Agenda

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County Administrator's Report 11. 16.

BCC Regular Meeting

Budget & Finance Consent

Meeting Date:	01/07/2016
Issue: FL Fish and Wildlife Conservation Agreement No. 15153 for Escambia County NRDA Artificial Reef Construction 2015-2016
From:	Chips Kirschenfeld
Department:	Natural Resources
CAO Approval:

RECOMMENDATION:

Recommendation Concerning an Agreement with the Florida Fish and Wildlife Conservation Commission for the Escambia County NRDA Artificial Reef Construction 2015-2016 - J. Taylor "Chips" Kirschenfeld, Interim Director, Department of Natural Resources Management

That the Board take the following action concerning Agreement No. 15153 with the Florida Fish and Wildlife Conservation Commission for the Escambia County NRDA Artificial Reef Construction 2015-2016:

A. Approve Agreement No. 15153, in an amount not to exceed $2,701,795.15, with the Florida Fish and Wildlife Conservation Commission for the Escambia County NRDA (Natural Resources Damages Assessment) Artificial Reef Construction 2015-2016; and

B. Authorize the Chairman to sign the Agreement and any subsequent documents related to acceptance, execution, reporting, no-cost time extensions and amendments 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 language in Paragraph 34, 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."

[Funding: Fund 118, Gulf Coast Restoration Fund, Cost Center to be determined at time of SBA]

BACKGROUND:

Escambia County submitted an application to Florida Trustees for funding to construct artificial reefs through Natural Resources Damages Assessment (NRDA) Early Restoration as a result of the Deepwater Horizon Oil Spill. Florida Fish and Wildlife Conservation Commission (FWC) will manage the funding to Escambia County through this Agreement. Funds will be used to construct artificial reefs by deploying prefabricated modules within sites permitted to Escambia County by US Army Corps of Engineers and Florida Department of Environmental Protection.

BUDGETARY IMPACT:

Fund 118, Gulf Coast Restoration Fund, Cost Center to be determined at time of SBA. The Agreement allows for up to 5% of the funds to be used by Escambia County to pay for expenses related to managing the artificial reef projects.

LEGAL CONSIDERATIONS/SIGN-OFF:

The Agreement was reviewed and approved as to legal form and sufficiency by Kristin Hual, Assistant County Attorney.

PERSONNEL:

No additional personnel are required to implement 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 Agrmt 15153-NRDA ArtificialReefConstruction15-16