE COUNTY, BY
ITS BOAR) F TY
COMMISS S
44
By:
Chairman designee signatu
K 4�j 721 h) y 1-&S5
Chairman.Qr designee name printed
A OE COUNTY COMMUNITY SERVICES
6100 COLLEGE ROAD
KEY WEST, FL 33040
DANNY L. KOLHAGE, CLERK
City, State, Zip
Approved as to Form and Legality: APPROVED AS TO FORM
%J AND AL UFF WN
V UU B RT
Assistant General Counsel DATE
*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.
DV97-10
Page 7 of 7
C)VgI-L�
ATTACHMENT A
Form #DEP-20-232-FMP
Grant Award Agreement # (to be assigned by OWM staff)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF LAW ENFORCEMENT
APPLICATION FOR DERELICT VESSEL REMOVAL GRANT
APPLICANT INFORMATION.
1. Name of Applicant: Monroe Coun
2
Federal Employment Identification Number: 59-6000-749
Date 10-25-96
3, Project Manager: Kim McGee.
4. Title: Marine Projects Coordinator
5. Address: Monroe County Community Services, 5100 College Rd., Rey West, F1 33040
6. Telephone: (30) 292-4511 Fax: 295-4317 Suncom:
7. Total Grant Amount Requested: 82,400
Population of Jurisdiction 81.766 Number of Registered Vessels 21,660
*Number of Derelict Vessels 26 House District # Senate District #
*Attach a copy of the Florida Marine Patrol Derelict Vessel Report for each vessel to be considered for
removal with grant 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):
RO E 1C E
i V E
r
U U 1 3 Q 1996
OFF�'�E OF WATERWAY MANAGEMENT
FLORIDA MARINE PAT ROL
Page 1 of 4
ATTACHMENT A
Grant Award Agreement # (to be assigned by OWM staff)
DESIGNATED DERELICT VESSELS TO BE REMOVED.
Contact the Office of Waterway Management at (904) 488-5600 extension 54 if additional forms are
needed. Mark through rows not used on this form.
Florida Marine Patrol
DV##
3A—
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)
1818
60'
$12,000
Unknown
091959
30'
6,000
�
2172
24'
2,400
Mo. Co. Landfill
2175
19'
1,900
of "
2197
35'
3,500
of"
2210
45'
4,500
it "
2220
25'
2,500
it "
2231
25'
2,500
1 it"
2223
60'
12,000
Is "
2235
20'
2,000
it "
2236
17'
1,700
if "
2237
17'
1,700
IV"
2238
17'
1,700
"
2239
14'
1,400
"
2240
20'
2,000
2256
18'
1,800
2257
20'
2,000
"
2258
17'
1,700
"
2259
23'
2,300
"
2260
35'
3,500
"
Page 2 of 4
Uct L7 yo i7-,LU r.Ul U1
ATTACHMENT A
Grant Award Agreement # ���� 7 10 (to be assigned by OWM staff)
DESIGNATED DERELICT VESSELS TO BE REMOVED.
Contact the Office of Waterway Management at (904) 488-56M extension 54 if additional forms are
needed. Mark through rows not used on this form.
Florida Marine Patrol
DV#
#3A—
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)
2 61
�23'
$2,300.00
Mo. County Landfi
2262
35'
3,500.00
2263
19'
1,900.00
"
2264
19'
1,900.00
"
2265
16'
1,600.00
"
2266
21'
2,100.00
"
Page 3 of 4
ATTACHMENT A
Grant Award Agreement # (to be assigned by OWM 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.
October 28, 1996
Signature of Authorized Representative Date
of Governing Body
Kim McGee
Printed name of Authorized Representative
Marine Projects Coordinator
Title
SEAL
3/15/96 DV
(305) 292-4511
Telephone number
Page 4 of 4
ATTACHMENT B
Agreement # DV97-10
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Law Enforcement
3900 Commonwealth Boulevard, MS 630
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. DV97-10
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
By:
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)