Agenda 12/14/2021 Item #16A31 (1st Amendment to FWC Grant Agreement ##21085)12/14/2021
EXECUTIVE SUMMARY
Recommendation to provide after -the -fact approval of the first amendment to Florida Fish and
Wildlife Conservation Commission (FWC) Grant Agreement No. 21085 under the Bulk Derelict
Vessel Removal Program, extending the expiration date to February 4, 2022 (Project 33771).
OBJECTIVE: To receive reimbursement from Florida Fish and Wildlife Conservation Commission for
the removal of one derelict vessel.
CONSIDERATION: The FWC provides grants through the Derelict Vessel Removal Program to assist
local governments in removing derelict vessels that put public safety and the health of the County's
marine and surrounding waters at risk and are listed on the Statewide At -Risk and Derelict Vessel
Database. There is one derelict vessel located within the Collier County Coastal System situated within the
waters and shoreline of Clam Pass Park Beach. FWC's Derelict Vessel Grant Guidelines allows for the
receipt of these grant applications on a continuing basis as long as funding is available.
The Board of County Commissioners authorized the submittal of an FWC grant application in relation to
the Derelict Vessel Removal Program on 7/13/2021, Item 16.A.23.
The Board of County Commissioners authorized the acceptance of FWC Grant No. 21085 in relation to
the Derelict Vessel Removal Program on 9/14/2021, Item 16.A.53.
Amendment One will extend the end date from December 3, 2021, to February 4, 2022 to ensure
sufficient time to collect all documentation necessary for reimbursement from FWC for the removal of
one derelict vessel from the shoreline of Clam Pass Park Beach.
Collier County CMA #5330 authorizes the County Manager to approve the amendments of grant
applications with subsequent Board of County Commissioners action at the next available Board meeting
to ratify the approval as "after -the -fact."
FISCAL IMPACT: There is no additional fiscal impact related to this action. Funds in the amount of
$14,455 have been appropriated within Growth Management Grants Fund 711, Project 33771. The
source of funding is the FWC Derelict Vessel Removal Grant Program.
GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan related to
this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: That the board provide after -the -fact approval of the first amendment to
Florida Fish and Wildlife Conservation Commission Grant Agreement No. 21085 under the Bulk Derelict
Vessel Removal Program, extending the expiration date to February 4, 2022 (Project 33771).
Prepared by: Andrew Miller, Coastal Zone Management, Capital Project Planning, Impact Fees and
Program Management Division
ATTACHMENT(S)
1. FL FWC 21085 Amendment 1 (PDF)
2. CM MEMO (PDF)
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16.A.31
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.31
Doe ID: 20651
Item Summary: Recommendation to provide after -the -fact approval of the first amendment to
Florida Fish and Wildlife Conservation Commission (FWC) Grant Agreement No. 21085 under the Bulk
Derelict Vessel Removal Program, extending the expiration date to February 4, 2022 (Project 33771).
Meeting Date: 12/14/2021
Prepared by:
Title: — Capital Project Planning, Impact Fees, and Program Management
Name: Farron Bevard
11/16/2021 2:50 PM
Submitted by:
Title: Director — Capital Project Planning, Impact Fees, and Program Management
Name: Matthew McLean
11/16/2021 2:50 PM
Approved By:
Review:
Growth Management Department
Lissett DeLaRosa
Growth Management Department
Capital Project Planning, Impact Fees, and Program Management
Jessica Arencibia
Growth Management Department
Lisa Abatemarco
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management
Matthew McLean
Capital Project Planning, Impact Fees, and Program Management
Ian Barnwell
Growth Management Department
Trinity Scott
Transportation
Grants
Valerie Fleming
Level 2 Grants Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Susan Usher
Additional Reviewer
Grants
Therese Stanley
Additional Reviewer
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
11/16/2021 2:58 PM
Additional Reviewer Completed
Completed
11/17/2021 9:41 AM
Additional Reviewer Completed
Additional Reviewer Completed
Completed
11/19/2021 1:12 PM
Completed
11/19/2021 1:54 PM
Completed
11/19/2021 3:18 PM
Completed
11/22/2021 10:00 AM
Completed
12/04/2021 4:00 PM
Completed
12/06/2021 1:10 PM
Completed
12/06/2021 3:31 PM
12/14/2021 9:00 AM
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16.A.31. a
FWC Contract No. 21085-A 1 °
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STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
AMENDMENT NO. Al TO CONTRACT 21085
This Amendment to Contract No. 21085, referred to as the Original Contract, is entered into by and
between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620
South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and the Collier County
BOCC; 59-6000558, whose address is 3299 Tainiaini Trail East, Suite 700, Naples, Fl 34112,
hereinafter "Grantee", collectively, "Parties".
In consideration of the mutual benefits set forth herein and in the Original Contract, the parties
agree to amend the Original Contract, as follows, which amendments shall govern to the exclusion of any
provision of the Original Contract to the contrary:
1. Section 3, Agreement Period, Paragraph A., Agreement Period and Commission's Limited
Obligation to Pay of the Original Agreement, is hereby amended to read as follows:
A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is
made pursuant to a grant award and shall be effective upon execution by the last Party to
sign and shall remain in effect through 02/04/2022, However, as authorized by Rule 68-
1.003, F.A.C., referenced grant programs may execute Agreements with a retroactive start
date of no more than sixty (60) days, provided that approval is granted from the Executive
Director or his/her designee and that it is in the best interest of the Commission and State
to do so. For this agreement, the retroactive start date was not approved. The
Commission's Grant Manager shall confirm the specific start date of the Agreement by
written notice to the Grantee. The Grantee shall not be eligible for reimbursement or
compensation for grant activities performed prior to the start date of this Agreement nor
after the end date of the Agreement. For this agreement, pre -award costs are not
eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing
and lawfully executed by the Parties, an Amendment to this Agreement may be executed
to lengthen the Agreement period.
2. Attachment A, Scope of Work, Section 2. Deliverables, Paragraph B., Timeline for ,
Completion, of the Original Agreement, is hereby amended to read as follows: to
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B. Timeline for Completion - Final receipts with required evidence of completion will be r
received by the Commission's Contract Manager no later than 2/4/2022.
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3. Attachment A, Scope of Work, Section 3. Financial Consequences. of the Original
Agreement, is hereby amended to read as follows:
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In addition to nonpayment for tasks which arc not satisfactorily or timely completed, or for 00
failure to correct any proiect deficiencies, as noted in the final project inspection, the
Commission may impose a financial consequence of twenty percent (20%) of the total contract V
amount for failure to complete any tasks satisfactorily or timely, or for failure to correct any
project deficiencies, as noted in the final project inspection. u_
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Contract Amendment, Page 1 of Z Revised 9/201$ tA6
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16.A.31.a
FWC Contract No. 21085-Al
The final project inspection will be done by a Commission officer verifying that the entire
vessel for each task has been removed according to the project plan.
Failure of Grantee to have all receipts and evidence of project performance delivered to FWC
on or before 02/04/2022, before close of business may jeopardize payment of hinds to the
Grantee per the Agreement.
4. Attachment A, Scope of Work, Section 4. Performance, Paragraph D. Closeout. of tine
original Agreement, is hereby amended to read as follows:
D. Closeout. Final receipts with required evidence of completion will be received by the
ComnUssion's Contract Manager no later than 2/04/2022,
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Contract to be
executed through their duly authorized signatories on the day and year last written below.
Name: l�4%r1w. Z saakspv,
Title:. (o,.,,+�y �Kov►o;,r
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Digitally signed by Rob
Rob Beaton Beaton
Date: 2021.1 1.18 08:5225
-05'00'
Name:
Title:
Date:_ tt • t-1. 2, t Date:
Approved as to form and legality by FWC Attorney:
Conunissic6n Attorney
Jeffrey
and legality
County Attorney
Contract Amendment, Page 2 of 2
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Revised 9/2018
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16.A.31. b
Co Yer C01411ty
Office of Management & Budget
TO: Mark Isackson, County Manager
CC: Trinity Scott — Deputy Department Head
Growth Management Department
Matthew McLean
Division Director — Capital Project Planning,
Impact Fees and Program Management
FROM: Therese Stanley
Manager — OMB Grants Compliance
DATE: November 16, 2021
Grant Applica ' Reviewed and Approved by
County Man e , or designee:
County Manager
After -the -Fact Approval by the BCC is required at
the December 14, 2021 BCC meeting
RE: County Manager review and approval to execute the Florida Fish and Wildlife
Conservation Commission (FFWCC) Grant Amendment No. 1 for Derelict Vessel
Removal Project (ATF 22-004)
FFWCC has provided funding for the Derelict Vessel Removal Project under Agreement 21085
as approved by the Board on September 14, 2021. The funding agreement for removal of one
derelict vessel provides for reimbursement of eligible expenses, up to a maximum of fourteen
thousand four hundred fifty-five dollars ($14,455).
The project is complete but due to internal process delays on obtaining required documentation,
the December 3, 2021 deadline will not be met. Staff initiated discussions with FFWCC regarding
the delays and new terms. As a result, Amendment No. 1 has been issued to extend the
completion date of the project to February 4, 2022.
Staff received the amendment from FFWCC on November 16, 2021 with execution due as soon
as possible before December 3, 2021 deadline. Due to the short turnaround, we are asking for
your approval to submit the amendment followed by an After -the -Fact approval by the Board of
County Commissioners at the December 14, 2021 Board meeting.
Once you have reviewed the amendment, please sign in the box above and in the areas marked
throughout the application and call me for pickup at 239-252-2959.
Thank you, and please let me know if you have any questions regarding this request.
3299 Tamiami Trail East, Suite 201 - Naples, Florida 34112-5746 - 239-252-8973 • FAX 239-252.8828
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