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  County Administrator's Report     11. 7.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 04/16/2019  
Issue:    Derelict Vessel Removal Grant Agreement (No. 18212) with the Florida Fish and Wildlife Conservation Commission
From: Chips Kirschenfeld
Department: Natural Resources  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning Derelict Vessel Removal Grant Agreement with Florida Fish and Wildlife Conservation Commission - J. Taylor “Chips” Kirschenfeld, Director, Department of Natural Resources Management
 
That the Board approve and authorize the Chairman to sign the State of Florida, Florida Fish and Wildlife Conservation Commission (FWC) Agreement No. 18212, relating to the Derelict Vessel Removal Grant for Fiscal Year 2018-2019 which provides up to $8,045.10 in grant funding from FWC combined with Escambia County’s in-kind and matching funds up to $5,000 from Vessel Registration Fees.
 
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 the time of Supplemental Budget Amendment. Match of in-kind services and cash match from Vessel Registration Fees]
BACKGROUND:
Florida Fish and Wildlife Conservation Commission (FWC) announced a Derelict Vessel Final Removal Funding Opportunity Grant to fund removal of vessels that have been declared “derelict” by law enforcement officers pursuant to Florida Statutes. Escambia County Marine Resources Division (MRD) has identified vessels that may be eligible for removal and has requested declaration by FWC Law Enforcement.
 
Escambia County Department of Natural Resources Management, Marine Resources Division, has estimated and determined project costs, and per BCC action at its meeting on February 7, 2019, submitted the Grant Application. As required by FWC, Escambia County will provide matching funds (minimum of 25%) from Fund 110, Cost Center 220807.  Natural Resources Management will also provide project management for in-kind match.
 
Marine Resources Division has obtained written price quotes for work to be completed by contractor. The lowest price quote is $9,375. Landfill tipping fees are estimated to be approximately $1,351.80, resulting in a total project cost of $10,726.80, of which, 25% ($2,681.70) will be the Escambia County cash match. An additional $2,318.30 is requested for unanticipated contingency costs. Escambia County's cash match funds will be provided by the county portion of Vessel Registration Fees.
BUDGETARY IMPACT:
Funding Source: Fund 110, Other Grants and Projects, Cost Center to be determined at the time of Supplemental Budget Amendment. Match of in-kind services and cash match from Vessel Registration Fees.
LEGAL CONSIDERATIONS/SIGN-OFF:
The Grant Agreement was reviewed and approved, as to form and legal sufficiency, by Kristin Hual, Senior Assistant County Attorney.
PERSONNEL:
No additional impact to personnel related to this recommendation.
POLICY/REQUIREMENT FOR BOARD ACTION:
Board Policy II.A.
IMPLEMENTATION/COORDINATION:
Department of Natural Resources Management, Marine Resources Division, will continue coordination with FWC on all activities associated with the Grant Agreement.

Attachments
FWC 18212 DerelictVesselRemoval
BCC ResumePage-02072019

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