Loading...
Contract B9624I W u STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BOATING IMPROVEMENT PROGRAM RETROACTIVE DERELICT VESSEL REMOVAL AGREEMENT Contract No. B9624 This Agreement is entered into this I k'�— day of VvA c-,4,t_ 19 2 e-, 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 16A-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 DV Removal - Key West, Marathon (FBIP Project No. B96024). 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. Page 1 of 7 4. The Department agrees to obligate and make available to the County the approved project amount of $4,692.00 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 $4,692.00. Payment requests and expenditure documentation shall be submitted in accordance with and on the forms included in Chapters 16A-11 and 62D-5 Part III, Florida Administrative Code, and in sufficient Page 2 of 7 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 Page 3 of 7 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 Page 4 of 7 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 Page 5 of 7 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 Page 6 of 7 G F 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 By: 'z4z B Director or Designee Chairman r designee* Division of Recreation and Parks Title: �--- Address: 5100 College Road DEP Project Manager Key West, Florida 33040 Approved as to Form and Legality: DEP Attorney GSS�'f.COUNTY A n- (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 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. Page 7 of 7 W 1. Definition, Scope and Quality of Grant Services a. The COUNTY 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 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. Page 1 of 5 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 5 N 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 Majeure 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 of 5 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 or 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 responsibility 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 5 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 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 Reimbursement FMP ID # Length for Vessel Designated of Vessel of Vessel Removal/Dis o� sal Disposal Site DV031976 25' Landfill DV031977 18' Landfill DV031991 20' Landfill DV031993 18' Landfill Total $4,692.00 Page 5 of 5 • 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 for Grant Recipient Title DNR 20-233-FMP Page 1 of 1 10-85 Date Telephone No.