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03/19/2003 Agreement Cleltl of 11Ie Circul coun Danny L. Kolhage Phone: 292-3550 Fax: 295-3663 Memoranlium To: Tim McGarry, Growth Management Director From: Colleen Gardner Isabel C. DeSantis,' .J ) Deputy Clerk ~ Attn: Date: Wednesday, April 02, 2003 At the BOCC meeting of March 19, 2003, the Board approved the following: Derelict Vessel Grant between Monroe County and the Florida Fish and Wildlife Conservation Commission in the amount of $42,600. Enclosed please find three (3) duplicate originals executed by Monroe County for your handling. Please be sure that the sets marked Monroe County Clerk's Office Original and Monroe County Finance Department's Original are returned to this office as quickly as possible. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney Finance Department, memo only File ~ LQerfiIdIed OD ../ date .., ICO . ...... Growth Mana!/:ement Division 2798 Overseas Highway Suite 400 Marathon, I10rida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 Board of County Commissioners Mayor Dixie M. Spehar, Dist. 1 Mayor Pro Tern Murray E. Nelson, Dist. 5 Comm. Charles "Sonny" McCoy, Dist. 3 Comm. George Neugent, Dist. 2 Comm. David Rice, Dist. 4 April 8, 2003 Ms. Wendy Huszagh Derelict Vessel Grant Specialist Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 RE: Derelict Vessel Grant m .J'I Dear Ms. Huszagh: Enclosed please fmd five (5) duplicate originals of the grant vessel agreement between Monroe County and the Florida Fish and Wildlife Conservation Commission in the amount of $42,600. I would appreciate your assistance in obtaining the appropriate signatures on these documents and returning the two copies marked "Monroe County Clerk's Office Original" and "Monroe County Finance Department's Original" to my attention. If you have any questi~ns, please contact me at (305) 289-2517. Sincerely, ~~ Colleen Gardner, Executive Assistant Growth Management Division Enclosures leg 'M,.,,.,;,,~C':;;~.:,,,"~ .~~ cc: Timothy J. McGarry, AICP, Director of Growth Management George Garrett, Director of Marine Resources Lissete Cordova, Administrative Assistant, Marine Resources Belle DeSantis, Deputy Clerk FLORIDA FISH AND 'NILDLIFE CONSERV-TION C SSION EDWIN P. ROBERTS, DC Pensacola RODNEY BARRETO Miami SANDRA T. KAUPE Palm Beach HA. AHERKY@ HUFFMAN Enterprise DAVID K. MEEHAN St. Petersburg JOHN D. ROOD Jacksonville RICHARD A. CORBETT Tampa KENNETH D. HADDAD, Executive Director VICTOR J. HELLER, Assistant Executive Director DIVISION OF LAW ENFORCEMENT COLONEL JULIE JONES, Director LT. COLONEL DON HOlWAY, Deputy Director LT. COLONEL JIM McCALLISTER, Deputy Director (850) 488~251 TDD (850) 488-9542 April 14, 2003 Mr. George Garrett Monroe County 2798 Overseas Highway, Ste. 420 Marathon, FL 33050 Dear~0\90(X- Enclosed is aQinal C~y of your executed Derelict Vessel Removal Grant Agreement with the Florida Fish and Wildlife Conservation Commission (FWC). With the Agreement fully executed, you are now able to proceed with removing the derelict vessels listed in the Attachment A of the Agreement. All removal activities must be directly coordinated with and supervised by a representative of the FWC regional Law Enforcement officer who will verify the vessel has been completely removed. NO PAYMENT will be made for vessel removal without formal confIrmation of removal from the FWC. Please note that you will not be reimbursed for removal activities beyond June 7, 2003. Our fIscal year will end June 30,2003. If grant funds are certifIed forward, the Commission may notify you by certifIed letter of additional budget authority, and may possibly allow grant activities to continue through the remaining term of the Agreement. The first invoice must be received no later than June 10, 2003, to assure the availability of funds for payment. You may call me at (850)488-5600 ext. 173, should you have any questions regarding this Agreement. ~u~i ist I Removal Program Enclosure /wh . 620 South Meridian Street@ Tallahassee @ FL @ 32399-1600 www.floridaconservation.org ~"'~',,.,."",.,,I""""~__4.- "" It ""'P."" ~< . <..../" '::.;j' "-L<:-"-,~I ~ '_:j.'--"~"-..!'--" ,,~, FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DERELICT VESSEL REMOVAL GRANT AGREEMENT FWC GRANT NO 02139 THIS AGREEMENT is entered into between the FLORIDA FISH AND WILDLIFE CONSERV AnON COMMISSION, hereinafter referred to as the "COMMISSION", and Monroe County Board of County Commissioners. whose address is 2798 Overseas Hh:hwav. Marathon. FL 33050.and 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 376.15(2)(b), Florida Statutes, hereinafter referred to as the "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: 1. Definition, Scope and Ouality of Grant Services a. The GRANTEE shall administer the removal and disposal of designated derelict vessels as an independent 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 Commission's Bureau of Marine Enforcement as prescribed by General Order of the COMMISSION's Division of Law Enforcement. 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 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 Executive Director of the 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. For derelict vessels disposed in a landfill, the documentation must be a landfill receipt clearly marked with the derelict vessel number and, date of disposal for each derelict vessel. 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#02-03 FWCC 00139 Page 1 of 10 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 the derelict vessel. h. The GRANTEE 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 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 ofthe 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 insurance will not be cancelled for any reason except after thirty(30) days written notice to the COMMISSION'S project manager. 1. To the extent required 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 GRANTEE'S employees connected with the work ofthis project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor 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 GRANTEE's 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#02-03 FWCC 00139 Page 2 of 10 m. 2. 3. 4. Should the rightful owner be discovered, the GRANTEE shall make a reasonable effort to recover from the derelict vessel owner(s) all grant funded removal and disposal costs incurred pursuant to this Agreement. Any such recovered monies shall be reimbursed to the COMMISSION, with a check marked restitution of derelict vessel removal, and Agreement number 02139. Record Keepin2: Reauirements The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance ofthis contract, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this contract. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. Disposition, Status Reports, and Chan2: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 list of 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. c. The GRANTEE is required under the terms of this Agreement to submit monthly progress reports to the COMMISSION detailing the exact status of each derelict vessel with regard to the removal process. Such reports shall be due by the 15th of each month to the COMMISSIONS's Program Administrator until the Certification of Completion is submitted. Failure to make these progress reports to the COMMISSION shall be deemed a material breach ofthe Agreement and may subject the GRANTEE to cancellation of the Agreement. Reimbursements a. The COMMISSION shall pay, on a cost reimbursement basis, to the GRANTEE, actual expenses incurred up to a total grant amount not to exceed $42,600 under this Agreement. Payment DV#02-03 FWCC 00139 Page 3 of 10 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 I(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; A) An invoice on the GRANTEE's letterhead, clearly marked "Invoice", that makes reference to FWC Grant Agreement number. 02139: B) A visual verification of removal report entitled "Incident/Summary Report Narrative", (FWC/DLE-045A), from your district FWC office that indicates the derelictvessel(s) have been removed; C) Photograph's of the actual removal for each derelict vessel removed under this Agreement, and D) The form entitled "Disposition Certification" for Derelict Vessels completed, and notarized. c. Up to two invoices may be allowed under this Agreement. Under existinl! budget authority. the first invoice must be received no later than June 10,2003. to assure the availability offunds for payment. A second and final invoice date may be extended by the COMMISSION, at its discretion, if budget authority is certified forward as outlined in the Term of Agreement section, and contingent upon satisfactory performance to date by the GRANTEE. d. 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 specified shall be accomplished by the GRANTEE without additional expense to the COMMISSION e. 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 of allowable expenses incurred. f. Reimbursement shall be made in accordance with Comptroller Contract Payment Requirements as shown in the Department of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook, Chapter 4.,C., I., attached hereto and made a part hereof as Attachment B. Unless a retroactive waiver for Project work has been approved by the COMMISSION, the GRANTEE understands and agrees that there shall be no reimbursement of funds for expenses incurred after November 15,2003. 5. Term of A!!reement The grant period shall begin on the date of execution, and end no later than November 15. 2003 . It is understood and agreed that budget authority for this Agreement ends June 30. 2003. and the COMMISSION's authority to authorize spending under the Agreement beyond that date is contingent upon certification forward of grant funds by the Governor's Budget Office, of which there is no guarantee. Therefore. the GRANTEE shall not be reimbursed for activities bevond June 7.2003 . unless and until notified otherwise bv the COMMISSION. If grant funds are certified forward, the COMMISSION may, at its discretion, notify the GRANTEE by certified letter of the additional budget authority, and thereby authorize the GRANTEE to continue grant activities through the remaining term of the Agreement. DV#02-03 FWCC 00139 Page 4 of 10 6. Distribution of Funds Program funds shall be disbursed to the GRANTEE only after completion ofthe Project occurs and work is verified by COMMISSION staff. Payment will be made only for documented and verified costs. The COMMISSION will not pre-approve or disburse any Pro2ram funds in advance. Failure to complete the Pro.iect and make final payment request to the COMMISSION within the stipulated period shall result in termination of this Agreement. Any funds not disbursed or expended by the end of the stipulated period are subject to the provisions of Chapter 216.301, Florida Statutes. 7. Monitorin2 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. 8. 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. 9. Termination of Aereement 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 herein. In case of termination, the GRANTEE will not be reimbursed for any work performed after receipt of the written notice. 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. 10. Public Records All records in cOl~junction with this Agreement shall be public record and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 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 sUQject to the provisions of Chapter 1 19,Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. 11. Non-Exclusive Basis As a condition of this agreement, the GRANTEE and fits subcontractors, if any, hereby covenant and agree 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. DV#02-03 FWCC 00139 Page 5 of 10 12. Prohibit Lobbvin~ Expenditure In accordance with Section 216.347, Florida Statues, this Agreement strictly prohibits the expenditure of Derelict Vessel Removal Grant funds for the purpose oflobbying the Legislature, the judicial branch, or a state agency. 10. FederallFlorida Sin!!:le Audit Acts Requirements Effective July 1,2000, the Florida Single Audit Act requires all non-State organizations who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment B, titled "Requirements ofthe Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 11. COMMISSION Mana!!:ement of A!!:reement The COMMISSION'S Project Manager is Boating Safety and Waterway Management Coordinator, Division of Law Enforcement, Boating Safety and Waterway Management Section, Phone850-488-5600. The GRANTEE'S Project Manager is Director of Marine Resources. Phone 305-289-2807. All matters shall be directed to the Project Managers for appropriate action or disposition. 14. Correspondence Mailin!!: Addresses Any and all notices shall be delivered to the parties at the following addresses: GRANTEE COMMISSION Monroe County Director of Marine Resources 2798 Overseas Highway Marathon, FL 33050 Florida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 South Meridian Street Tallahassee, Florida 32399-1600 15. 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 ofthe threshold amount under Category Two provided in Section 287.017, Florida Statutes, for a period of36 months from the date of being placed on the convicted vendor list. 16. Prohibition of Discriminatorv Vendors In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a DV#02-03 FWCC 00139 Page 6 of 10 contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 17. 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. 18. Jury Trial Waiver As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19. 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 here from, to the exclusion of all other lawful venues. 20. 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. 21. 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. 22. Riebts 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. 23. Assienment 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. DV#02-03 FWCC 00139 Page 7 of 10 24. Subcontractin!! 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. 25. 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 REHABILITATIVE 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 26. Prohibition af:ainst Contin!!ent 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. 27. 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 DV#02-03 FWCC 02139 Page 8 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last below written. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Lft#- >n ~ o3-/g~o.3 Chairman or designee* Date P f V-/S Name(Print) S?~!-/4L MftY ~e Date Title FWCC Pr r IV) 0 (V PPE- legality: County Name Address City, State and Zip Code (SEAL) ArrEST: DANNY l. KOLHAGE, QERK ByQ~C.~\j~ DEPUTY CLERK ~ Federal Employment Identification Number: S4-03-022S05-53c Remittance Address: APPROVED AS i fORM. A Address City, State and Zip Code r--" ...., =." *If someone other than the Chairman signs the Agreement, a resolution, statement or~~ dodiDnenF authorizing the person to sign the Agreement on behalf of the county must accompant~; ;g g Agreement. ~~:><< N ." o~ co ~ <= ;0 ;; ~ List of attachments/exhibits included as part of this Agreement: 3, s: -0 -0 :-< ~ ~ ::?: 0"1 ~)>_' ~2 N g c:> \.C CJ DV#02-03 FWCC 02139 Page 9 of 10 Type Attachment A: Attachment B: Attachment C: Description Original Grant Application Comptroller Cost Reimbursement Requirements Requirements of the State and Federal Single Audit Acts DV#02-03 FWCC 02139 Page 10 of 10 JUL-15-2002 10:57 FWC/BOATING SAFETY 850 488 9284 P.02/05 FLORIDA FISH AND .. ILDLIFE CONSERVATION COM~" ~ION DIVISION OF LAW E1\"FORCEMENT APPLICATION FOR DERELICT VESSEL GRANT REMOVAL FY 2002-2003 APPLICA1'IT I~FOR.t'lATIO~ Attachment A uate 7-15-{)2 1. Applicant: Monroe County " Federal Employment Identitication ~umber: 54-{)3-{)22505-53C .., J. Project Manager: Kim McGee 4. Title: Marine Projects Coordinator S. Address: 5100 College Rd. () . T .:h:phonc: (300:, 292-4511 fax: (305) 295-4317E-mail: kmcgee@mail.state.fl.us 7. Comput~r Solhvan:: _Works. _ Word Pcrkct. -x-MicroSoli Word.__.___othcr ~Q(eV'J~IO f) it/;o l'-,;umber of Rcgistcn:d V~ssds: Unknown / Yoo /~ g. Total Grant Amount R~qucstcd: $ Population of Jurisdiction: 80.000 (-louse Oistrict if: Senate District It: .Tot:11 number of derelict vessels repnl1ed within the Jpplicants jurisdiction: .. Attach J copy of the FIl)riJa Fish :tnd \Vildli r~ e onscrvJtion C ()[nmission Derdict Vesse! Report lor each vessd to be considered for removal with grant funds. (Copies of these reports may be obtained from your local rwee District Otlice.) DISPOSAL METHOD ~kthod proposed for handling the removal :md disposal of the: designated Derelict Ve:ssds: Use of 0\\11 resources x Use of .;ontractual services Specify proposed contractor, if known Unknown at this time. Additional disposal method comments., (if any): Grant Agreement # (Assigned By F\VCC) Page 1 of :2 JUL-15-2002 10:58 FWC/BOATING SAF~TY 850 488 9284 P.03/05 As duly authorized by Monroe County Board of County Crnmn; !':!':; nnprq I hereby make application on behalf of the applicant for a Derelict Vessel Removal Grant pursuant to 62N-16,029, Florida Administrative Code. I further certify that the above supplied documentation is correct to the best of my knowledge and that the grant applicant agrees to the conditions specified in this program. Monroe County GRANTEE ^7p~ Signature of Authorized Repn:senlJ.tive ofGovcming Body Kim McGee Printed name of Authorized Repn:seIlt:ltivc Marine Projects Coordinator Title SEAL .,..'1~":':", /;;~'r..'~~~'" _~ 3ertye cCIVerv ~': 'B' :'~ MY ,-~MMISSjCN; CC96D/32 rX;:IRES ~',@,;J: ~ugusl 13, :004 ~ lCNCElllM.u 11iCY fA1:NSLR"C~NC / '" '\ .--J' ! h. -rr- ('\ ;"\ f U · / , I ',{.lj,l.',.:/' . {.. ,\..- -(....~\' ~If"" ( , " '-- ' I // 'JI 7/1::::/{~ Page 2 of : 7-15-02 Date (JOS) 292-4511 Telephone Number JUL-15-2002 11:00 FWC/BOATING SAFETY 850 488 9284 P.05/05 ATTACHMENT B QUESTION REGARDING FY 2002-2003 FUNDING . . 1. Did the applicant participate in the Derelict Vessel Grant Removal Program in the past fiscal year? (If you answered "no", then please disregard Questions 2 thru 5). Yes "') Were the grant agreements received from the grantee back to FWCC for execution. within 90 days? Yes .). To what dcgree of commitment did the applicant maintain coastal \.-vaters free of dcn:lict vessels, and seek administrative. criminal. or civil action against those owners who abandoncd vessels in thc waters of the state? Please explain. The County supports any and all legal action taken against vessel owners in violation ot FL Statue 823.LL but are not able to file charges directly because we are not in a law enforcement position. 4. How much mon~y reverted back to FWCC? Was the proj~ctcd cost lor vessel removal and disposal effective': Pkasc explain. For 1st years projects no money reverted back to the State. Monroe County is very competitive. We seek the lowest most qualified bidder to complete removals. Since we are the largest County in the State the Florida Keys are divided into several project areas for cost effective1Purooses. We are committed to removing as many vessels per year as pOSS1D e W1tn tund1ng awaraea. \Vcre Status Reports returned ro FWCC as required? 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Rlce, DiStrict 4 -~- --- ------------ -- December 27, 2002 Viendy Huszagh-Gr:mt Specialist F.W.C.C.-Division of Law Enforcement 620 S. Meridian Street Tallahassee, FI 32399-1600 Dear i\ls. Husz3.gh. The tollowing is a revised list of derelict vessels that JVfonroe County would like to remove during the 2003-removal year: DV# Approximate Cost ,~- \ 1&18 ~m- 3212 3217 3247 3254 1\ 3309 C 3442 3577 3589 3614 3615 3633 $75.000 ') N') T 75,000 :s 1,600 1,400 ],600 2.100 1,600 6 000 --? ) r<-.. 5. 3,200 ] ,600 3AOO 3.000 900 \=L1GIGLL=- , ;\' \'\/ ~V' '0\~ \'- \ tf' ,.., >\~) V'(\Q'" '(\, 8-21-1995 1 :48At-1 FROr1 t.1ARHIE PROJECTS 295 4.317 P.l 3657 3670 3688 3698 3689 3691 3693 3697 3698 3700 3701 3702 3703 3704 3705 3706 3707 3708 3709 3710 . 3711 3712. 3720 3724 3725 37'26 37'27 3731 3732 3734 \\z- ~~" \ Total Amount Roquosted:~}W,400 J....:p/ if' '~ Sincerely. .-///'/ {\ ()\ ~7?~ 2,600 10,000 2,100 2,300 2,300 3,900 1,400 3,200 2,300 3,500 4,500 4,500 2,500 2,000 2,500 2,000 2,500 3,500 3200 3,000 1,600 1,400 3,200 2,300 1,400 2,400 3,200 2.500 900 2300 Kim :\'fcGee !vlarine ProjectS Coordinator Monroe County Marine Resources C -2 ' -1 SS;S '; .lS",~ . 1=C-C" 11.L.~..:,=: ;;=-O.;EC"'S 295 42'7 ;:-.1 O~~T:' ~~~E ~\~~1 8O"'R~Hn..COMMJSSIOHERS Miyor Ooln" M. Spffiar, Oo!:lnct 1 loIayor Pm Tem MUrTilV E. NeI5On. o.Sln::t 5 G<!o'g<o NaJ<)enr. oanct 2 Charles "Sonny" McCov. OoSlntt 3 David P. Ri~ D1~.ct 4 December 27, 2002 Wendy Huszagh-GrJnt Specialist F.W.C.C.-Division ofbw Enforcement 620 S. Meridian Street Tallahassee. Fl 3::30Q-l lion De:1r \-Is. Huszagh. The followm~ IS :1 revIsed li~;t of dt:rclict vessels rhat Mnnroe County '.vould like to rcmo\le dunn:?, the 21lIlJ-remov:1l YC;U': DV# ;\pproxim:1tc Cost 1818 '575.000 2223 75.000 3212 1.600 3217 1..100 3247 1.600 3254 2,100 33()') I,hel) 3-42 6:5.000 3577 3,200 3589 1,600 3014 3.\00 3t1l5 3.000 3633 900 ~~......, )1.)- 3734 ::.5 on 900 2,300 373l Total :~.'11ount Requested-SJ:O.400 Sincere:::', ~77~ Kim ~IcGee ~brine Projects Coordinator :\Ionroe Coumy Marine Resources F~ORIDA FISH ANI ~~ .1LDLIFE CONSERV.. )N COMMISSION DAVID K. MEEHAN St. Petersburg H.A. "HERl{Y" HUFFMAN Deltona JOHN D. ROOD Jacksonville QUINTON 1. HEDGEPETIl. DDS Miami EDWIN P. ROBERTS, DC Pensacola RODNEY BARRETO Miami SANDRA T. KAUPE Palm Beach KENNETIi D. HADDAD, Executive Director VIcrOR J. HEllER. Assistant Executive Director DMSION OF LAW EI'/FORCEMENT COLONEL JUUE JONES, Director LT. COLONEL DON HOLWAY, Deputy Director LT. COLONEL JIM McCAllISTER. Deputy Director (850)488-6251 TOD (850)488-9542 October 24, 2002 Ivls. Kim McGee Marine Projects Coordinator Monroe County 5 100 College Road Key West. Florida 33040 Dear Ms. ivleGee: The Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, has on tile the project application for Monroe County for the Derelict Vessel Removal Grant program, FY2002/2003. Since the application has been on tile since July 2 1,2002, the division has not reviewed nor ranked your project application. I f the county needs to make changes or revisions to this project application, you may do so at this time. Revisions to the application should be addressed in writing, and returned to the Division of Law Enforcement to my attention no later than December 30, 2002. Should you have any further questions, please call (850)488-5600, extension 173. Sincerely, , ^ (~. ~ \ /1 'SC(t.' c l j~E:h~ ~L~>/l W endy ~.z. gh \----1 Grant S cial st Division ot aw Enforcement Boating Safety and Waterway :Vlanagement Section wh cc: Capt. Alan S. Richard Mr. George Garrett 620 South Meridian SlrCCI . Tallahassee' FL . 32399-1600 www,f1oridaconservaDoo,ora ATTACHMENT A Agreement # 02139 Monroe County FLORIDA FISH AND WilDLIFE CONSERVATION COMMISSION Division of Law Enforcement 620 South Meridian Street Tallahassee, FL 32399-1600 Disposition Certification for Derelict Vessels I, the undersigned contractor or my representative, hereby certify that the derelict vessels listed below were properly and legally removed and disposed of at the permitted disposal sites indicated below: Vessel Specify Disposal Date Removed FWC Estimate Removal Site: DV# Length of Cost Artificial Reef - AR Vessel Land Fill - LF Recycle - R Signature of Contractor & date Notary Public Signature Subscribed and sworn before me at Printed Name of Contractor this day of _, 200_Witness & Date My Commission Expires: Company Name (seal) Attachment "A" to DVGRANT.02139(04/14/03) ATTACHMENT B Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook (10/07/97) CostReimbursementCon"ac~ Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities arc not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. FWC 02139 Page I of 1 ATTACHMENT C REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. Monitorinf! In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non- state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300.000 in state financial assistance in its fiscal year. an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Anthony Carro, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A- 133, as revised. Pursuant to Section .320 (t). OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Anthony Carro. Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building. Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: The Commission at the following address: Anthony Carro, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: The Commission the following address: Anthony Carro, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director, Anthony Carro, by phone at (850) 921-1794 or by email at anthony carro@fwcstateflus PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. EXHIBIT -1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: None SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Agency: State Program: CSFA No.: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Derelict Vessel Removal Program 77.005 Monroe County Board of County Commissioners $42,600 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: A. Activities Allowed: submerged land. Project removal activities must occur in state B. Eligibility: Coastal County Governments of the State of Florida All FWC rules, policies and procedures as well as all state and federal rules must be complied with. C. Matching: Not required D. Period of Availability of State Funds: The Recipient must complete and have made final payment request to the Commission within the time specified in the contract.