Contract B9617STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BOATING IMPROVEMENT PROGRAM
RETROACTIVE DERELICT VESSEL REMOVAL AGREEMENT
Contract No. B9617
This Agreement is entered into this / 11 - day of
^^^{ 195�� , 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 62A-11 and 62D-5, Part III, Florida Administrative
Code, and in accordance with the Derelict Vessel Removal Grant
Program, as set forth in 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 has completed the project known as Emergency
Derelict Vessel Removal (FBIP Project No. B96017). The Derelict
Vessel(s) are identified in Exhibit A, Paragraph 4.
3. This Agreement shall become effective on the date of
execution by the DEPARTMENT.
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4. The Department agrees to obligate and make available to
the County the approved project amount of $6,897.00 for the
project authorized by this Agreement.
5. Rita Pate, Community Assistance Consultant or her
successor, designated as the DEPARTMENT'S Project Manager for the
purpose of this Agreement, is responsible for ensuring
performance of its terms and conditions and shall approve all
payment requests prior to payment.
6. The DEPARTMENT'S 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.
8. Upon project completion, the engineer, architect or
other appropriate professional shall sign a statement certifying
satisfactory completion of the project in accordance with the
prepared plans and specifications.
9. The DEPARTMENT shall pay, on a reimbursement basis, to
the COUNTY, grant funds not to exceed $6,897.00. Payment
requests and expenditure documentation shall be submitted in
accordance with and on the forms included in Chapters 62A-11 and
62D-5 Part III, Florida Administrative Code, and in sufficient
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detail for a proper pre -audit and post -audit thereof. However,
reimbursement to the COUNTY shall be net of salvage as referenced
in Paragraph 1. g. of Exhibit A. Salvage recovery must be
documented. Any reimbursement of travel expenses shall be
submitted in accordance with Section 112.061, Florida Statutes;
however, reimbursement under this agreement does not include
travel. Verification of compliance with the grant terms and
conditions will be completed by the DEPARTMENT and payment will
be authorized within 60 days after receipt by the DEPARTMENT of
the required "Disposition Certification", Exhibit B, which is
made a part of this Agreement, and proper invoice with supporting
schedules and documentation.
10. The COUNTY is responsible for obtaining all state and
federal permits, licenses, agreements, leases, easements, etc.,
required for the project.
11. The COUNTY shall retain all records supporting project
costs for three (3) years after the fiscal year in which the
final program payment was released by the DEPARTMENT or until
final resolution of matters resulting from any litigation, claim,
or audit that started prior to the expiration of the three-year
record retention period.
12. The DEPARTMENT reserves the right to inspect the
project as well as the right to audit any and all financial
records pertaining to the project at any reasonable time. This
Agreement can be unilaterally cancelled by the DEPARTMENT should
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the COUNTY refuse to allow public access to all documents,
papers, letters or other material made or received in conjunction
with the Agreement pursuant to the provisions of Chapter 119,
Florida Statutes.
13. 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.
14. This Agreement strictly prohibits the expenditure of
FBIP funds for the purpose of lobbying the Legislature, the
judicial branch, or a state agency.
15. 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:
(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 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
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head of the entity or organization attest, under penalties of
perjury, that the entity or organization has complied with the
provisions of the grant.
16. 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 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
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 DEPARTMENT'S 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
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parties hereto, and attached to the original of this Agreement.
20. The COUNTY and the DEPARTMENT mutually agree to the
following special terms and conditions incorporated as part of
this Agreement: Payment request and close-out documentation must
be submitted to the DEPARTMENT no later than sixty (60) days
after execution of this Agreement.
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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 BOARD OF COUNTY COMMISSIONERS
OF ENVIRONMENTAL PROTECTION MONROE COUNTY
B
By: y • - y ;
Director or Designee Chairman designee*
Division of Recreation and Parks
DEP Project Manager
Approved as to
Form and Legality:
/V /a
DEP Attorney
Title • ►'Y)a.UOr /Cho-irrnan
Address:
5100 College Road
Key West, Florida 33040
�X
(SEAL)
ATTEST: DANNY L KOLNN& CLERK
BY �-�- C
DEPUTY CLERK
*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.
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EXHIBIT A
1. Definition. Scope and Quality of Grant Services
a. The COUNTY shall administer the removal and disposal of
designated derelict vessels as an agent of the COUNTY
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. Exceptions to this requirement must be
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.
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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.
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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 awared 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 COUNTY pertaining to this Grant shall
be maintained by the COUNTY for a minimum of threes
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 Majeure
Notwithstanding anything in this Agreement to the
contrary, the DEPARTMENT 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.
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3. Standard Conditions of Agreement
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
COUNTY without additional expense to the DEPARTMENT.
b. This Agreement may be terminated by the DEPARTMENT or
the COUNTY 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 COUNTY 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. The COUNTY 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
COUNTY. The DEPARTMENT shall assume no liability for
failure thereof.
e. The COUNTY 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
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commercial practices and without unnecessary delays.
The COUNTY and its subcontractors must use suitable,
modern equipment necessary for the satisfactory
execution of the Agreement.
4. Identification. Removal and Disposition of Derelict Vessels
The following four (4) derelict vessels shall be removed and
disposed of by the COUNTY in accordance with the provisions
of this Agreement:
Maximum Allowable
Approx. Reimbursement
FMP ID # Length for Vessel
of Vessel of Vessel Removal/Disposal
DV091930 32"
DV091956 14"
DV091957 25"
DV091962 20"
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Designated
Disposal Site
Landfill
Landfill
Landfill
Landfill
EXHIBIT B
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
3900 Commonwealth Boulevard
Tallahassee, Florida 32399
Disposition Certification for Derelict Vessels
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:
Signature,
title, and
telephone no.
of Disposal
FMP I.D. Brief Description Disposal Site/ Date of Site/Location
# of Vessel of Vessel Location Disposal Official
1.
Authorized Signature of Representative Date
for Grant Recipient
Title Telephone No.
DNR 20-233-FMP Page 1 of 1
10-85