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Contract 9530J STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BOATING IMPROVEMENT PROGRAM DERELICT VESSEL REMOVAL AGREEMENT Contract No. B9530 This Agreement is entered into this '? y 4 day of J� 19�., between the State of Florida, Department of Environmental Protection, hereinafter referred to as the DEPARTMENT, Monroe County, hereinafter referred to as the COUNTY, in pursuance of'a project approved under the Florida Boating Improvement Program (Program). 1. This Agreement shall be performed in accordance with Sections 370.021(1), 327.25(12), and 327.28, Florida Statutes, and Chapters 1_6A-11 and 16D-5, Part III, Florida Administrative Code, and in accordance with the Derelict Vessel Removal Grant Program, as set forth i1i Exhibit A, and pursuant to Section 376.15(2)(b), Florida Statutes. These statutes and rules are hereby incorporated by reference as if fully set forth herein. Exhibit A is attached hereto and made a part hereof. 2. The COUNTY agrees to complete the project known as Derelict Vessel Removal (FBIP Project No. B95030). The Derelict Vessels ara identified in Exhibit A, Paragraph 4. 3. This Agreement shall become effective upon execution by the DEPARTMENT. The COUNTY agrees to complete the project on or before two years from the effective date. Page 1 of 7 4. The DEPARTMENT agrees to obligate and make available to the COUNTY the approved project amount of $66,000.00 for the project authorized by this Agreement. The DEPARTMENT will release the funds on a reimbursement basis. The DEPARTMENT and COUNTY understand and agree that there shall be no reimbursement of funds by the DEPARTMENT for any expenditure made prior to the execution of the Agreement with the exception of $-0- for the following expenditures: None 5. Rita Pate, Cormnunity Assistance Consultant or her successor, designated as the DEPARTMENTS Project Manager for the purpose of this Agreement, is responsible for ensuring performance of its terms and conditions and shall approve all payment requestsi.prior to payment. The COUNTY shall submit to the DEPARTMENT -signed quarterly project status reports on a calendar basis summarizing work accomplished, problems encountered, percentage of completion, and other appropriate information. 6. The DEPARTMENTS performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 7. 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. Parje 2 0f 7 or for -profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (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; (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 pronirlgated pursuant to s. 11.45 or have a statement prepared by an ijidependent certified public accountant which attests that thf receiving entity or organization has complied with tY.(� provisions of the grant; or (c) If the amounts received: do not exceed $25,000, have the head of the entity or organizaticii attest, under penalties of perjury, that the entity or organ-.zation has complied with the provisions of the grant. 16. The DEPARTMEN4r shall have the right to terminate this F Agreement and demand refund of Program funds for non-compliance with the terms and conditions of the Agreement. Failure to comply with the provisions shall result in the DEPARTMENT declaring the COUNTY ineligible for further participation in the Program until such time as the COUNTY complies with the terms. 17. If it becomes necessary for the DEPARTMENT to demand a refund of any or all funds tendered pursuant to this Agreement, the COUNTY agrees to return said funds to the DEPARTMENT within sixty (60) days after notification by the DEPARTMENT. If not Page 5 of 7 returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for funding as to this or any other program under the DEPARTMENTS administration shall be denied until the funds have been returned. 18. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT, the COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the amount identified or to return the amount due. 19. 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. 20. The COUNTY and the DEPARTMENT mutually agree to the M following special terms and conditions incorporated as part of this Agreement: N/A F Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION B Y• � -2, --,- —�' R /I " n - " //' , Director or 15esignee Division of Recreation and Parks DEP Project Manager Approved as to Form and Legality: 4DEtt`®r'n2ey� BOARD OF COUNTY COMMISSIONERS M, )nroe COUNTY .Chairman or d signee* F:TEST: DANNY L. KOLHAGE, CLERK By �• 'itle; Deputy 4ffl erk DATE: 4ddress: :100 College Road ?ey t Florida 33040 "OUNTY Attorney *If someone other than the Chairman s:.Ins the contract, resolution, statement or other documeal-- authorizing that sign the contract on behalf of the c0l'aty must accompany contract. Page 7 cf 7 a person to the a. The COUNTY shall administer the removal and disposal of designated derelict vessels as an indepenaent governmental authority and not as an agent or representative of the DEPARTMENT. b. No vessel shall be eligible for removal and disposal by the COUNTY, unless and until, said vessel has been designated as a derelict vessel by the Florida Marine Patrol. C. Authorized disposal sites for derelict vessels shall be limited to permitted artificial reef sites, permitted landfill locations and permitted recycled materials centers. Ex&eptions to this requirement mutt be F approved in writing by the Secretary of the Department of Environmental Protection. d. No grant monies for the removal and disposal of a given derelict vessel shall be paid to the COUNTY until said vessel has been legally removed and disposed of and such removal and disposal properly documented by the COUNTY. e. The COUNTY shall be responsible for obtaining all state, local and federal permits and licenses required for the removal and disposal of the designated derelict vessels. Page 1 of 6 f. Any pollutant found to be contained within a given derelict vessel shall be removed and properly disposed of by the COUNTY prior to the removal of said vessel. g. The COUNTY 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 considered by the COUNTY in determining the projected removal and disposal costs for each derelict vessel. h. The COUNTY shall maintain such insurance coverage, either, through a self-insurance program or purchase of coverage from an authorized insurer, as will protect it from any and all claims, including pollutant spillage and death, which may arise from operations under this Agreement. The COUNTY shall require any subcontractor to carry such insurance coverage as will be necessary to protect the subcontractor and COUNTY 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. Page 2 of 6 i. The COUNTY 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. j. An awarded Florida Boating Improvement Program Grant shall be subject to post -audit review by the DEPARTMENT or its representative. All records and documents of the COUNTY pertaining to this grant shall be maintained by the COUNTY 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 COUNTY. Said records and documents shall be made available to the DEPARTMENT or its representative upon request thereof. 2. Force Majeur= Notwithstanding anything in this Agreement to the contrary, the COUNTY shall have no liability hereunder in the event of outbreak of war, restraint of Government, Princes or People of any nation or of the United Nations, riots civil commotion, Acts of God or of the public enemy or for any other cause of the same or other character beyond the control of the COUNTY which prevents the COUNTY from performance of the terms and conditions set forth in this Agreement. Page 3 .)f 6 a. Only eligible costs identified in the Grant and Contract Accountability Policy shall be allowable. All minor details necessary for the proper completion of the work herein specified shall be accomplished by the Grantee without additional expense to the Grantor. b. This Agreement may be terminated by the Grantor of the Grantee by giving thirty (30) days written notice to the other party; 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. The Grantee shall permit the Grantor, or its duly authorized representative, to monitor the removal and disposal of derelict vessels covered by this Agreement as deemed necessary by the Grantor. d. 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 res►aonsibility for such compliance shall rest with the Grantee. The Grantor shall assume no liability for failure thereof. e. 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 Page 4 of 6 commercial practices and without unnecessary delays. The Grantee and its subcontractors must use suitable, modern equipment necessary for the satisfactory execution of the Agreement. 4. Identification, Removal and Disposition of Derelict c-t Vessels The following one (1) derelict vessel shall be removed and disposed of by the COUNTY in accordance with the provisions of this Agreement: Maximum Allowable Reimbursement FMP ID Length for Vessel Designated of Vessel 2f Vessel Removal/Disposal �.Disposal Site DV091523 25' Landfill DV091524 16' Landfill DV091570 20' Landfill DV091571 15' Landfill DV091574 1'2' Landfill DV091575 18, Landfill �, Landfill DV091614 1 Landfill DV091663 F 20' Landfill DV091667 25' Landfill DV091668 18' Landfill DV091671 16' Landfill DV091673 27' Landfill DV091674 18' Landfill DV091677 20' Landfill DV091678 18, Landfill DV091679 20' Landfill DV091680 16' Landfill DV091681 19, Landfill DV091686 20' Landfill DV091716 160 Landfill DV091739 24' Landfill DV091756 41' Landfill DV091757 35' Landfill DV091758 18, Landfill DV091759 25' Landfill DV091760 18, Landfill DV091761 25' Landfill DV091762 12' Landfill Page 5 of 6 DV091763 30' Landfill DV091764 20' Landfill DV091769 12' Landfill DV091785 15' Landfill DV091794 20' Landfill DV091795 24' Landfill DV091797 34' Landfill DV091798 25' Landfill DV091805 27' Landfill DV091806 19' Landfill DV091835 28' Landfill DV091837 39.9' Landfill DV091844 12' Tot ; .l $66, 000.00 Page 6 of 6 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 3900 Commonwealth Boulevard Tallahassee, Florida 32399 I hereby certify that the derelict vessels listed below were properly and legally removed/disposed of at the permitted disposal sites or locations indicated below: FMP I.D. Brief Description Disposal Site/ Date of # of Vessel of Vessel Location Disposal Official 1. Authorized Signature of Representative Date for Grant Recipient Title DNR 20-233-FMP Page 1 of 1 10-85 Signature, title, and telephone no. of Disposal Site/Location "'elephone No.