Resolution 733-1989
Co ity Services
RESOLUTION NO.
733
-1989
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR TO APPROVE THE
GRANT AGREEMENT BETWEEN MONROE COUNTY
AND THE STATE OF FLORIDA, DEPARTMENT
OF NATURAL RESOURCES CONCERNING THE
DERELICT VESSEL PROJECT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board
is hereby authorized to approve the grant agreement between
Monroe County and the State of Florida, Department of Natural
Resources concerning the Derelict Vessel Project, a copy of same
being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, ~: regular meeting of said Board held
on this ~ day of ~.~tI!."- , 1989, A.D.
BOARD OF COUNTY COMMISSIONERS
OF MONR~ #COUNTY, FLORIDA
By ~~Aq--
Mayor / Chairman c..
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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DERELICT VESSEL REMOVAL GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into this ___ day of November, 1989,
between the State of Florida, Department of Natural Resources, hereinafter
referred to as the Grantor, and Monroe County Board of County Commissioners,
hereinafter referred to as the Grantee.
WITNESSETH:
WHEREAS, the Grantor and Grantee do hereby mutually agree as follows:
1. Conditions of Agreement
The Grantee hereby agrees to comply with all conditions contained in
this Agreement, as well as those detailed in Appendix A titled "Standard
Conditions of Agreement" and Appendix C titled "Grants and Contracts
Accountability Policy" attached hereto and incorporated herein by reference.
2. Definition. Scope and Qualitv 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 agent or representative of the Grantor.
b. No vessel shall be eligible for removal and disposal by the
Grantee, unless and until, said vessel has been designated as a
derelict vessel by the Florida Marine Patrol.
c. Authorized disposal sites for derelict vessels shall be limited to
permitted artificial reef sites and permitted landfill locations.
Exceptions to this requirement must be approved in writing by the
Executive Director of the Department of Natural Resources.
d. No grant monies for the removal and 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.
e. 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.
f. Any pollutant found to be contained within a given derelict vessel
shall be removed and properiy disposed of by the Grantee prior to
the removal of said vessel.
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g. 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 considered in the removal and
disposal costs for each derelict vessel.
h. 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
Grantor.
i. The Grantee shall maintain such insurance coverage, either through
a self-insurance program or purchase of coverage from an
authorized insuror, as will protect it from any and all claims,
including pollutant spillage and death, which may arise from
operations under this Agreement. The Grantee shall require any
subcontractor to carry such insurance coverage as will be
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 Grantor adequacy of protection.
j. The Grantee shall provide the Grantor with a monthly written
status report within thirty (30) days of the end of each calendar
month. This report shall indicate the actions being taken or
taken to complete the grant project.
k. 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 A~reement. Any such recovered monies
shall be reimbursed to the Grantor.
1. The Grantor's performance and obligation to pay under this
Agreement are contingent upon an annual appropriation by the
Florida Legislature.
m. An awarded Derelict Vessel Removal Grant shall be subject to pre-
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audit and post-audit review by the Grantor or its repre8entative.
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 Grantor to the Grantee. Said records and
documents shall be made available to the Grantor or its
representative upon reque.t thereof.
3. Identification. Removal and Dispoaition of Derelict Ve.sela
The following 48 derelict vessels shall be removed and disposed of by
the Grantee in accordance with the provisions of this Agreement:
Maximum Allowable
Reimbursement
FMP ID , Length for Vessels Designated
of Vessels of' Vessels Removal/Disposal Disposal Site
Authorized Permitted
Community Harbor Landfill-All Vessels
09726 35' $3,125 "
09728 18' 1,980 "
09729 35' 3,850 "
09730 30' 3,750 "
09731 32' 4,000 "
09732 40' 5,000 "
09733 35' 4,375 "
09734 21' 2,310 "
09735 25' 2,750 "
Key Largo (Oceanside)
09684 30' 3,750 n
09688 24' 3,000 "
09699 24' 2,530 "
09702 21' 2,310 "
09703 27' 2,970 "
09704 40' 5,000 "
09705 26' 3,250 "
Holiday Isle (Bayside)
09666 30' 3,750 II
'09667 33' 3,630 "
09669 22' 2,750 "
09671 28' 3,500 n
09678 16' 1,760 "
Boca Chic a Channel (Oceanside)
09640 21' 2,100 n
09641 27' 2,700 "
Largo Sound
09695 17' 1,870 "
09696 35' 3,850 "
09697 18' 1,980 "
09698 21' 2,310 II
09700 22' 2,420 "
Blackwater Sound
09710 34' 4,250 n
09711 23' 2,875 II
09712 50' 5,500 "
Buttonwood Sound
09713 35' 4,375 II
09715 18' 1,980 n
Card Sound
09717 34' 3,400 n
09718 35' 3,500 "
Islamorada
09218 18' $1,980 II
09664 34' 4,250 "
09665 30' 3,750 "
a. The Grantor shall pay, on a reimbursement basis, to the Grantee,
grant funds not to exceed t~e projected maximum dollar amount by
vessel as reflected in Paragraph 3 of this Agreement. Payment
requests and expenditure documentation shall be submitted in
accordance with and on the forms included in the Grants and
Contracts Accountability Policy attached to and made a part of
this Agreement as Appendix C. However, reimbursement to the
Grantee shall be net of salvage as referenced in Paragraph 2. g.
Salvage recovery must be documented.
b. Verification of compliance with the grant terms and conditions
will be completed by the Grantor and payment will be authorized
within 30 days after receipt by the Grantor of the required
"Disposition Certification," Appendix B, and proper invoice with
supporting schedules and documentation.
5. Period of Grant
The grant period shall begin on December 1, 1989 and end no later than
November 30, 1990. The Grantee understands and agrees that the derelict
vessel removal and disposal requirements of this Agreement must be
satisfactorily completed on or before December 1, 1990.
6. Force Ma1eure
Notwithstanding anything in this Agreement to the contrary, the Grantee
shall have no liability hereunder in the event of outbreak of war, restraint
of Government, Princes or People of any nation or of the United Nations,
riots, civil commotion, Acts of God or of the public enemy or for any other
.
cause of the same or other character beyond the control of the Grantee which
prevents the Grantee from performance of the terms and conditions set forth in
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this Agreement.
7. Modification of A~reement
This Agreement and incorporated Appendices represent the entire
Agreement of the parties. Any alterations, variations, changes, expanded
scope, modifications, or waivers of provisions of this Agreement shall only be
valid when they have been reduced to writing, duly signed by each of the
parties hereto and attached to the original of this Agreement.
8. Hold Harmless Indemnification
The Grantee shall save and hold harmless and indemnify the Grantor
against any and all liability claims, judgments or costs of whatsoever kind
and nature for injury to or death of any person or persons and for loss or
damage to any property occurring in use, service, operations or performance of
work under the terms of this Agreement, resulting in whole or in part from the
negligent acts or omissions of Grantee, subcontractor, or any employee, agent
or representative of Grantee or subcontractor.
9. Grantor Mana~ement of A~reement
The Agreement Manager for the Grantor shall be the Deputy Director for
Marine Patrol Support Services. Said individual shall serve as liaison with
the Grantee and shall approve all invoices prior to payment.
IN WITNESS WHEREFORE, the parties have executed this Agreement the date
and year first above written.
WITNESS:
BY:
D. N. Ellingsen, Director
Florida Marine Patrol
3900 Commonwealth Blvd.
Tallahassee, Florida 32399
WITNESS:
Approved as to form and
and legality:
BY: ~~..; /t!!:4A--~
Attorney for the Depar ent
of Natural Resource
WITNESS:
WITNESS:
BY:
Official Representative of
Grantee
~~.'P
Agre ent dministrator
~\,/:t[lJvi :( ~711r
Agreement Manager
Deputy Director for FMP
Support Services
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MAYOR/CHAIRMAN
Title
500 Whitehead Street
Key West~ Florida 33040
Address of Grantee
305-294-4641. ext. 160
Telephone Number of Grantee
APPROVED AS ro FORM
AND fE)rLlUFFI~/~NCY
BY {( UL-
Attornf>V's GUirt'
(SEAL )
ATTEST: DANNY L. KOLHAGE, CLERK
BY:
Deputy Clerk
APPEl\"DIX A
-,-
STANDARD CONDITIONS OF AGREEMtN':
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This Agreement is subject to all of the conditions listed below. Yaiver of
any of these conditions must be upon the express written approval of the
Grantor, and such waiver shall be a part of this Agreement.
1. Allowable Costs
Only those eligible costs indicated in Appendix C of this Ag~eement
shall be allowable. All minor details necessary for the proper comple-
tion of the work herein specified shall be accomplished by the Grantee
without additional expense to the Grantor.
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2. Termination of Agreement
This Agreement may be terminated by the Grantor or Grantee by giving
thirty (30) days v=itten notice to the other party; said notice shall
be suf~ic1ent if it is delivered to the other party personally or
ma~led by certified mail to its spec~fied mailing address.
3. Monitoring
The Grantee shall pert:1itthe Granter, or its duly authorized repre-
sen:a:ive, to monitor the recoval and disposal of derelict vessels
covered by this Agreement as deemed necessa~ by the Gra~tor.
4. Co~nliance With La~s
The Grantee shall fully comply ~~th all ~pplicable laws, ordina~ces,
and codes of s~te, federal and local 3ove~ents vpich are a?pli-
cable to the work accomplished pursuant to the attached Agre~er.t.
Full responsibility for such compliance shall ~es: ~:h the Grantee.
The Grantor shall ass~e no liability for failure thereof.
5. Competen: ~mnloyees and Modern Ecui~ent 10 Be n~ili%ed
The Grantee agrees that all \1or1<. shall be perfortled by competent
employees experienced and qualified to do the \1ork specified in the
a ttached Agreement, and that all work "..ill be performed in accord2.nce
~ith the best commercial prectices and Without unnecessary delays.
The Grantee and its subcontractors must use suitable, modern equiy-
ment necessary for the sa:1s:actory execution of the Agreement.
6. Delinouent Pavment bv Grantor
In accordance with Chapte~ 215.422. Florida Statutes, interest at a
rate of one (1) percent per month or portion thereof, shall be paid to
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the Grantee if a warrant in payment ~f an invoice is not mailed by the
Grantor.~jthin 4~.days after receipt of a correct invoice and receipt,
inspection, and approval of the goods and/or services. The Grantor
shall have 10 days from its receipt of notice required by Appendix B
of this Agreement before said 45 day period begins. The Grantor
requires such 10 days for its inspection of the vessel site(s).
7. Public Access to Documents
This Agreement may be cancelled by the Grantor ~ithout prior notice 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
~ith this Agreement.
,