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County Administrator's Report 12. 41.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| 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 take the following action concerning the State of Florida, Florida Fish and Wildlife Conservation Commission (FWC) Agreement No. 18337, relating to the Derelict Vessel Removal Grant for Fiscal Year 2018-2019, which provides up to $3,750 in Grant funding from FWC combined with Escambia County’s in-kind and matching funds, up to $10,000 from Vessel Registration Fees:
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A. Approve and authorize the Chairman to sign FWC Agreement No. 18337 and any subsequent Amendments, such as no-cost time extensions, pending Legal review and sign-off, without further action of the Board; and
B. Authorize the Project Manager (or designee) to sign documents relating to the implementation and/or completion of the Agreement.
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 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, 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 Round 3, 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 derelict vessel removal costs, and per BCC action at its meeting on June 20, 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.
The Marine Resources Division has obtained written price quotes for work to be completed by contractor. The lowest price quote for removal of the derelict vessel (40ft Chris Craft) is $5,000, therefore, FWC will reimburse Escambia County $3,750. 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 Poicy 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. |
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