Item B01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 04-20-00
Division: Growth Management
Bulk Item: YES X NO
Department: Marine Resources
AGENDA ITEM WORDING: Approval of the Grant Agreement between Monroe
County and the Florida Fish and Wildlife Conservation Commission for the removal
and legal disposal of derelict vessels, Monroe County,
ITEM: Monroe County applied for funding assistance to remove and dispose of
derelict vessels located in the nearshore waters of the Florida Keys and has been
awarded a grant in the amount of $178,520.26.
PREVIOUS RELEVANT BOCC ACTION: None
ST AFF RECOMMENDATION: Approval
TOTAL COST: $ 178,520.26
BUDGETED:
COST TO COUNTY: Staff Time Only
100 % Grant Funding
REVENUE PRODUCING: YES
NO X AMT. PERMO,
YEAR
APPROVED BY:COATTY X OMB/PURCHASING X RISKMANAGEMENT X
~
Management
DEPARTMENT HEAD APPROVAL:
· ~. G
DIVISION DIRECTOR APPROVAL:
Timothy J. ~cGarry-Division
DOCUMENTATION: INCLUDED: X
TO FOLLOW: NOT QUIRED:
AGENDA ITEM #-&Ai
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Florida Fi~h F. loTiltflif.. Coul;;ervation
Commission
Contract Purpose/Description: Removal of Dere 1 i {" f' V p~~..l .,
Effective Date:
Expiration Date:
1 /
---
/ /
Contract Manager:
Kim McGee
(Name)
~ If- f'>/f !
-- 4511
(Ext.)
Marine Pro;ects
(Department)
for BOCC meeting on 4 ./ 20 I 00
Agenda Deadline: .A-1 1 / 00
Total Dollar Value of Contract: $
Budgeted? Yes No
Grant: $ 178,520.26
County Match: $ N/A
CONTRACT COSTS
178.520.26 Current Year Portion: $ 178.520.26
Account Codes: - NEW
Estimated Ongoing Costs: $ Nt a
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(eg, maintenance, utilities, janitorial, salaries, etc.)
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CONTRACT REVIEW
Changes
Needed
Yes .No /
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Date Out
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bate In
Division Director
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County Attorney
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FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
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JAMES L. "JAMIE" ADAMS, JR.
Bushnell
BARBARA C, BARSH
Jacksonville
QUINTON L, HEDGEPETH, DDS
Miami
H,A, "HERKY" HUFFMAN
DeItona
DAVID K, MEEHAN
St. Petersburg
JULIE K, MORRIS
Sarasota
TONY MOSS
Miami
EDWIN p, ROBERTS. DC
Pensacola
JOHN D. ROOD
Jacksonville
AlLAN L EGBERT, Ph.D" Executive Director
VICTOR J. HEllER, Assistant Executive Director
February 24, 2009.
DMSION OP LAW ENPORCEMENT
COWNEL ROBERT L EDWARDS, D1RECfOR
LT, COWNEL RANDY HOPKINS, ASSISTANT D1RECfOR
(850) 488-6251 IDD(850) 488-9542
Ms, Kim McGee
Marine Projects Coordinator
Monroe County Board of County Commissioners
5 100 College Rd.
Key West, FL 33040
Dear Ms. McGee:
Enclosed are three original executed Project Agreements for signature under the Florida Boating
Improvement Program, After you have reviewed and understand the terms and conditions of the Project
Agreement and Attachments, have the person authorized to sign the Agreement, complete, sign and
return two of the signed Agreements, Please fill in the date of signature on page one of the
Agreements. Keep one original signed agreement for your records.
It is important to sign and return two of these Af!reements immediately to secure funding for your
project. The Agreements can be returned to:
Florida Fish and Wildlife Conservation Commission
Division of Law Enforcement
Office of Planning and Policy
620 South Meridian Street
Tallahassee, FJorida 32399-1600
Attention: Ms, Li~a Wakasugi
According to the Agreement, ttieproject is scheduled for a completion date of November 17,2000.
Should you have any questions or concerns, you may reach me at (850) 488-5600.
Sincerely,
Lisa Wakasugi
Grants Specialist
Division of Law Enforcement
~
Enclosures
620 South Meridian Street' Tallahassee' PL 32399.1600
www.state./l.us/fwc/
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
DERELICT VESSEL REMOVAL GRANT AGREEMENT
FWC GRANT NO 99144
THIS GRANT AGREEMENT is entered into this _ day of ,200 , between the
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, hereinafter referred to as the
COMMISSION, and Monroe County Board of County Commissioners, hereinafter referred to as the
GRANTEE.
WITNESSETH:
WHEREAS, the COMMISSION has established a program to provide grants to coastal local governments for
the removal of derelict vessels from the public waters of the state pursuant to Section 376, I 5(2)(b), Florida
Statutes (Program);
WHEREAS a GRANTEE is a coastal local government as defined by Florida Statutes;
NOW THEREFORE, the COMMISSION and the GRANTEE do hereby mutually agree as follows:
I, Definition, Scope and Ouality of Grant Services
a. The GRANTEE shall administer the removal and disposal of designated derelict vessels as an
inaependent governmental authority and not as an employee, agent, or representative of the
COMMISSION.
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 Order 31 procedures.
c. Only derelict vessels that appear on the Derelict Vessel List, Attachment A, which is made a
part of this Agreement by reference, are eligible for grant monies,
"
d. Authorized.Jisposal sites for derelict vessels shall be limited to permitted artificial reef sites,
permitted landfilL.Iocations and permitted recycled materials centers, Exceptions to this
requirement must De approved in writing by the Executive Director of the Florida Fish and
Wildlife Conservation Commission.
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 governments which are applicable to the work accomplished pursuant to this
Agreement. Full responsibility for such compliance shall rest with the GRANTEE.
DV#99-01 FWCC 99144
Page 1 of 9
g. Any pollutant found to be contained within a designated derelict vessel shall be removed and
properly disposed of in accordance with applicable laws 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 partes) 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.
1. The GRANTEE agrees that all work shall be performed satisfactorily as determined by the
COMMISSION by competent employees experienced and qualified to do the work specified
in this 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 this Agreement.
J. 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 COMMISSION,
k. The GRANTEE shall maintain insurance coverage, either through a self-insurance program or
purchase of coverage from an authorized insurer, to protect the GRANTEE from any and all
claims, including pollutant spillage and death, which may arise from operations under this
Agreement. The GRANTEE'S insurance shall, at a minimum be sufficient to pay a claim or a
judgement, or portions thereof, of $200,000 per incidence or occurrence. 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 COMMISSION for adequacy of protection and name the
COMMISSION, the Board of Trustees of the Internal Improvement Trust Fund and the State
of Florida as additional insureds, All certificates of insurance shall contain a provision that
the insu>>al1ce will not be cancelled for any reason except after thirty(30) days written notice
to the COMMISSION'S project managel,
+
1. To the extent req~i'red by law; the GRANTEE will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of his
employees connected with the work of this project and, in case any work is subcontracted, the
GRANTEE shall require the sub~ontractor similarly to provide Workers' Compensation
Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the GRANTEE, Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class of
employees engaged in hazardous work under this Agreement is not protected under the
Workers' Compensation statute, the GRANTEE shall provide, and cause each subcontractor
to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his
employees not otherwise protected, The GRANTEE agrees to supply the COMMISSION
with proof of insurance, the types and coverage outlined by the COMMISSION, The
GRANTEE shall provide to the COMMISSION a true copy of the insurance herein required
prior to the execution of the related agreement through the issuance of a purchase order or the
execution of a formal contract.
DV#99-01 FWCC 99144
Page 2 of 9
m. 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 COMMISSION,
n, An awarded Derelict Vessel Removal Grant shall be subject to pre-audit and post-audit
review by the COMMISSION or its representative, The GRANTEE shall maintain books,
records and documents directly pertinent to performance under this Agreement with generally
accepted accounting principles consistently applied. 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 COMMISSION to the GRANTEE, Said records and documents shall be made available
to the COMMISSION, the State, or their representative upon request. In the event any work is
subcontracted, the GRANTEE shall similarly require each subGRANTEE to maintain and
allow access to such records for audit purposes,
2. Removal. Disposition and Chant::e Orders of Derelict Vessels
a. The derelict vessels listed in the GRANTEE's "Derelict Vessel Listing", 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 COMMISSION 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. It is the
intention of the COMMISSION and the GRANTEE that no evidence of any waiver or
modification or amendment shall be offered or received in evidence in any proceeding or
litigation between the parties arising out of or affecting this Agreement unless such waiver, or
modification or amendment is in writing and executed as aforesaid. The provisions of this
section shall not be waived without compliance with said writing and execution requirements
3, Payments I
a. The COMMISSION shall pay, on a cost reimbursement basis, to the GRANTEE, actual
expenses incul"req up to a total grant amount not to exceed $178.520.26 under this Agreement.
Payment 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
as required by the COMMISSION. Reimbursement under this Agreement does not include
travel or any administrative costs. The COMMISSION's performance and obligation to pay
under this Agreement is contingent upon an annual appropriation by the Florida Legislature.
b. The request for compensation shall consist of an invoice on the GRANTEE's letterhead,
clearly marked as invoice, make reference to FWC Grant No.99144, a verification letter from
your district FWC office that the vessels(s) have been removed, and the form entitled
"Disposition Certification for Derelict Vessels" completed and notarized, One invoice is
allowed under this Agreement. The GRANTEE shall submit an original and three(3) copies of
the final invoice to the COMMISSION no later than December 1.2000 to assure the
availability of funds for final payment.
DV#99-01 FWCC 99144
Page 3 of 9
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 specific
shall be accomplished by the GRANTEE without additional expense to the COMMISSION.
d, Verification of compliance with the grant terms and conditions must be completed by the
COMMISSION, and payment will be authorized within 30 days after receipt by the
COMMISSION of the required "Disposition Certification"for Derelict Vessels, and a proper
invoice with supporting schedules and documentation,
e, The GRANTEE understands that section 215.422, Florida Statutes establishes certain
state agency responsibilities and grants certain vendor rights with respect to invoice processing
time limits and dispute resolution, Upon receipt, an agency has five working days to inspect
and approve the goods and services, unless the bid specifications, purchase order or contract
specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the
Department of Banking and Finance. The 20 days are measured from the latter ofthe date the
invoice is received or the date the goods or services are received, inspected and approved.
The invoice payment requirements do not start until a properly completed invoice is provided
to the agency.
A Vendor Ombudsman has been established to act as an advocate for vendors who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850)488-2924 or by calling the State Comptroller's
Hotline, 1-800-848-3782.
4. Interest
In accordance with section 215.422, Florida Statutes, the COMMISSION shall pay the
GRANTEE interest at a rate as established by section 55.03(1), Florida Statutes on the unpaid
balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a
correct invoice and receipt, inspection and approval of the goods and services. Interest
payments of less than $1 will not be enforced unless a GRANTEE requests payment.
5. Period of Grant
The grant period shall begin on the date of execution and end no later than November 17.2000. The
GRANTEE undetstands and agrees that the derelict vessel removal and disposal requirements of this
Agreement must be satisfactorily completed on or before November 17.2000.
.
6, Monitorine
The GRANTEE shall permit the COMMISSION, or its duly authorized representative, to monitor the
removal and disposal of derelict vessels covered by this Agreement as deemed necessary by the
COMMISSION,
7. Liability
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, Termination of A2reement
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
DV#99-01 FWCC 99144
Page 4 of 9
herein, In case of termination, only amounts accrued to the date of cancellation shall be due
and payable,
b, The COMMISSION shall have the right to terminate this Agreement and demand refund of
Program funds in the event of fraud, willful misconduct, or any breach of terms and
conditions of this Agreement. Failure to comply with the provisions shall result in the
COMMISSION declaring the GRANTEE ineligible for further participation in the Program.
c. Pursuant to Section 216,2815, Florida Statutes, all records in conjunction with this
Agreement shall be public record and shall be treated in the same manner as other
public records are under general law. This Agreement may be unilaterally canceled by
the COMMISSION 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.
9, Non-Exclusive Basis
As a condition of this agreement, the GRANTEE and fits SubCONTRACTORS, if any, hereby
covenants and agrees not to discriminate against any individuals's race, color, religion, sex, national
origin, age, handicap, or marital status with respect to any activity occurring pursuant to this
Agreement.
10. Prohibit Lobbyine 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.
11, Grant-Soecific Audit Requirements
In accordance with Section 216.349, Florida Statutes (financial review of grants and aids
appropriations), 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. For /(rants valued over SI00,000:
The GRANTEE shall provide to the COMMISSION an audit of this grant in accordance with
the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes.
t
b, For /(rants valued at /(reater than S25,000 and up to SI00,000:
The GRANTEE shall provide to the COMMISSION one of the following: (a) an audit of
this grant in accordance with the rules ofthe Auditor General promulgated pursuant to
Section 11.45, Florida Statutes; or (b) a statement prepared by an independent certified public
accountant which attests that the GRANTEE has complied with the provisions of this
Agreement.
c. For /(rants valued up to S25,000:
The GRANTEE shall provide to the COMMISSION a sworn statement, signed by the
GRANTEE I S chief officer under penalty of perjury, confirming that the GRANTEE has
complied with the provisions of this Agreement.
d, Copies of the required audit shall be sent to each of the following, within six (6) months
following the completion of each of the GRANTEE'S fiscal years in which the Agreement is
in effect.
DV#99-01 FWCC 99144
Page 5 of 9
-Boating Safety Coordinator
Florida Fish and Wildlife Conservation Commission
Division of Law Enforcement
620 South Meridian Street
Tallahassee, Florida 32399
-Inspector General
Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, Florida 32399
-Audit Manager
Office of the Auditor General
P,O, Box 1735
Tallahassee, Florida 32302
e. Following receipt of an audit report identifying any reimbursement due the COMMISSION, 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,
12, COMMISSION Manacement of A!!:reement
The COMMISSION'S Project Manager is Boating Safety Coordinator, Division of Law Enforcement,
Office of Planning and Policy, Phone 850-488-5600. The GRANTEE'S Project Manager is Marine
Proiects Coordinator, Phone(305)292-4511. All matters shall be directed to the Project Managers for
appropriate action or disposition,
13. Correspondence Mailine Addresses
Any and all notices shall be delivered to the parties at the following addresses:
GRANTEE"
Marine Projects Coordinator
Monroe County Marine Erojects
5100 College Rd, .
Key West, Florida 33040
COMMISSION
Florida Fish and Wildlife Conservation Commission
Boating Safety Coordinator
Division of Law Enforcement
620 South Meridian Street
Tallahassee, FL 32399-1600
14. 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, Florida
Statutes, for a period of 36 months from the date of being placed on the convicted vendor list.
15, 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.
DV#99-01 FWCC 99144
Page 6 of 9
16. 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. The parties agree that Leon County, Florida, shall be the
venue for all actions, at law or in equity, arising herefrom, to the exclusion of all other lawful venues,
17, 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.
18. 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.
19, Ri!!hts 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.
20.. Assi~nment
This Agreement is an exclusive agreement for services and may not be assigned in whole or in part
without the written approval of the COMMISSION,
21. Subcontractine
The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any
subcontract consented to by the COMMISSION 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
COMMISSION shall not be liable to any subcontractor for any expenses or liabilities incurred
under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
22.
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 Agreement the 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 REHABIUT A TIVE INDUSTRIES AND DIVERSIFIED
ENTERPRISES, INC, (P,R.I.D.E) which may be contacted at:
P.R.I.D.E.
12425 28th Street North
St. Petersburg, Florida 33716
Telephone: (727) 572-1987
DV#99-01 FWCC 99144
Page 7 of 9
2J', Complete Aereement
This Agreement contains the complete Agreement between the COMMISSION and the
GRANTEE and, as of the effective date hereof, shall supersede all other agreements,
communications or representations, either verbal or written, between the COMMISSION and
the GRANTEE.
The COMMISSION and the GRANTEE stipulate that neither of them has made any
representations except such representations as are specifically contained within this
Agreement. The COMMISSION and the GRANTEE further acknowledge that any payments
or representations that may have been made outside of those specifically contained herein are
of no binding effect and have not been relied upon by either party in its dealings with the other
in entering into this Agreement
24. Prohibition a!!ainst Contineent Fees
The GRANTEE warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the GRANTEE to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the GRANTEE any
fee, commission, percentage, gift or other consideration contingent upon or resulting from the
award or making of this Agreement.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
"
DV99-01 FWCC 99144
Page 8 of 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
first above written,
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
FLORIDA FISH AND WILDLIFE
~ION COMMISSION
~:J~
/~ Executive Director
Chairman or designee*
N ame(Print)
Title
Approved as to form and legality:
)J4 ~a/V\ // 'x;?~
FWCC Assistant General Counsel
County Name
Address
City, State and Zip Code
Federal Employment Identification
Number
Remittance Address:
~,
~
Address
City, State and Zip Code
*If someone other than the Chairman signs the Agreement, a resolution, statement or other document
authorizing the person to sign the Agreement on behalf of the county must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Type
Attachment A:
Description
Derelict Vessel Listing
DV99-01 FWCC 99144
Page 9 of 9