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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.) ~. CONTRACT REVIEW Changes Needed Yes .No / ( ) M Date Out I bate In Division Director 31 z10V 1-lllJ ..YP ~anagiLl\nt O'Ii,B .IPurlh\s'ing 3 1.2. OIOf:) ( ) 1,10 ,(J[) ( L'Zo/~ County Attorney ~'I-:J-' UP , 3-'ZJ~6 ~;r: or;;;~CViS)€~~M3~D /;:s. i/Y/7/1r r-7?~ 7vcs~cf AI ,$/tJojr-/-. AIt~1-3'-c!5 !:!F0~~hr:O::!- ~~~~.LrYc!,/ ~~o I~-I;~ /{),~n,~vfft~ FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ',," \\~H ArlO ,~/ ~~ '0 (' ~\~ '....',? ".! ::'~.1 !:? ::: .. ,oJIIIII""l ~"~'t.- ,.'", ~__ \~~ "lioN" CO 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