Agenda 01/25/2011 Item #16D1
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1/2S/2011Item 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign Grant Agreement
number 10235 from the Florida Boating Improvement Grant Program in the amount of
$13,020 to remove derelict vessels; and approve all necessary budget amendments.
OBJECTIVE: To approve a $13,020 Grant Agreement from the Florida Boating Improvement
Grant Program for removal of derelict vessels.
CONSIDERATIONS: The grant application was approved by the Board of County
Commissioners on 9/14/10.
Collier County has removed derelict vessels from its waters since 1998 in order to preserve and
enhance its waterways and estuaries. Currently there are forty-eight known derelict vessels
within the County. The County is working with Florida Fish and Wildlife Commission (FWC)
law enforcement to officially document these vessels so they may be legally removed from its
waters.
FISCAL IMPACT: This grant award totals $13,020. Budget amendments are necessary to
recognize grant revenue ($13,020); set up the grant expenditure budget within Public Services
Grant Fund (709). This grant does not require matching funds.
GROWTH MANAGEMENT IMPACT: The grant money will support the Conservation and
Coastal Management Element of the County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office, requires simple majority vote, and is legally sufficient for Board action. - CMG
RECOMMENDATION: Recommendation to approve and authorize the Chairman to sign
Grant Agreement number 10235 from the Florida Boating Improvement Grant Program in the
amount of $13,020 to remove derelict vessels; and approve all necessary budget amendments.
PREPARED BY: Pamela Keyes, Environmental Specialist, Coastal Zone Management
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1/2S/2011Item 16.D.l.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1.
Item S~.u~~~ry:_.. Recom~end_ation to ~pprove and authorize the Chairman to sign Grant
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Agreement number 10235 from the Florida Boating Improvement Grant Program in the amount
of $13,020 to remove derelict vessels; and approve all necessary budget amendments.
Meeting Date: 1/25/2011
Prepared By
~arne:}CeyesParnela
Title: Environmental Specialist,Coastal Zone Management
1/7/201111:24:48 AM
Submitted by
Title: Environmental Specialist,Coastal Zone Management
~arne:}CeyesParnela
1/7/20ii 11:24:49 AM
Approved By
~arne:AJonsoFIailey
Title: Administrative Assistant,Domestic Animal Services
Date: 1/11/2011 6:05:39 PM
~arne:AJonsoFIailey
Title: Administrative Assistant,Domestic Animal Services
Date: 1/14/2011 2:33:28 PM
~arne: McAJpinGary
Title: Director - Coastal Management Prograrns,Coastal Zone Management
Date: 1/18/2011 12:33:30 PM
~arne: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 1/18/20114:49:18 PM
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Name: Joshua Thomas
Title: Grants Support Specialist,
Date: 1/19/2011 10:31 :44 AM
Name: RamseyMarla
Title: Administrator,Publi9 ~~ryi~e~__ .__
Date: 1/i9i20 111 :31:47 PM" -
1/2S/2011Item 16.D.l.
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Name: KlatzkowJeff
Title: County Attorney,
Date: 1/19/20111:39:50 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/19/20113:39:08 PM
Name: BrockMary
Title: Executive Secretary to County Manager, CMO
Date: 1/19/2011 3:45:51 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/19/20114:15:21 PM
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FWC corlll!{l~&20~2-~ltem 16.D.l.
FLORIDA BOATING IMPROVEMENT PROGRAM
GRANT AGREEMENT
THIS AGREEMENT 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 BOARD OF COUNTY
COMMISSIONERS whose address is 3301 East Tamiami Trail, Naples, Florida 34112, hereafter
"GRANTEE" to conduct a derelict vessel removal project, hereafter "Project," using funds from the Florida
Boating Improvement-Program, hereafter "Program." ..
NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth,
agree as follows:
GRANTEE ELIGIBILITY
1. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to
fully perform the contract requirements and the integrity and reliability that will assure good-faith
performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287, F.S.,
and all other applicable rules and laws.
2. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required
by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon
request.
SCOPE OF SERVICES
3. The GRANTEE shall implement and complete the project as described in Attachment A, Scope of
Work, attached hereto and made a part hereof, and in Florida Boating Improvement Program (FBIP)
Grant Application No. 10-039, incorporated herein by reference. All project activities must be
completed during the time span provided heisin fOi that portion of the Agreement.
4. The GRANTEE shall commence work on the Project within 90 days of execution of the Agreement.
Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and result in
termination of the Agreement by the COMMISSION.
5. If applicable, all engineering must be completed by a professional engineer or architect registered in
the State of Florida. All work must meet or exceed minimum design standards and guidelines
established by all applicable local, state and federal laws.
6. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project,
including any construction contract, materials purchase, engineering, master plan or force account
labor performed at any Project site.
7. The GRANTEE, at its expense, shall provide some manner of acknowledgement for derelict vessel
removal projects, approved by the COMMISSION, identifying the COMMISSION as a funding source
for the Project. Failure by the GRANTEE to provide such acknowledgement shall be considered a
breach of the Agreement.
8. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any
subcontract and agrees to be fully 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 sub-grantee (or 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.
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9. The GRANTEE shall forWard one" copy of any bid package" for' derelict vessel removal to the
COMMISSION's Program Administrator for review prior to soliciting for quotations or commencing .
any work. The COMMISSION's Program Administrator shall have 30 working days for review. This
review shall ensure that minimum guidelines for the Project's scope of work are adhered to. The
GRANTEE shall forward one copy of the bid tabulation to the COMMISSION's Program Administrator
to ensure the requirements of Chapter 287, F.S., have been met.
10. The GRANTEE shall comply with all applicable federal, state, and.local rules and r~ulation~_jlJ_
providing "services- to. ttie COMMISSION" under this Agreement. TiieG-RANTEE acknowledges that
this requirement includes compliance with all applicable federal, state and local health and safety
rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts
issued as a result of this Agreement.
11. 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 COMMISSION's Program Administrator.
12. Any pollutant found to be contained within any derelict vessel designated for removal must be
removed and properly disposed of in accordance with -applicable laws by the GRANTEE prior to the
removal of the derelict vessel.
REPORTING REQUIREMENTS
13. The GRANTEE shall submit to the COMMISSION, on a monthly basis, project progress reports
outlining the progress of the Project, identifying any problems that may have arisen, and actions
taken to correct such problems. Such reports shall be submitted on the Project Progress Report
Form attached hereto and made a part hereof as Attachment B. Reports are due to the
COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion .
is submitted.
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14. Upon completion of Phase I, the Project Manager for the GRANTEE shall sign a Certification of
Completion form, Attachment C, attached hereto and made a part hereof, that certifies the Project
was completed in accordance with Attachment A, Scope of Work, and the terms of this Agreement.
TERM OF AGREEMENT
15. This Agreement shall begin upon execution by both parties and end June 30,2012, inclusive. The
GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of
this Agreement nor after the termination date of the Agreement.
16. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval.
Failure to execute this Agreement shall render the award of funds null and void, and shall result in
termination of this Agreement.
COMPENSATION
17. For satisfactory completion of the Project by the GRANTEE under the terms of this Agreement, the
COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed
$13,020.00. Reimbursement to the GRANTEE shall be net of salvage as reference in Paragraph 18.
18. 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 reimbursement request for the
removal and disposal costs for each derelict vessel.
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19. Should the rightful owner of any derelict vessel be determined, 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 deducted by the
GRANTEE when determining the removal and disposal costs for each derelict vessel or shall be
reimbursed to the COMMISSION, with a check marked restitution of derelict vessel removal, and
Agreement number 10235. The GRANTEE shall report to the Department of Highway Safety and
Motor Vehicles any vessel owner(s) whose registration privileges have been revoked as provided in
s. 705.103(4), Florida Statutes, for refusal to pay for removal costs.
PAYMENTS
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20. The COMMISSION shall pay the GRANTEE for satisfactory service upon completion of tasks and
submission of an invoice, accompanied by required reports or deliverables, and after acceptance of
services and deliverables in writing by the Commission's Program Administrator. The invoice must
be submitted within 30 days after completion of the service. The invoice shall include the FWC
Contract Number and the Grantee's Federal Employer Identification (FEID) Number and should be in
a format similar to Attachment 0, Sample Invoice Form. An original and three (3) copies of the
invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. The invoice shall be accompanied by the following reports: a) a copy of an
"Incident/Summary Report Narrative" (FWC/DLE-045A) completed by a COMMISSION law
enforcement officer verifying removal of each derelict vessel, b) photographs of each derelict vessel
immediately prior to removal, during the removal process, and after removal, and c) a signed
Certification of Completion form (Attachment C).
21. Program funds shall be disbursed to the GRANTEE only after pre-approved phase or final completion
of the 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 Program
funds in advance. Failure to complete the Project 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.
22. No travel expenses are authorized under the terms of this Agreement.
23. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller
Contract Payment Requirements as shown in the Department of Financial Services, Bureau of
Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and
made a part hereof as Attachment E.
24. The COMMISSION shall have 45 working days to inspect and approve goods and services.
25. Any Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE
prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict
any or all payment of Program funds pending correction of such deficiencies.
26. For contracts whose term extends beyond the State fiscal year in which encumbered funds were
appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual
appropriation by the Legislature.
27. In order to make best use of the agency's resources, the COMMISSION reserves the right to utilize
Federal funds for payments under this Agreement. In the event Federal funds become available for
such use, and subject to the mutual agreement of the parties hereto, the Agreement shall be
amended to include applicable Federal Requirements.
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28. Invoices, including backup documentation, shall be submitted to:
Florida Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, FL 32399-1600-
TERMINATION
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29. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the
GRANTEE in the event of fraud. willful misconduct, or breach of this Agreement.
30. The COMMISSION may terminate this Agreement at any time with or without cause by a written
notice by certified mail, return receipt requested, from the COMMISSION to the GRANTEE. The
GRANTEE will stop all work immediately upon receipt of the written notice. The COMMISSION will
pay the GRANTEE in quantum meruit for the work that was satisfactorily completed prior to the date
the notice of termination was received.
31. Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION all
property belonging to the COMMISSION. For the purposes of this section, property belonging to the
COMMISSION shall include, but shall not be limited to, all books and records kept on behalf of the
COMMISSION.
TAXES
32. 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.
NOTICE
33. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at
the following addresses:
GRANTEE
Collier County Board of County Commissioners
Division of Public Services
Coastal Zone Management
3301 East Tamiami Trail, Suite 103
Naples, FL34112
Phone: (239) 252-2980
Fax: (239) 252-2950
Email: pamelakeyes@colliergov.net
Attn: Pamela Keyes, Project Manager
AMENDMENT OR MODIFICATION
COMMISSION
Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
620 South Meridian Street
Tallahassee, FL 32399-1600
Phone: (850) 488-5600
Fax: (850) 488-9284
Email: fbip@MyFWC.com
Attn: Tim Woody, Program Administrator
34. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
contained shall be valid unless in writing and lawfully executed by the part"ies.
35. The COMMISSION may at any time, by written order designated to be a Modification, make any
change in the work within the general scope of this Agreement (e.g., specifications, schedules, .
method or manner of performance, requirements, etc.). However, all Modifications are subject to the
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FWC COtmClcl ''1ts. lU~;jo
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mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase
or decrease in the GRANTEE's cost or the term of the Agreement shall require a fonnal amendment.
RELATIONSHIP OF THE PARTIES
36. The GRANTEE shall .perform as an independent agent and not as an agent, representative, or
. employee of the COMMISSION.
37. The."GRANTEE-covenantsthat it presently has no interest and shall not acquire any interest that
wolild conflict in any manner or degree with the performance of services required.
38. The parties agree that there is no conflict of interest or any other prohibited relationship between the
GRANTEE and the COMMISSION.
INSURANCE REQUIREMENTS
39. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation
claims, or will secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this project. If 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 Workers' Compensation statutes, the
GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory
to the COMMISSION, for the protection of his employees not otherwise protected.
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40. Employers who have employees who are engaged in work in Florida must use Florida rates, rules,
and classifications for those employees. In the construction industry, only corporate officers of a
corporation or any group of affiliated corporations may elect to be exempt from workers'
compensation coverage requirements. Such exemptions are limited to a maximum of three per
corporation and each exemption holder must own at least 10% of the corporation. Independent
contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and
must maintain workers' compensation insurance.
41. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
GRANTEE's officers, employees, servants and agents while acting within the scope of their
employment with the GRANTEE.
CANCELLATION UNDER CHAPTER 119. FLORIDA STATUTES
42. 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 subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this
Agreement.
RECORD KEEPING REQUIREMENTS
43. 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
of this Agreement, 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
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otherwise. These records shall be maintained for five (5) years following the close of this Agreement. .
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.
LIABILITY
44. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, n~thing contained herein shall constitute a waiver by either party of.
its sovereignimmunity-orthe'provisions'otSection 768.28; Florida Statutes". - -0_- __-=.,":0 :... - _
NON-DISCRIMINATION
45. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Agreement.
PROHIBITION OF DISCRIMINATORY VENDORS
46. 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
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity. 0
NON-ASSIGNMENT
47. This Agreement is an exclusive contract for services and may not be assigned in whole or in part .
. without t~e written approval of the COMMISSION.
PERFORMANCE AND REMEDIES
48. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the
COMMISSION.
49. It is understood by the parties that remedies for damages or any other remedies provided for herein
shall be construed to be cumulative and not exclusive of any other remedy otherwise available under
law.
SEVERABILITY AND CHOICE OF VENUE
50. 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
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. Any action in connection herewith, in law or equity, shall be brought in
Leon County, Florida.
NO THIRD PARTY RIGHTS
51. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges
or interest to any third party.
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JURY TRIAL WAIVER
52. 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.
PROPERTY/EQUIPMENT
53. The GRANTEE is not authorized- to~.usehfundsprovidedherein-for-'.the- purchase-of. -any
non-expendable equipment or personal property valued at $1,000 or more for performance under this
Agreement.
FEDERAUFLORIDA SINGLE AUDIT ACTS REQUIREMENTS
54. In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non-
State organizations that are recipients of State financial assistance to comply with the audit
requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must
comply with the Federal Single Audit Act requirements of OMS Circular A-133. Therefore, the
GRANTEE shall be required to comply with the audit requirements outlined in Attachment F, titled
Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the
Agreement, as applicable.
55. In accordance with section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using
funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a
state agency.
RIGHTS IN PROPERTY. COPYRIGHTS, AND INVENTIONS
56. All items, materials or products, of any description, produced or developed by the GRANTEE on
behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the
COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as
provided by Florida law. Neither the GRANTEE nor any of its subcontractors shall have any
proprietary interest in the products and materials developed under this Agreement.
57. The COMMISSION reserves the right to determine the disposition of title and rights to any inventions
and/or processes that may result from any experimental or developmental research performed under
this Agreement. If Federal funding is involved in support of this Agreement, the Federal Government
may reserve ultimate jurisdiction over title and right privileges.
58. Regardless of title or ownership of the products and materials developed under this Agreement, the
COMMISSION and the State of Florida shall reserve a royalty-free, nonexclusive, irrevocable right to
reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is
involved in support of this Agreement, the Federal Government shall also reserve a royalty-free,
nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental
purposes.
ENTIRE AGREEMENT
59. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, and duly signed by each of the parties
hereto, unless otherwise provided herein. .
(Remainder of page intentionally left blank.)
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1/2S/2011Item 16.0.1.
FWC Contract No.
10235
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through
their duly authorized signatories on the day and year last written below.
COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
-- -- ::
.. Fred W. Coyle,
, Chairman, Commissioner District 5
. ~red V ~yie.J c.~\rW\a.""
Name (Print)
executive Director, or designee
Name (Print)
. .~!!
Date
Date
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Grantee Name
. .~ i
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Address
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City, State, and Zip Code
Federal Employer Identification Number (FEID)
Approved to form and legality:
Approved as to form and legality:
cmnmllriffr
~~_. .
~colleen Greene
_Assistant County Attorney
List of attachments/exhibits included as part of this Agreement
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Exhibit 1:
Scope ofWor1(
Project Progress Report Form
Certification of Completion Form
Sample Invoice Form
Comptroller Cost Reimbursement Requirements
Federal/Florida Single Audit Act Requirements
Funds awarded pursuant to agreement
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~If someone othar than the Chalnnan signS the ^gre~~t: a r~lution. statement or other document authorIZing the perean to s1gi,
the Agreement on behaK of the local govemlng body must accompany tho Agreement
AlTEST:
DWIGHT E. BROCK. Clerk
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FWC Contract
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10235
SCOPE OF WORK
Derelict Vessel Removal
INTRODUCTION
The purpose of the project is to improve recreational boating in Collier County by removing derelict
vessels from public waterways. Derelict vessels are potential navigation hazards and sources of
contamination to the natural environment. Currently, derelict vessels are scattered throughout Collier
County, with a higher concentration from Goodland Bay south to Chokoloskee. These locations contain
sensitive habitat including mangrove forests and sea grass beds, which are essential to the County's
multi-million dollar fishing and boating industries. The vessels are in various states of deterioration, and
several have begun to break apart.
The Florida Fish and Wildlife Conservation Commission (COMMISSION), in cooperation with Collier
County (GRANTEE), will improve recreational boating by removing four derelict vessels from the public
waterways of Collier- County. All vessels have been verified as derelict and approved for removal by
COMMISSION law enforcement. The GRANTEE will hire a contractor to remove the derelict vessels from
the water and properly dispose of the vessels in a permitted landfill.
TASKS
The GRANTEE shall be responsible for completion of the following tasks:
Task 1 - Derelict Vessel Removal
The GRANTEE shall provide all labor, equipment, and materials to remove the following derelict vessels
from the public waters of Collier County and properly dispose of the vessels in the designation disposal
location.
Vessel #1
DV #: 1000018348
Registration/Doc #: Unknown
HIN: Unknown
Length: 25 ft. Make: Type: Color: White
Water body: Dollar Bay
Latitude: N26005.266' Longitude: W0810 47.102'
Disposal: Landfill
Vessel #2
DV #: FWSA 09-0FF-9266
Registration/Doc #: FL 3338 EV
HIN: RDK10279A888
Length: 21 ft. Make: Gulf Coast Type: Skiff Color: Green
Water body: Goodland Bay Canal
Latitude: N250 55.590' Longitude: W0810 38.687'
Disposal: Landfill
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Vessel #3
DV #: FWSA 10-0FF-2026
Registration/Doc #: Unknown
HIN: Unknown
Length: 24 ft. Make: Unknown Type: Open hull Color: WhitelRed
Water body: Upper Addison Bay
-Latitude: N250 58.515~.~-" Longitude:, WOalO 39.396' .
Disposal: Landfill
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Vessel #4
DV #: FWSA 07-0FF-8840
RegistrationlDoc#: FL 3938 AB
HIN:
Length: 23 ft. Make: JHN ALLM Type: Sport Fisher Color: White
Water body: Barron River
Latitude: N250 51.775' Longitude: W081 0 23.302'
Disposal: Landfill
DELlVERABLES
A. Draft bid documents
B. Bid tabulation
C. Photos of derelict vessels prior to removal
D. Photos of derelict vessels during removal
E. Photos of derelict vessels after removal .
F. Incident/Summary Report Narrative(s) from COMMISSION officer confirming removal of derelict
vesseis
REPORTS
Upon completion of the project, the GRANTEE'S Project Manager, or other appropriate professional for
the GRANTEE, shall sign a Certification of Completion form, provided by the COMMISSION, that certifies
the Project was completed in accordance with the project proposal, Attachment A, and this Agreement.
The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of the
Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such
reports shall be submitted on the form provided by the COMMISSION and due to the COMMISSION's
Program Administrator by the 15th of each month until the Certification of Completion is submitted.
The GRANTEE shall provide photographs of all derelict vessels to be removed documenting the condition
of the vessel prior to removal, the removal process, and the final disposition of the vessel prior to
requesting payment from the COMMISSION. Each photograph shall be labeled with the Derelict Vessel
Number assigned to that vessel. Final photographs shall be submitted with the Certification of
Completion form.
The GRANTEE shall provide an "Incident/Summary Report Narrative" (FWC/DLE-045A) completed by a
COMMISSION law enforcement officer verifying removal of each derelict vesse!.
.
Page 2 of 3
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FWC Contract
10235
1/2S/2011Item 16.D.l.
INVOICES AND PAYMENTS
For satisfactory completion of the above services, and upon submission of a final invoice, accompanied
by required reports or deliverables, the COMMISSION agrees to pay the GRANTEE on a cost
reimbursement basis an amount not to exceed $13,020.00. The invoice must be submitted within 30
days after completion of the Project.
Page 3 of 3
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1/2S/2011Item 16.D.l.
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT PROGRESS REPORT
.
Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284.
FWC Contract #
Reporting Period (MonthIYear):
_ (Due 15 days after the end of each month)
Grantee:-'.o"'-~' -" ~~. ~~
Project Title:
1. Describe progress of project, including percent completed for each task in the Scope of Work:
2. Is project currently on schedule for completion by Phase I due date? YES 0 NO 0
Anticipated Phase I completion date:
(If project is not on schedule, please explain any problems encountered an~or possible delays) .
3. Reporting requirements: (Check all that have been submitted to date)
D Plans I drawings
o Bid package
D Bid tabulation
D Progress photographs
D Final photographs
o Draft acknowledgement
D Site dedication form
Project Manager
.
Date
Page 1 of 1
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1/2S/2011Item 16.D.1.
ATTACHMENT C
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"'lrION CO
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Florida Boating Improvement Program
CERTIOOCATIONOFCO~LETIONSTATEMENT
I,
(Print Name and Title)
representing
(Name of Local Government)
do hereby certify that the Florida Boating Improvement Program project funded by FWC
Contract No. has been completed in compliance with all terms and conditions of
said Agreement; that all amounts payable ror materials, labor and other charges against the
project have been paid; and that no liens have been attached against the project.
Fe: __n+'..__ '\
\UA&=LUJ.vJ
(Date)
WARNING: ''Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in
the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083." ~ 837.06, Florida Statutes.
CERTIFICATE BY COMMISSION
I certify: That, to the best of my knowledge and belief, the work on the above-named
project has been satisfactorily completed under the terms of the Agreement.
Division:
By:
Date:
Name:
Title:
Packet Page -634-
1/2S/201~--'t~!:rl16.D.l.
INVOICE
Billed to:
Remit payment to:
.
Fish and Wildlife Conservation Commission
Florida Boating Improvement Program
620 South Meridian ~treet
Tallahassee, Florida.;32399-=1600
Grantee:
FEID #:
Address:
FWC Contract #:
Dates of Service:
Amount of Grant Award: $
From:
Invoice Date:
To:
PROJECT COSTS:
(' ...... . -' " .,- , . - ~-. .. .-. - ... . .. - -' .' . ~.'. . :.- - <
. . .
~.;~ .'. .'. .....;. . ".- '.;'- '.' -~.. .- ~ . -~~~':-:"'-:.':' .:.-... .. .', . .:. -.-,~-:-~ _:.~- .' ,...: ~<'~:', .~. ~_. . .~; ..... .
In-kind service: Administration
$
$
$
In-kind service: Project Management
In-kind service: Other
$
$
$
$
$
$
less recovered costs: - $
Total Project Cost: $
Grantee Matching Funds (_ %): - $
Amount for Reimbursement: $
I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that
the matching funds, in-kind or cash, were utilized toward the project in this Agreement.
Signed:
Project Manager
Date:
.
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1/2S/2011Item 16.D.l.
Comptroller Contract Payment Requirements
Department of Financial Services, Bureau of Accounting and Auditing
Voucher Processing Handbook (10/07/97)
Cost Reimbursement Contracts
Invoices for ,c.os! rej.mqursement ~ontracts m:ust ~e _ 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 are 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 invoiceslreceipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(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.
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1/2S/2011Item 16.D.1.
'"'. . ,",,,n 00 I: I'll I r-
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.
MONITORING
In addition to reviews of audits conducted in accordance with OMS. 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 OMS Circular A-133, as revised, ancllor
other procedures. Syentering 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
P ART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as
defined in OMS Circular A-133, as revised.
In the event that the recipient expends $500,000 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 OMS .
Circular A-133, as revised. EXHISIT 1 to this agreement indicates Federal resources awarded through _
the Commission by this agreement.. In determining the Federa! 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 OMS Circular A-133, as revised. An audit of the recipient conducted by the
Auditor General in accordance with the provisions OMS 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 OMS Circular A-133, as
revised.
If the recipient expends (ess than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMS Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit
must be paid from non-Federal resources (Le., 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 215.9?(2)(1), Florida
Statutes. . - .. -.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 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)
.
Page 1 of 3
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1/2S/2011Item 16.D.1.
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 t1,.paragraptr1, therecipient 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 $500,000 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 $500,000 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
There are no other audit requirements
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:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building. Room 170
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 1 Olh Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMS Circular A-133, as revised, and any management
letter issued by the auditor. to the Commission at the following address:
Page 2 of 3
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1/2S/2011Item 16.D.l.
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
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 Jhe recipient ~irectlv to each of the following: .
The Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building
111 West Madison Street
Tallahassee, FL 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 directlv to:
The Commission the following address:
Audit DiisctOi
.
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
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 by phone at (850) 488-6068.
P ART 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.
Page 3 of 3
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FWC Contract No.
10235
1/2S/2011Item 16.D.1.
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
None.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCE~AW ARDED
PURSU~T 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
Florida Boating Improvement Program
n.006
Collier County Board of County Commissioners
$13,020.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOllOWS:
1. Project activities must occur on public lands owned outright or managed under agreement with
another party with lease terms exceeding 20 years.
2. Project activities must not create a boating safety hazard and/or increase the potential for damage to
natural resources.
3. Recipient must comply with the Florida Boating Improvement Program Guidelines, February 2010.
4. Recipient must comply with all Commission rules, policies and procedures as well as all other state
and federal rules.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
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