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Agenda 05/10/2022 Item #16A 3 (Extend Deadline from FWC for Removal of 7 Derelict Vessels)05/10/2022 16.A.3 EXECUTIVE SUMMARY Recommendation to approve Amendment No. 1 to Florida Fish and Wildlife Conservation Commission (FWC) Grant Agreement No. 21222 under the Bulk Derelict Vessel Removal Program, extending the expiration date to July 29, 2022 (Project 33771). OBJECTIVE: To extend the deadline of the Grant Agreement from Florida Fish and Wildlife Conservation Commission for the removal of seven derelict vessels. 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 are seven derelict vessels located throughout the Collier County Coastal System. 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 December 14, 2021, Agenda Item 16A28. The Board of County Commissioners authorized the acceptance of FWC Grant No. 21222 in relation to the Derelict Vessel Removal Program on February 22, 2022, Agenda Item 16A14. A purchase order was issued to the vendor, TSI Disaster Recovery, LLC on March 22, 2022. TSI is currently in the mobilization phase of this project. Amendment No. 1 will extend the end date from May 20, 2022, to July 29, 2022, to ensure sufficient time to collect all documentation necessary for reimbursement from FWC for the removal of seven derelict vessels from the Collier County Coastal System. FISCAL IMPACT: There is no additional fiscal impact related to this action. Funds in the amount of $113,610.00 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 is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: For the Board to approve Amendment No. 1 to Florida Fish and Wildlife Conservation Commission Grant Agreement No. 21222 under the Bulk Derelict Vessel Removal Program, extending the expiration date to July 29, 2022 (Project 33771). Prepared by: Andrew Miller, Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENTS 1.21222 - Al Collier Co Amendment (PDF) Packet Pg. 285 16.A.3 05/10/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3 Doe ID: 21945 Item Summary: Recommendation to approve Amendment No. 1 to Florida Fish and Wildlife Conservation Commission (FWC) Grant Agreement No. 21222 under the Bulk Derelict Vessel Removal Program, extending the expiration date to July 29, 2022 (Project 33771). Meeting Date: 05/10/2022 Prepared by: Title: — Capital Project Planning, Impact Fees, and Program Management Name: Farron Bevard 04/18/2022 12:37 PM Submitted by: Title: Division Director - Capital Proi Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 04/18/2022 12:37 PM Approved By: Review: Growth Management Department Lisa Abatemarco Additional Reviewer Parks & Recreation Michelle DAndrea Additional Reviewer Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Capital Project Planning, Impact Fees, and Program Management Jessica Arencibia Growth Management Department Jeanne Marcella Growth Management Department Growth Management Operations Support Tara Castillo Growth Management Operations Support Jeanne Marcella Grants Valerie Fleming Level 2 Grants Review Growth Management Department Trinity Scott Transportation County Attorney's Office Colleen Greene Level 2 Attorney 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 Grants Therese Stanley Additional Reviewer Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 04/18/2022 12:42 PM Completed 04/18/2022 12:44 PM Additional Reviewer Completed Additional Reviewer Completed Completed 04/18/2022 4:36 PM Additional Reviewer Completed Additional Reviewer Skipped Completed 04/20/2022 1:21 PM Completed 04/21/2022 6:21 PM Completed 04/26/2022 9:06 AM Completed 04/26/2022 9:20 AM Completed 04/27/2022 11:27 AM Completed 04/28/2022 8:52 AM Completed 05/03/2022 11:45 AM Completed 05/04/2022 12:28 PM 05/10/2022 9:00 AM Packet Pg. 286 16.A.3.a FWC Contract No. 21222-Al STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AMENDMENT NO. 1 TO CONTRACT 21222 This Amendment to Contract No. 21222 , 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 Collier County BOCC, 59-6000558, whose address is 3299 Tamiami Trail East, Suite #700, Naples, Florida 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 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 07/29/2022. 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: B. Timeline for Completion - Final receipts with required evidence of completion will be received by the Commission's Contract Manager no later than 7/29/2022. 3. Attachment A, Scope of Work, Section 3. Financial Consequences. of the Original Agreement, is hereby amended to read as follows: In addition to nonpayment for tasks which are not satisfactorily or timely completed, or for failure to correct any project deficiencies, as noted in the final project inspection, the Commission may impose a financial consequence of twenty percent (20%) of the total contract 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. 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. Contract Amendment, Page 1 of 2 Revised 9/2018 /"-- a �� Packet Pg. 287 16.A.3.a FWC Contract No. 21222-AI Failure of Grantee to have all receipts and evidence of project performance delivered to FWC on or before 07/29/2022 before close of business may jeopardize payment of funds to the Grantee per the Agreement. 4. Attachment A, Scope of Work, Section 4. Performance, Paragraph D., Closeout of the original Agreement, is hereby amended to read as follows: D. Closeout. Final receipts with required evidence of completion will be received by the commissions contract manager no later than 7/29/2022. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Original Contract to be executed through their duly authorized signatories on the day and year last written below. COLLIER COUNTY FLORIDA FISH AND WILDLIFE BOARD OF COUNTY COMMISSIONERS CONSERVATION COMMISSION Name: Title: Approved as to form and legality Assistant County Attorney ATTEST CRYSTAL K. KINZEL.. CLERK BY Contract Amendment, Page 2 of 2 Name: Title: Date: Approved as to form and legality by FWC Attorney: Commissi n Attorney Revised 9/2018 r a Packet Pg. 288