Backup Documents 09/24/2019 Item #16A18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. �1r \f f i/l0 later
tlet+
**NEW** ROUTING SLIP • `f' FD i i /,
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already compl&e with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Capital Project Planning, Impact
Fees&Program Management
2 County Attorney Office County Attorney Office
3. BCC Office Board of County Commissioners l.,.. >^t�
4. Minutes and Records Clerk of Court's Office
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I (c\PRIMARY CONTACT INFORMATION
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Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Capital Project Planning,Impact Fees& Phone Number 252-2925
Contact/Department Program M nagement -t_cp�,,,.��, --,ri=c
Agenda Date Item was 9.24.19 Agenda Item Number 16.A.18 t✓
Approved by the BCC
Type of Document Grant Agreement Number of Original —=.1/2,....\\
Attached Documents Attached `��
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? SkbqQK GS
2. *Does the document need to be sent to another agency for additional signatures? If yes, GS
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be GS
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the GS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's GS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9.24. and all changes made during the N/A is not
meeting have been incorporated in the attached d current. The County Attorney's Q an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for theQ/Z ' an option for
Chairman's signature. v+�" this line.
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: November 19, 2019
To: Gino Santabarbara, Principal Planner
Impact Fees & Program Management Division
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Cooperative Agreement between US Dept. of Interior, Fish &
Wildlife Service, Ten Thousand Islands NWR and FDEG,
Rookery Bay NERR and Collier County
Grant Agreement
Attached are four (4) originals of the document as referenced above, (Agenda Item
#16A18) approved by the Board of County Commissioners on Tuesday, September
24, 2019.
Please forward for additional signatures and return a fully executed
copy to our office for the Board's Official Record.
If you have any questions, please feel free to call me at 252-7240.
Thank you.
Attachment
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H Wim,11 FWS AGREEMENT NO.:
MIMICS FDEP AGREEMENT NO:
Collier County Contract NO:-
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COOPERATIVE AGREEMENT
BETWEEN THE
U.S. DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE, TEN THOUSAND
ISLANDS NWR
AND
FLORIDA DEPT. OF ENVIORNMENTAL PROTECTION, ROOKERY BAY NERR
AND
COLLIER COUNTY, FLORIDA
THIS MEMORANDUM OF AGREEMENT is entered into by and between COLLIER
COUNTY,FLORIDA, 2685 South Horseshoe Drive Naples FL 34104, hereafter referred to as
COUNTY, ROOKERY BAY NATIONAL ESTUARINE RESEARCH RESERVE, 300 Tower
Road Naples, Florida 34113, hereafter referred to as the RESERVE and U.S. DEPARTMENT
OF INTERIOR,FISH AND WILDLIFE SERVICE, 12085 SR 29, Immokalee, FL 34142,
hereafter referred to as SERVICE
I. COOPERATIVE AGREEMENT RECIPIENT:
Collier County,Florida
2685 South Horseshoe Drive
Naples, FL 34104
Recipient Class: County Government
Catalog of Federal Domestic Assistance Number:
IL AUTHORITY:
This agreement between the U.S. Department of the Interior, Fish and Wildlife Service
(hereinafter referred to as the "Service"), Florida Department of Environmental
Protection, hereinafter referred to as the "Reserve,"and Collier County (hereinafter
referred to as the"County,"is hereby entered into pursuant to the authority contained in
Section 1 of the Fish and Wildlife Coordination Act(16 U.S.C. 661),the Fish and
Wildlife Act of 1956 (16 U.S.C. 742a-742j),and The Partners for Fish and Wildlife Act
of 2006(Public Law 109-294)., and Chapter 403, Florida Statutes
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III. PURPOSE:
This Cooperative Agreement is being implemented in order to facilitate a multi-
jurisdictional marine debris removal on Land Units of Ten Thousand Island National
Wildlife Refuge, Collier County and State of Florida. As part of this effort, the
SERVICE, RESERVE and COUNTY are collaborating under the refuge to fund and
direct this debris removal following hurricane Irma. Marine debris removal activities
are limited to marine debris that poses a threat to human health and safety and/or natural
resources (flora, fauna, and their habitats), such as, but not limited to derelict vessels,
derelict fishing gear, and various construction/demolition debris related to Hurricane
Irma.
IV. BACKGROUND:
The SERVICE, RESERVE and the COUNTY have similar interests to remove hurricane
debris for the protection of Fish, Wildlife and the continuing benefit of the general
public.
V. SCOPE OF EFFORT:
For the period hereinafter set forth, the COUNTY, RESERVE and the SERVICE will
work together to remove marine debris. This is a multijurisdictional hurricane recovery
project to remove debris from the waters within Ten Thousand Island National Wildlife
Refuge, Rookery Bay NERR and Collier County, FL.
A. The SERVICE, RESERVE and COUNTY mutually agree:
I. That each and every provision of this agreement is subject to the laws of the
United States and the State of Florida.
2. To cooperate in providing recognition for each party of this agreement.
3. That each party will assign an official representative to coordinate and carry
out the provision of this agreement.
4. That activities covered within this agreement shall not be construed as
obligating the SERVICE, RESERVE or the COUNTY to expend, or as
involving the United States or the COUNTY in any contract or other
obligation for future payment of money, other than as specifically stated in
Article VII of this agreement; or in excess of appropriations authorized by law
and administratively allocated for this agreement.
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5. That this agreement in no way restricts the SERVICE, RESERVE or the
COUNTY from participating with other public and private agencies,
organizations, and individuals in similar activities; or from accepting
contributions and gifts specifically for the protection, restoration,
enhancement, and management of environmental resources.
B. Specifically,the SERVICE will:
1. Provide funds as specified in a separate agreement to the COUNTY to fund
this research as a mutually beneficial marine debris removal of the waters and
lands within Ten Thousand Islands National Wildlife Refuge and surrounding
waters that serves to support the public trust and our respective missions.
2. Assign a Service Project Officer to coordinate all activities under this
agreement.
3. Service Project Officer will assist COUNTY with Establishment of a working
group, and will be a member of said working group
4. Assist, as needed, in the identification and selection of sites and practices to
be implemented.
5. Provide other reasonable technical assistance as requested by the COUNTY.
C. Specifically, the RESERVE will:
I. Provide funds through a Purchase Order or a My Florida Market Place (MFMP)
transaction to the COUNTY to fund this project as a mutually beneficial marine
debris removal of the waters and lands within Rookery Bay NERR and surrounding
waters that serves to support the public trust and our respective missions.
Notwithstanding this agreement, the terms and conditions of that Purchase Order or
MFMP transaction shall be the controlling provisions regarding payment to the
County by the Reserve.
2. Assign a RESERVE staff member to coordinate all activities under this
agreement.
3. A RESERVE staff member will assist COUNTY with the establishment of a
working group, and will be a member of said working group
4. Assist, as needed, in the identification and selection of sites and practices to be
implemented.
5. Provide other reasonable technical assistance as requested by the COUNTY.
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D. Specifically, the COUNTY will:
1, Be knowledgeable of the COUNTY's RESERVE and SERVICE's project
management approaches and will partner with the Service in order to see the
project completed.
2. Coordinate with agency managers, to identify and better utilize existing
incentives that will facilitate the debris removal.
3. Establish a working group with the SERVICE and RESERVE with
appropriate membership, to facilitate the implementation and completion of
the removal of marine debris.
4. Administer all contacts associated with the use of the funding.
5. Monitor activities funded under this agreement and provide site specific data
to the SERVICE and RESERVE. This shall include the maintenance of
complete and accurate records of actual and necessary costs of carrying out
specific projects under this agreement. The COUNTY will retain such records
for a period of three (3) years following the completion of the project, during
which time these records shall be made available upon request to the Service
for review and audit.
6. Provide to the Service Project Officer those reporting and delivery projects
specifically identified in Article XII of this agreement.
E. Required field support from the COUNTY, RESERVE or SERVICE
Logistical field support will be critical to the cost-efficient implementation of the
marine debris removal. The following assistance and in-kind support will be
required to facilitate our field research.
COUNTY
1. COUNTY staff to require any marine debris contractors to adhere to all NEPA
guidelines and include those guidelines in any contracts or task assignments.
SERVICE
1. Use of a SERVICE boat (operated by a SERVICE MOCC trained boat operator)
2. SERVICE staff to scout and inspect the removal of debris
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3. Use of SERVICE staff to ensure best management practices are being used in
sensitive areas of the refuge.
RESERVE
1. Use of RESERVE staff to use RESERVE vessels
2. RESERVE staff and volunteers to map and inspect the removal of debris
3. Use of RESERVE staff to ensure best management practices are being used in
sensitive areas of the reserve.
VI. PERIOD OF PERFORMANCE:
The period of performance of this agreement is from September 1, 2019 through
September 30, 2022.
VII. AWARD AMOUNT:
A. TOTAL SERVICE (NOT-TO-EXCEED)AWARD AMOUNT: $190,003.41
VIII. APPROPRIATION DATA:
FF04RFFP00 - FXRS292504IDFTT - 189 ($190,003.41) (FY '18) (USFWS)
IX. PAYMENT PROVISIONS:
A. Upon acceptance of the terms and conditions of this agreement, the Recipient may submit
requests for payment through the U.S, Treasury's Automated Standard Application for
Payments (ASAP) system (www.asap.gov). This will require the Recipient to register in
ASAP and obtain password access to process payment requests. The Debt Collection
Improvement Act of 1996 (P.L. 104-134)requires that all federal payments made by an
agency after July 26, 1996,must be made by electronic funds transfer unless the
Recipient certifies that they do not have an account at a financial institution or authorized
payment agent.
B. Should the Recipient be unable to complete the provisions of this agreement, all monies
provided by the Service which prove to be cancelable obligations or unallowable costs in
accordance with 2 CFR 220/225/230 or the approved budget, shall be refunded to the Service.
C. This agreement is intended to support a particular project for a specific period of time.
Any portion of funds advanced to the Recipient that are not expended at the completion of the
period of performance of this agreement shall be returned to the Service, along with any interest
earned on that amount.
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VIII. ADMINISTRATIVE OFFICER:
The Administrative Officer for this agreement is:
Jayson Horadam
U.S. Fish and Wildlife Service
Contracting and Grant Services
1875 Century Boulevard, Room 310
Atlanta, GA 30345
Fax: 404-679-4057
Email: Jayson.Horadam@dep.state.fl.us
IX. PROJECT OFFICERS:
A. Ten Thousand Islands, U.S. Fish and Wildlife Service
Kevin Godsea
12085 SR 29
Immokalee, FL 34142
(239) 657-8011
(239) 657-8002 fax
Kevin_godsea@fws.gov
B. Rookery Bay NERR, FLDEP
Keith Laakkonen
Rookery Bay NERR, Florida DEP
300 Tower Road
Naples FL 34113
(239) 530-5942
Keith.Laakkonen@dep.state.fl.us
C. Collier County
Amy Patterson
Capital Projects and Planning, Collier County
2685 South Horseshoe Drive
Naples, FL 34104
XII. REPORTING/DELIVERY REQUIREMENTS:
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A. Interim Reports: The COUNTY's Project Officer identified in Article XI.B shall
submit a brief annual quarterly progress reports to the Service and Reserve Project
Officers. by the 30th day of September 2020, 2021, 2022.
Within 30 days following the completion of an individual habitat restoration or
improvement project; stakeholder or working group meeting; development of
economic models for panther conservation,as outlined in the Scope of Effort
(Section V.)under this agreement, the COUNTY's Project Officer will provide
the Service and Reserve Project Officer with an overview summary report,
including any recommendations for additional studies or information needed to
further support habitat restoration or improvement associated with the subject
project. Also, the COUNTY shall document the before and after project habitat
condition by taking both color slides and photographs as deemed appropriate by
the COUNTY to adequately depict site conditions. A copy of such photographic
materials shall be provided to the Service Project Officer.
B. Final Reports: Within 90 days after the agreement completion date as defined in
the agreement or most current modification, the Recipient Project Officer shall
submit a final report to the Reserve and Service Project Officer identified in
Article XI.A of this agreement. A copy of the final report shall also be
forwarded to the Service Administrative Officer.
C. Federal Financial Reports (SF 425):
Annual
An annual Federal Financial Report (Standard Form 425) shall be submitted
within 90 calendar days after the agreement year (i.e. 12 months after the approved
effective date of the agreement and every 12 months thereafter until expiration date
of the agreement.) Recipient shall submit an original to the Service Administrative
Officer and a copy to the Service Project Officer
Final
A final Federal Financial Report (Standard Form 425) shall be submitted
within 90 calendar days after the expiration date of the agreement or termination of
support. Recipient shall submit an original to the Service Administrative Officer
and a copy to the Service Project Officer
XIII. TERMS AND CONDITIONS:
The Department of Interior regulations governing assistance agreements with state
and local governments, institutions of higher education, hospitals, and other non-
profit organizations at subparts A, C, E-F of 43 CFR Part 12, Administrative and
Audit Requirements and Cost Principles for Assistance Programs, (plus relevant
circulars of the Office of Management and Budget as referenced in these
regulations), are applicable to this agreement and are incorporated by reference
with the same force and effect as if they were given in full text. Upon request the
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Service's Division of Contracting and Grant Services will make the full text of
these regulations available.
Acceptance of a Federal Financial Assistance award from the Department of the •
Interior(DOI) carries with it the responsibility to be aware of and comply with the
terms and conditions of award. •
Acceptance is defined as the start of work, drawing down funds,
acceptingthe award
via electronic means or accepting the award by signing the award document. Awards
are based on the application submitted to, and as approved by DOI and are subject to
the terms and conditions incorporated either directly or by reference in the following:
• Program legislation\regulation.
• Special terms and conditions.
• Code of Federal Regulations/Regulatory Requirements, as applicable (Contact
your program officer with any questions regarding the applicability of the following):
2 CFR Part 25 Central Contractor Registration and Data Universal Numbering System
••
Recipients must maintain the currency of their information in the CCR at www.sam.gov •
until they submit the final financial report required under this award or receive the final
• payment, whichever is later. This requires that recipients review and update their CCR •
information at www.sam.gov at least annually after the initial registration, and more
frequently if required by changes in information or another award term.
Recipients authorized to make subawards under this award must notify potential sub-
recipients that they may not receive a subaward from you unless they provide their Data
Universal Numbering System (DUNS) number to you. A DUNS number is a number
established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify
business entities. A DUNS number may be obtained from D&B by telephone (currently
866-705-5711)or the Internet (currently at http://fedgov/dnb.com/webform). This
requirement applies to all sub-recipients except individuals who apply for or receive a
subaward as a natural person (i.e., unrelated to any business or nonprofit organization he
or she may own or operate in his or her name). Refer to Appendix A to Part 25 for the
complete award term.
2 CFR Part 170 Reporting Subawards and Executive Compensation
FEDERAL FUNDING ACCOUNTABILITY and TRANSPARENCY ACT
(FFATA) (P.L. 109-281)
http://www.doi.gov/pam/Federal_Register_FFATA_Implementation.pdf
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Grant and cooperative agreement recipients are required to report first-tier subaward
obligations of$25,000 or more in the Federal Funding Accountability and Transparency
Act(FFATA) Subaward Reporting System(http://www.fsrs.gov) when certain
conditions apply. In addition, grantees and subgrantees are required to report executive
compensation of the five most highly compensated executives for the preceding fiscal
year when certain conditions apply. Refer to Appendix A to Part 170 for the complete
award term and details. To distinguish between a subgrantee (sub-recipient) versus a
vendor(which is not subject to FFATA reporting requirements) under a grant or
cooperative agreement, refer to the characteristics of each listed in OMB Circular A-
133, Subpart B, .210. More information regarding the Federal funding transparency
reporting requirements for prime recipient and subaward reporting is available at
http://www.usaspending.gov/sub-award-documents and at http://www.fsrs.gov.
2 CFR Part 1400 Governmentwide Debarment and Suspension (Nonprocurement)
2 CFR Part 175 Trafficking Victims Protection Act of 2000
43 CFR 12(A)Administrative and Audit Requirements and Cost Principles for
Assistance Programs
43 CFR 12(E) Buy American Requirements for Assistance Programs
43 CFR 12(C) Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local
43 CFR I2(F)Uniform Administrative Requirements for Grants and Cooperative
Agreements with Institutions of Higher Education, Hospitals, other Non-Profit
and Commercial Organizations
43 CFR 43 Governmentwide Requirements for a Drug-Free Workplace
43 CFR 18 New Restrictions on Lobbying
305 DM 3 Integrity of Scientific and Scholarly Activities and 217 FW 7, Scientific
Integrity and Scholarly Conduct. Grant and cooperative agreement recipients must
ensure quality project results. Results must consist of unbiased assessments through
proper management and enforcement of scientific integrity standards, which includes
avoiding conflicts of interest as defined in USFWS policy 212 FW 7 (complete text
available at http://www.fws.gov/policy/212fw7.html).
X. MODIFICATIONS:
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Modifications or renewals may be proposed at any time during the period of performance
by either party and shall become effective upon approval of both parties.
XI. SPECIAL CONDITIONS AND PROVISIONS:
A. Pre-approval requirements. The recipient will obtain all necessary state, federal,
county, and municipal permits consistent with applicable laws and regulations
before commencing work under this Cooperative Agreement.
B. The Service's liability will be governed by the Federal Tort Claims Act (28 U.S.C.
2671 et seq.). The extent of the Recipient's liability shall be governed by the laws
of the State of Florida.
C. The Reserve's liability shall be limited to and governed by the provisions of
Section 768.28, Florida Statutes,
C. Recipients of Federal grants and cooperative agreements are responsible for
ensuring that all project activities comply with the requirements of the National
Environmental Policy Act(NEPA), Section 7 of Endangered Species Act(ESA),
and Section 106 of the National Historic Preservation Act (NHPA).
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to
be executed as of the date therein written.
COLLIER COUNTY U.S. DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE
61). , :•:•:•:• :•:•:•:• :
BY ' BY:
ITLE: Cana►r ono 10 TITLE:
DATE: aI 2k-{\' y DATE:
Approved as to form and legality:
Jenni •A. Belpedio 10\
Assistant County Attorney LP
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ATTEST io
CRYSTAL K.KINZEL,CLERK
BY: .�
Attest as to Chairman's
signature only.
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FLORIDA DEPARTMENT OF ENVIONMENTAL PROTECTION
ROOKERY BAY NATIONAL ESTUARINE RESEARCH RESERVE
BY:
TITLE:
DATE:
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