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  County Administrator's Report     9. 27.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 10/17/2019  
Issue:    FL Fish and Wildlife Conservation Commission Agreement No. 19041 for Escambia County Artificial Reef Construction 2019-2020
From: Chips Kirschenfeld
Department: Natural Resources  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning Agreement No. 19041, with the Florida Fish and Wildlife Conservation Commission, for the Escambia County Artificial Reef Construction 2019-2020, in an Amount Not to Exceed $59,500 - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management

That the Board take the following action concerning Agreement No. 19041, with the Florida Fish and Wildlife Conservation Commission, for the Escambia County Artificial Reef Construction 2019-2020:

 A. Approve FWC Agreement No. 19041, in an amount not to exceed $59,500, with the Florida Fish and Wildlife Conservation Commission for the Escambia County Artificial Reef Construction 2019-2020; and 

B. Authorize the Chairman to sign the Agreement, its accompanying Federal Funding Accountability and Transparency Act Form, and any subsequent documents related to reporting and no-cost time extensions to this Agreement, subject to Legal review and approval, without further action of the Board.

Note: The County Attorney's Office has requested that the Board be made aware of the following language:

Paragraph 29, SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE (page 17 of 20), last sentence, "Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues."

Paragraph 31, JURY TRIAL WAIVER (page 18 of 20), "As part of the consideration for 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, or with the products or services provided under this Agreement, including but not limited to any claim by the Grantee of quantum meruit."
 
[Funding Source:  Fund 110, Other Grants and Projects, Cost Center to be determined at time of SBA. No County match required.]
BACKGROUND:
The Natural Resources Management Department has obtained state and federal permits to construct a “Snorkeling Reef” in the Gulf of Mexico adjacent to the eastern boundary of Casino Beach on Pensacola, Beach. The existing snorkeling reef at Park East is heavily used. A new snorkeling reef at Casino Beach will provide additional snorkeling opportunities for residents and visitors, closer to the highest concentrations of hotels and the largest public parking facility on Pensacola Beach.
 
The $59,500 Grant will fund the portion of the permitted reef that is closest to shore. Other external funding sources have been applied for construction of the remaining portions of the reef.
BUDGETARY IMPACT:
Fund 110, Other Grants and Projects, Cost Center to be determined at time of SBA. No County match required.
LEGAL CONSIDERATIONS/SIGN-OFF:
The Agreement was reviewed and approved as to legal form and sufficiency by Kristin Hual, Senior Assistant County Attorney.
PERSONNEL:
No additional personnel are requird to implement the terms of the Agreement.
POLICY/REQUIREMENT FOR BOARD ACTION:
Board Policy II.B.8.
IMPLEMENTATION/COORDINATION:
Agreement will be implemented by Department of Natural Resources Management, Marine Resources Division.

Attachments
FWC 19041 Artificial Reef Program
FWC FFATA Form

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