Grant DV 96-07 (2)FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DERELICT VESSEL REMOVAL GRANT AGREEMENT
DEP GRANT NO. DV96-07
THIS GRANT AGREEMENT is entered into this �a y of NOW- "bGl , 199� , between the State of
Florida, Department of Environmental Protection, hereinafter referred to as the DEPARTMENT, and Monroe
County, hereinafter referred to as the GRANTEE.
WITNESSETH: WHEREAS, the DEPARTMENThas established a program for the removal of derelict vessels
from the public waters of the state pursuant to Section 376.15(2)(b), Florida Statutes and Section 62N-16.029,
Florida Administrative Code. NOW THEREFORE, the DEPARTMENT and GRANTEE do hereby mutually
agree as follows:
l . Conditions of Agreement = rn The GRANTEE hereby agrees to comply with the following conditions�vntamed gthis j�S-reement.
M T,
a. Allowable Costs
Only eligible costs identified in the Grant and Contract Accountability=policy shaR'be allowable. All
minor details necessary for proper completion of the work herein specified shall be le ompTLshed by the
GRANTEE without additional expense to the DEPARTMENT. o
00
b. Termination of Agreement
This Agreement may be terminated by the DEPARTMENTor the GRANTEE by giving thirty (30) days
Written notice to the other parry; said notice shall be sufficient if it is delivered to the other party
personally or mailed by certified mail to its specified mailing address.
c. 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.
d. Compliance With Laws
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.
e. Competent Employees and Modern Equipment to Be Utilized
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.
f. Public Access to Documents
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.
DV96-07 Page 1 of 6
2. 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 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 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 pennitted artificial reef sites,
permitted landfill locations and pennitted 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.
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.
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.
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.
k. 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.
DV96-07 Page 2 of 6
The DEPARTMENT's performance and obligation to pay under this Agreement is contingent .
upon an annual appropriation by the Florida Legislature.
M. 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.
3. Identification, Removal and Disposition 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.
4. 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 $66,620.00 under this Agreement. Payment
requestsand expenditure documentation shal I be submitted in accordancewith, 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 2.h. Salvage recovery must be documented. Reimbursement
under this agreement does not include travel or any administrative costs.
b. 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.
5. Period of Grant
The grant period shall begin on the date of execution and end no later than November 1, 1997. 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, 1997. The project completion
date may be extended by written mutual agreement, in accordance with Section 287.057(11), Florida
Statutes, subject to the same terms and conditions and the availability of funding. Extension of time in
which to complete this Project Agreement shall be in writing and shall be requested at least sixty (60)
days prior to November 1, 1997.
6. Project Reimbursement
The request for reimbursement shall consist of an invoice on the GRANTEE's letterhead, clearly marked
as invoice and AttachmentB of this Agreement entitled "Disposition Certification for Derelict Vessels".
DV96-07 Page 3 of 6
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, 1997, to assure the availability of funds for final
payment.
7. Hold Harmless Indemnification
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.
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
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 s. 11.45;
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 s. 11.45 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.
11. DEPARTMENT Management of Agreement
The Project Manager for the DEPARTMENT shall be Jan R. De Laney, Program Grants Manager.
Office of Waterway Management, or .his successor. 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:
GRANTEE
Kim McGhee
Monroe County Community Services
5100 College Rd.
Key West, FL 33040
DEPARTMENT
Jan R. De Laney
Office of Waterway Mgmt., M.S. 630
3900 Commonwealth Boulevard
Tallahassee, FL 32399-3000
DV96-07 Page 4 of 6
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, F.S., for a period of 36 months from the date of being placed
on the convicted vendor list.
14. Certification Regarding Debarments and Suspension
Any GRANTEE awarded an amount of $25,000.00 or more must be in accordance with Executive
order 12549. GRANTEES receiving an award of $25,000.00 or more must submit a fully
completed copy of Attachment C entitled Certification Regarding Debarments Suspension
Inelieibility and Voluntary Exclusion-- Lower Tier Federally funded Transactions. The
GRANTEE shall agree and . certify 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 agreement, or other covered transaction, with a person who
is similarly debarred or suspended from participating in this covered transaction to the
DEPARTMENT. The GRANTEE shall include the language in this section in all subcontracts
or lower tier agreements executed to support the GRANTEE's work under this Agreement.
15. Lobbying and Disclosure
Pursuant to the Lobbying and Disclosure Act of 1995, the Contractor agrees to refrain from
entering into any subcontracts under this Contract with any organization described in Section
501 (c) (4) of the Internal Revenue Code of 1986, unless such organization warrants that it does
not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the
subcontract.
16. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DV96-07 Page 5 of 6
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 BOARD OF COUNTY COMMISSIONERS
ENVIRONMENTAL PROTECTION MONROE COUNTY
By:
H. M. "Mjy' Watso , Director
Division of cement
Jan R. e Laney
Program Grants Manager IL
(SEAL)
ATTEST: DANNY L./KOLHAGE, CLERK
BY�Qa `
DEPUTY CLEP1
as to Form and Legality
Assistant General
By:
Chairman or designee signature*
Chairman or designee name printed
Title: 1 1A qtte—,
Federal Employment Identification
Number: -5--L 03 - OZZS45--.5-.3---,
ycu�, Po
Address
City, State, Zip
r-Mly•• . . ••
*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.
DV96-07 Page 6 of 6
.��t-10=9E1 MON 2::6 PM Cz1YMUNI"Y SERVICES FAX NO.-''052924417
F. 1
RWISED
ATTACHMENT A
Form #DBP-20-232-FMP
Grant Award Agreement # Dj/ b-{)
FLOP-IDA DEPAR o be assigned by OWM staff)
ENT OF ENVIRONMENTAL PROTECTION
DIVISION OF LAW ENFORCEMENT
APPLICATION FOR DERELICT VESSEL REMOVAL GRANT
APPLICANT INFORMATION.
Nar»e of
Date —b-7-9b
l • Al�licartt: ---
2• I=edcral Ir,nployment Identification Number: — ----
3 J3r0ject Manager: Kim HcGee — ---�
�----
7"itic:__ Atarxne Projects Coordinator
` Address: Konroe Cou"t C-------
Y fatty Services
G. JCICpltone: ( 305 )-292-4511_—
— SunCoral:
Population of Jurisdictions �~
y Number of Registered Vessels
"Number of Derelict Vessels 32 21-•Z62_1994-95
*A(tach 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 J�
Off -ice.) nstdered
* 1� DV Report to FOZlov MI' District
Steel Barge has Bird Re.s:t on top of the arm. sw
relocation of Rewal pettding
MOSAL METIiOL�.
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 ._U o at this Time.
Additional disposa( method comtTtentS (if any): ~�
pule 1 14 5
n
ATTACHN1I-A I A
Grant Award
Agreement #fg tt�, he assigned by 0\VM stalfl
DESIGNATED
DERELICT VESSELS
TO BE REMOVED.
Contact the C)-fice of Waterway
Management at (904)
488-5600 extension
54 if additional forms
needed. Mark through rows
not used on this form.
are
Florida Marine Patrol
Estimated Length of
Projected cost of
Designated Disposal
DVS
Vessel
Vessel Removal and
Site (specify artificial
Disposal (where
reef or landfill
possible use bid as
location)
03—
estimate)
1818
60'
$25,000
Scrap/Recycle (Ste l
2008
13'
1,300
Landfill
2139
23'
2,300
Landfill
2140
21'
2,100
Landfill
2143
21'
2,100
Landfill
2144
32'
3,200
Landfill
2145
18,
1,800
Landfill
2147
20'
2,000
Landfill
2151
33'
3,300
Landfill
2152
23'
2,300
Landfill
2154
24'
2,400
Landfill
2156
22'
2,200
Landfill
2158
18,
1,800
Landfill
2161
6'
600
Landfill
2163
50'
5,000
Landfill
2164
35'
3,500
Landfill
2165
17'
1,700
Landfill
2177
18'
1,800
Landfill
2179
--
8'
SUO
Landfill
2181
2]'
2,100
Landfill
Bar ',
P.11'r .' ' 1I ')
ATTACHMI-N l A
Grant Award Agreement # ��Q��()
�'(to he assigned h\ O\\'M stall)
DESIGNATED DERELICT VESSELS TO BE REMOVED.
Contact the�f�ce of Waterway Management at (904) 4RR-5600 extension 54 if additional forms arc
needed. Mark through rows not used on this (orm.
Bart
1,;11'(' 3 ,I `)
DV q6- bl-
The Derelict Vessel Program has been a great success since 1991.
The waters off of the Florida Keys have been rid of hundreds of
derelict vessels. Monroe County is proud of the accomplishments
achieved to date in the utilization of this program. Our 1996-97
grant application lists 28 derelict vessels and though this is a
small number in comparison to prior years we still have a
problem. We hope to removal all vessels on our list and depending
on the amount of funding allocated, add additional vessels.
Page 4 of 5
ATTACHMENT A
Grant Award Agreement a'DVgr—cq—(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.
Signature of Authorized Representative
of Governing Body
Kim McGee
Printed name of Authorized Representative
Marine Projects Coordinator
Title
SEAL
3/15/96 DV
6-7-96
Date
(305) 292-4511
Telephone number
Page 5 of 5
ATTACHMENT B
Agreement # DA_-_Oa
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Office of Waterway Management
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:
FMP I.D. Brief Description Disposal Date of
u rv____1 P
If VA V ussel 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:
(sea])
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.
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 14{h day of QGfott r , 199 (� .
Typed Name/Title
ME'N rZDC C("(`N7 Y __
GRANTEE Name
C LL4 (, tf 0OA\(�
Street Address
Building, Suite Number
CO * City/State/Zip Code
Area Code/Telephone Number
DEP FORM 11-04 / (SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK APPROVED AS TO FL
A GA FFI
e 6
BY O RT
�DEPUTY CLE DATE