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County Administrator's Report 13. 15.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Grant Agreement for the Ex-Oriskany PCB Artificial Reef Monitoring Project with the Florida Fish and Wildlife Conservation Commission - J. Taylor "Chips" Kirschenfeld, Interim Director, Department of Natural Resources Management
That the Board take the following action concerning the Grant Agreement for the Ex-Oriskany PCB Artificial Reef Monitoring Project between the State of Florida, Florida Fish and Wildlife Conservation Commission (FWC) and Escambia County:
A. Approve the Grant Agreement, FWC Agreement No. 15104, between FWC and Escambia County for the Ex-Oriskany PCB Artificial Reef Monitoring Project, in the amount not to exceed $45,000, from the date of execution through December 31, 2017; 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.
The County Attorney's Office has requested that the Board be made aware of the following language:
* Paragraph 34, SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE, (page 15 of 18), 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 36, JURY TRIAL WAIVER, (page 15 of 18), "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 Fund, Cost Center 220338, Oriskany PCB Monitoring. No matching funds are required] |
| BACKGROUND: |
| Escambia County has been awarded a grant not to exceed $45,000 based on the fee schedule rates/amounts specified in the Scope of Work for the monitoring of background PCB levels in fish tissue near the Oriskany reef site in the Gulf of Mexico, as required by the US Environmental Protection Agency. |
| BUDGETARY IMPACT: |
| Funding Source: Fund 110, Other Grants and Projects Fund, Cost Center 220338, Oriskany PCB Monitoring. No matching funds are required. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| This Grant Agreement was reviewed and approved, as to form and legal sufficiency, by Kristin Hual, Assistant County Attorney. |
| PERSONNEL: |
| No impact in terms of additional personnel associated with this recommendation. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| Board Policy II.A., requires approval of Grants. |
| 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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