01/21/2015 Agreement . FWC Agreement No. 14102
STATE OF FLORIDA D
MEM
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ROME
AGREEMENT NO. 14102
CFDA Title(s): N/A CFDA No(s).: N/A
Name of Federal Agency(s): N/A
Federal Award No(s): N/A Federal Award Year(s): N/A
Federal Award Name(s): N/A
CSFA Title(s).: Florida Boating Improvement Program CSFA No(s).: 77.006
State Award No(s).: 14102 State Award Year(s): 2014 - 2015
State Award Name(s): Monroe County, Removal of Derelict Vessels and Derelict Floating Structures
This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission,
whose address is 620 South Meridian Street, Tallahassee, Florida 32399 -1600, hereafter "Commission," and the
Monroe County Board of County Commissioners, FEID # 59- 6000749, whose address is 2798 Overseas
Highway, Suite 420, Marathon, Florida 33050, hereinafter "Grantee."
WHEREAS, the Commission and Grantee have partnered together to remove two derelict vessels and two
derelict floating structures from the public waters of Monroe County; and,
WHEREAS, Grantee has been awarded Florida Boating Improvement Program grant 14102 ; and,
WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and
public welfare.
NOW THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as
follows:
1. PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities
and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part
hereof (hereafter, Scope of Work). The Scope of Work specifically identifies project tasks and
accompanying deliverables. These deliverables must be submitted and approved by the Commission
prior to any payment. The Commission will not accept any deliverable that does not comply with the
specified required minimum level of service to be performed and the criteria for evaluating the successful
completion of each deliverable. If this agreement is the result of Grantee responses to the Commission's
request for competitive or other grant proposals, the Grantee's response is hereby incorporated by
reference.
2. PERFORMANCE. The Grantee shall perform the activities described in the Scope of Work in a proper and
satisfactory manner. Unless otherwise provided for in the Scope of Work, any and all equipment,
products or materials necessary or appropriate to perform under this Agreement shall be supplied by the
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FWC Agreement No. 14102
Grantee. Grantee shall obtain all necessary local,state,and federal authorizations necessary to complete
this project,and the Grantee shall be licensed as necessary to perform under this Agreement as may be
required by law,rule,or regulation;the Grantee shall provide evidence of such compliance to the
Commission upon request.The Grantee shall procure all supplies and pay all charges,fees,taxes and
incidentals that may be required for the completion of this Agreement.By acceptance of this Agreement,
the Grantee warrants that it has the capability in all respects to fully perform the requirements and the
integrity and reliability that will assure good-faith performance as a responsible Grantee. Grantee shall
immediately notify the Commission's Grant Manager in writing if its ability to perform under the
Agreement is compromised in any manner during the term of the Agreement. The Commission shall take
appropriate action, including potential termination of this Agreement pursuant to Paragraph nine(9)
below, in the event the Grantee's ability to perform under this Agreement becomes compromised.
3. AGREEMENT PERIOD.
A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is made
pursuant to a grant award and shall be effective upon execution by the last Party to sign,and shall
remain in effect through-. However,as authorized by Rule 68-1.003,F.A.C.,
referenced grant programs may execute Agreements with a retroactive start date of no more than
sixty(60)days,provided that approval is granted from the Executive Director or his/her designee
and that it is in the best interest of the Commission and State to do so. Agreements executed
under this grant award shall not precede a start date of 07/11/2014. For this agreement,the
retroactive start date was not approved. The Commission's Grant Manager shall confirm the
specific start date of the Agreement by written notice to the Grantee. The Grantee shall not be
eligible for reimbursement or compensation for grant activities performed prior to the start date of
this Agreement nor after the end date of the Agreement. For this agreement,preaward costs may
be eligible for reimbursement.Details of allowable expenses are included in Attachment A
(Scope of Work). If necessary,by mutual agreement as evidenced in writing and lawfully
executed by the Parties,an Amendment to this Agreement may be executed to lengthen the
Agreement period.
4. COMPENSATION AND PAYMENTS.
A. Compensation. As consideration for the services rendered by the Grantee under the terms of this
Agreement,the Commission shall pay the Grantee on a cost reimbursement basis in an amount
not to exceed$119,100.
B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks
identified in Attachment A,Scope of Work,as evidenced by the completed deliverables,upon
submission of invoices,accompanied by supporting documentation sufficient to justify invoiced
expenses or fees,and after acceptance of services and deliverables in writing by the
Commission's Grant Manager identified in Paragraph eleven(11),below. Unless otherwise
specified in the Scope of Work, invoices shall be due monthly,commencing from the start date of
this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were
provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise
specified in the Scope of Work,a final invoice shall be submitted to the Commission no later than
forty-five(45)days following the expiration date of this Agreement to assure the availability of
funds for payment. Further, pursuant to Section 215.971(1)(d),F.S.,the Commission may only
reimburse the Grantee for allowable costs resulting from obligations incurred during the
agreement period specified in Paragraph three(3).
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FWC Agreement No. 14102
C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's
Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may
be submitted electronically to the attention of the Commission's Grant Manager identified in
Paragraph eleven (11), below. If submitting hard copies, an original and two (2) copies of the
invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under
this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit
thereof. Grantee acknowledges that the Commission's Grant Manager shall reject invoices
lacking documentation necessary to justify invoiced expenses.
D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non - federal
match towards this Agreement. If applicable, details regarding specific match requirements are
included in Attachment A, Scope of Work.
E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be
reimbursed in accordance with Section 112.061, F.S.
F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation and authorization to spend by the
Legislature. The Parties hereto understand that this Agreement is not a commitment to future
appropriations, but is subject to appropriation and authority to spend provided by the Legislature.
The Commission shall be the final authority as to the availability of funds for this Agreement, and
as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such
funds are not appropriated or available for the Agreement purpose, such event will not constitute
a default on behalf of the Commission or the State. The Commission's Grant Manager shall
notify the Grantee in writing at the earliest possible time if funds are not appropriated or
available.
G. Non Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that
under non - competitive procurements, a Grantee may not receive a rate of payment in excess of
the competitive prevailing rate for those services unless expressly authorized in the General
Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the
amount of non - competitive compensation provided in this Agreement is in compliance with
Section 216.3475, F.S.
H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections
215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422,
F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, or the
Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured
from the latter of the date the invoice is received or the Deliverables are received, inspected and
approved, a separate interest penalty set by the Department of Financial Services pursuant to
Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices
returned to a vendor due to preparation errors will result in a payment delay. Invoice payment
requirements do not start until a properly completed invoice is provided to the agency.
Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer (EFT),
offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has
signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter
can be found on the vendor instruction page at:
http: / /www.fldfs.com/aadir /direct deposit web /Vendors.htm
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FWC Agreement No. 14102
Questions should be directed to the State of Florida's EFT Section at (850) 413 -5517. Once
enrolled, invoice payments will be made by EFT.
J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for
vendors who may be experiencing problems in obtaining timely payment(s) from a State agency,
may be contacted at (850) 413 -5516 or by calling the Chief Financial Officer's Hotline, (800)
342 -2762.
5. CERTIFICATIONS AND ASSURANCES. Upon execution of this Agreement by the Grantee, the Grantee
shall complete, sign and return to the Commission's Grant Manager a completed copy of the form entitled
"Certifications and Assurances," attached hereto and incorporated as Attachment B. This includes:
Debarment and Suspension Certification; Certification Against Lobbying; Certification Regarding Public
Entity Crimes; and Certification Regarding the Scrutinized Companies List (applicable to agreements in
excess of $1 million); Attachment B, incorporated and made part of this Agreement.
6. RETURN OR RECOUPMENT OF FUNDS.
A. Overpayment to Grantee. Pursuant to Section 215.971(1)(e) &(f), F.S., the Grantee shall return
to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the
terms of this Agreement that were disbursed to Grantee by the Commission. In the event that the
Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall
repay said overpayment within forty (40) calendar days without prior notification from the
Commission. In the event that the Commission first discovers an overpayment has been made,
the Commission will notify the Grantee in writing. Should repayment not be made in a timely
manner, the Commission shall be entitled to charge interest at the lawful rate of interest
established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40)
calendar days after the date of notification or discovery. Refunds should be sent to the
Commission's Grant Manager, and made payable to the "The Florida Fish and Wildlife
Conservation Commission."
B. Additional Costs or Monetary Loss Resulting from Grantee Non - Compliance. If the
Grantee's non - compliance with any provision of the Agreement results in additional cost or
monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the
Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement
or any other agreement between Grantee and the Commission. In the event that the discovery of
this cost or loss arises when no monies are available under this Agreement or any other agreement
between the Grantee and the Commission, the Grantee will repay such cost or loss in full to the
Commission within thirty (30) days of the date of notice of the amount owed, unless the
Commission agrees, in writing, to an alternative timeframe. If the Grantee is unable to repay any
cost or loss to the Commission, the Commission shall notify the State of Florida, Department of
Financial Services, for resolution pursuant to Section 17.0415, F.S.
7. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. The Grantee
recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the
services or goods purchased under the terms of this Agreement.
If the Grant involves the improvement of real property titled to the State of Florida, then the following
paragraph applies. The Grantee acknowledges that Property being improved is titled to the State of
Florida, and is not subject to lien of any kind for any reason. The Grantee shall include notice of such
exemptions in any subcontracts and purchase orders issued hereunder.
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FWC Agreement No. 14102
8. MONITORING. The Commission's Grant Manager shall actively monitor the Grantee's performance and
compliance with the terms of this Agreement. The Commission reserves the right for any Commission
staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific
monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work.
9. TERMINATION.
A. Commission Termination. The Commission may unilaterally terminate this Agreement for
convenience by providing the Grantee with thirty (30) calendar days of written notice of its
intent to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost
profits. The Grantee may request termination of the Agreement for convenience.
B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in
the event of fraud or willful misconduct. In the event of such termination, the Commission shall
provide the Grantee with written notice of termination.
C. Termination — Other. The Commission may terminate this Agreement if the Grantee fails to:
1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within
the time specified by the Agreement or extension; 3.) maintain adequate progress, thus
endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or
licensing requirement. Rule 60A- 1.006(3), F.A.C., governs the procedure and consequences for
default. The rights and remedies of the Commission in this clause are in addition to any other
rights and remedies provided by law or under the Agreement. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
D. Termination - Funds Unavailability. In the event funds to finance this Agreement become
unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or
redirected, the Commission may terminate this Agreement upon no less than twenty -four (24)
hours notice in writing to the Grantee. Said notice shall be delivered by certified mail, return
receipt requested or in person with proof of delivery. The Commission shall be the final authority
as to the availability of funds and will not reallocate funds appropriated for this Agreement to
another program thus causing "lack of funds." In the event of termination of this Agreement
under this provision, the Grantee will be compensated for any work satisfactorily completed and
any non - cancellable obligations properly incurred prior to notification of termination.
E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of
termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all
activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly
render to the Commission all property belonging to the Commission. For the purposes of this
section, property belonging to the Commission shall include, but shall not be limited to, all books
and records kept on behalf of the Commission.
10. REMEDIES.
A. Financial Consequences. In accordance with Sections 215.971(1)(a) &(b), F.S., Attachment A,
Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must
be received and accepted in writing by the agency before payment. Each deliverable specifies the
required minimum level of service to be performed and the criteria for evaluating the successful
completion of each deliverable. If the Grantee fails to produce each deliverable within the time
frame specified by the Scope of Work, the budget amount allocated for that deliverable may be
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FWC Agreement No. 14102
deducted from the Grantee's payment. In addition, pursuant to Section 215.971(1)(c), the
Commission shall apply any additional financial consequences, identified in the Scope of Work.
B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in
addition to any other rights and remedies provided by law or under the Agreement.
11. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified
below. In the event that either Party designates a different Grant Manager after the execution of this
Agreement, the Party will provide written notice of the name, address, zip code, telephone and fax
numbers, and email address of the newest Grant Manager, or an individual authorized to receive notice on
behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after
the new Grant Manager has been named. A designation of a new Grant Manager shall not require a
formal amendment to the Agreement.
FOR THE COMMISSION: FOR THE GRANTEE:
Grant Manager Grant Manager
Tim Woody Rich Jones
FBIP Program Administrator Senior Administrator
Fish and Wildlife Conservation Commission Monroe County Marine Resources Office
620 South Meridian Street 2798 Overseas Highway, Suite 420
Tallahassee, FL 32399 -1600 Marathon, FL 33050
Telephone: (850) 617 -9559 Telephone: (305) 289 -2805
Fax: (850) 488 -9284 Fax: (305) 289 -2536
Email: fbip @MyFWC.com Email: jones- rich @monroecounty -fl.gov
12. AMENDMENT.
A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant,
condition, or limitation herein contained shall be valid unless in writing and lawfully executed by
the Parties.
B. Change Orders. The Commission may, at any time, by written order, make a change to this
Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in
writing. Any change which causes an increase or decrease in the Grantee's cost or time shall
require an Amendment. Minor changes, such as those updating a Party's contact information,
may be accomplished by a Modification.
C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this
Agreement if federal and/or state revisions of any applicable laws or regulations make changes in
the Agreement necessary.
13. INTELLECTUAL PROPERTY RIGHTS.
A. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically
addressed in the Attachment A, Scope of Work, intellectual property rights to the Grantee's
preexisting property will remain with the Grantee.
B. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing,
marketing or other authorization related to any intellectual property right created or otherwise
developed by the Grantee under this Agreement for the Commission shall be handled in the
manner specified by the applicable Florida State Statute and/or Federal program requirements.
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C. Commission Intellectual Property Rights. Where activities supported by this Agreement
produce original writing, sound recordings, pictorial reproductions, drawings or other graphic
representations and works of any similar nature, the Commission and the State of Florida have the
unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such
materials in whole or in part, in any manner, for any purpose whatsoever and to have others
acting on behalf of the Commission to do so. If this Agreement is supported by federal funds, the
federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce,
publish, or otherwise use the work for federal purposes, and to authorize others to do so.
14. RELATIONSHIP OF THE PARTIES.
A. Independent Grantee. The Grantee shall perform as an independent Grantee and not as an
agent, representative, or employee of the Commission. The Grantee covenants that it presently
has no interest and shall not acquire any interest that would conflict in any manner or degree with
the performance of services required. Each Party hereto covenants that there is no conflict of
interest or any other prohibited relationship between the Grantee and the Commission.
B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees,
subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee
shall furnish a copy of technical certification or other proof of qualification.
C. Commission Security. All employees, subcontractors, or agents performing work under the
Agreement must comply with all security and administrative requirements of the Commission.
The Commission may conduct, and the Grantee shall cooperate in, a security background check
or otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The
Commission may refuse access to, or require replacement of, any personnel for cause, including,
but not limited to, technical or training qualifications, quality of work, change in security status,
or non - compliance with the Commission's other requirements. Such refusal shall not relieve
Grantee of its obligation to perform all work in compliance with the Agreement. The
Commission, in coordination with the Grantee, may reject and bar from any facility for cause any
of Grantee's employees, subcontractors, or agents.
D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at
all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to
another governmental agency in the State of Florida, upon giving prior written notice to the
Grantee.
E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that
the Commission may undertake or award supplemental agreements for work related to the
Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the
Commission in all such cases.
15. SUBCONTRACTS.
A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the
following terms and conditions apply. The Grantee shall ensure, and provide assurances to the
Commission upon request, that any subcontractor selected for work under this Agreement has the
necessary qualifications and abilities to perform in accordance with the terms and conditions of
this Agreement. The Grantee must provide the Commission with the names of any subcontractor
considered for work under this Agreement; the Commission in coordination with the Grantee
reserves the right to reject any subcontractor. The Grantee agrees to be responsible for all work
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FWC Agreement No. 14102
performed and all expenses incurred with the project. Any subcontract arrangements must be
evidenced by a written document available to the Commission upon request. The Grantee further
agrees that the Commission shall not be liable to the extent allowed by law, to any subcontractor
for any expenses or liabilities incurred under the subcontract and the Grantee shall be solely liable
to the subcontractor for all expenses and liabilities incurred under the subcontract.
B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A,
above, Grantee agrees to make payments to the subcontractor upon completion of work and
submitted invoice in accordance with the contract between the Grantee and subcontractor. Failure
to make payment pursuant to any subcontract will result in a penalty charged against Grantee and
paid to the subcontractor in the amount of one -half of one (1) percent of the amount due per day
from the expiration of the period allowed herein for payment. Such penalty shall be in addition to
actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due."
C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with
Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose
qualifications or performance, in the Commission's judgment, are insufficient.
D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to
Paragraph A above, the Grantee agrees to take such actions as may be necessary to ensure that
each subcontractor will be deemed to be an independent contractor and will not be considered or
permitted to be an agent, servant, joint venturer, or partner of the State of Florida.
16. MANDATORY DISCLOSURE.
A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S.
Grantee shall provide the name of any officer, director, employee, or other agent who is affiliated
with this project and an employee of the State of Florida.
B. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings.
Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to
the Commission's Agreement Manager, upon occurrence, all civil or criminal litigation,
investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the
Grantee's ability to perform under this agreement. If the existence of such Proceeding causes the
Commission concern that the Grantee's ability or willingness to perform the Agreement is
jeopardized, the Grantee may be required to provide the Commission with reasonable assurances
to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its
terms and conditions; and, b.) Grantee and/or its employees or agents have not and will not
engage in conduct in performing services for the Commission which is similar in nature to the
conduct alleged in such Proceeding.
17. INSURANCE.
The Grantee warrants and represents that it is insured, or self - insured for liability insurance, in accordance
with applicable state law and that such insurance or self- insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their employment
with the Grantee.
18. PUBLIC ENTITY CRIMES.
A. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may
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not be awarded or perform work as a Grantee, supplier, subcontractor or consultant under a
contract with any public entity and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty -
six (36) months from the date of being placed on the convicted vendor list.
The State of Florida, Department of Management Services, Division of State Purchasing provides
listings for convicted, suspended, discriminatory and federal excluded parties, as well as the
vendor complaint list at:
http: / /www.dms.myflorida.com / business operations/state purchasing/vendor information/convic
ted suspended discriminatory complaints vendor lists
B. Notice of Conviction of Public Entity Crime. Any person must notify the Department of
Management Services and the Commission within 30 days after conviction of a public entity
crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S.
C. Certifications and Assurances. Upon execution of this Agreement by the Grantee, the Grantee
shall complete, sign and return to the Commission's Grant Manager a completed copy of the form
entitled "Certifications and Assurances," attached hereto and incorporated as Attachment B. This
includes the Certification Regarding Public Entity Crimes.
19. VENDORS ON SCRUTINIZED COMPANIES LIST.
A. Scrutinized Companies. If this Agreement is in the amount of one (I) million dollars or more,
in executing this Agreement, the Grantee certifies that it is not listed on either the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473, F.S., and is not engaged in
business operations in Cuba or Syria.
B. False Certification — Termination. Pursuant to Subsection 287.135(3)(b), F.S., the Commission
may immediately terminate this Agreement for cause if the Grantee is found to have submitted a
false certification or if, during the term of the Agreement, the Grantee is placed on the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engages in business operations in Cuba or Syria.
C. Cessation of Federal Authority. In the event that federal law ceases to authorize the states to
adopt and enforce the contracting prohibition identified in this paragraph, this provision shall be
null and void to the extent no longer authorized.
20. SPONSORSHIP. As required by Section 286.25, F.S., if the Grantee is a nongovernmental organization
which sponsors a program financed wholly or in part by state funds, including any funds obtained through
this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state:
"Sponsored by (Grantee's name) and the State of Florida, Fish and Wildlife Conservation Commission."
If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife
Conservation Commission" shall appear in the same size letters or type as the name of the Grantee's
organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work.
21. PUBLIC RECORDS.
A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to
allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, F.S., and made or received by the Grantee in conjunction with this Agreement,
unless exemption for such records is allowable under Florida law.
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B. Pursuant to Section 119.0701, F.S., the Grantee shall comply with the following:
a. Keep and maintain public records that ordinarily and necessarily would be required by
the Commission in order to perform the service.
b. Provide the public with access to public records on the same terms and conditions that the
Commission would provide the records and at a cost that does not exceed the cost
provided in Chapter 119, F.S. or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the
Commission all public records in possession of the Grantee upon termination of the
Agreement and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information
technology systems of the Commission.
22. SECURITY AND CONFIDENTIALITY. The Grantee shall not divulge to third parties any clearly marked
confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors,
officers or employees in the course of performing Grant work. To ensure confidentiality, the Grantee shall
take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this
paragraph shall survive the Grant.
23. RECORD KEEPING REQUIREMENTS.
A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and
other evidence that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Agreement, in accordance with generally accepted
accounting principles.
B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow
the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the
State of Florida, the Florida Office of Program Policy Analysis and Government Accountability
or authorized representatives of the state or federal government to have access to any of the
Grantee's books, documents, papers, and records, including electronic storage media, as they may
relate to this Agreement, for the purposes of conducting audits or examinations or making
excerpts or transcriptions.
C. Grantee Records Retention. Unless otherwise specified in Attachment A, Scope of Work, these
records shall be maintained for five (5) years following the close of this Agreement. The Grantee
shall cooperate with the Commission to facilitate the duplication and transfer of such records
upon the Commission's request.
D. Grantee Responsibility to Include Records Requirements — Subcontractors. In the event any
work is subcontracted under this Agreement, the Grantee shall include the aforementioned audit
and record keeping requirements in all subsequent contracts.
E. Compliance with Federal Funding Accountability and Transparency. Any federal funds
awarded under this Agreement must comply with the Federal Funding Accountability and
Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American
with the ability to hold the government accountable for each spending decision. The result is to
reduce wasteful spending in the government. The FFATA legislation requires that information on
GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 10 of 18
FWC Agreement No. 14102
federal awards (federal financial assistance and expenditures) be made available to the public via
a single, searchable website: www.USASpending.gov. Grant recipients awarded a new Federal
grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the
FFATA. The Grantee agrees to provide the information necessary, over the life of this
Agreement, for the Commission to comply with this requirement.
24. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS. Pursuant to the FSAA (or Federal)
Vendor / Recipient Determination Checklist, the Grantee has been determined to be a recipient of state
financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S.
and/or OMB Circular A -133, the Grantee may be subject to the audit requirements of the Florida and/or
Federal Single Audit Acts. If applicable, the Grantee shall comply with the audit requirements outlined in
Attachment C, "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a
part of the Agreement, as applicable.
25. NON - EXPENDABLE PROPERTY.
A. Non - Expendable Property Defined. For the requirements of this section of the Agreement,
"non- expendable property" is the same as "property" as defined in Section 273.02, F.S.
(equipment, fixtures, and other tangible personal property of a non - consumable and non-
expendable nature, with a value or cost of $1,000 or more, and a normal expected life of one year
or more; hardback- covered bound books that are circulated to students or the general public, with
a value or cost of $25 or more; and uncirculated hardback - covered bound books, with a value or
cost of $250 or more).
B. Title to Non - Expendable Property. Title (ownership) to all non - expendable property acquired
with funds from this Agreement shall be vested in the Commission and said property shall be
transferred to the Commission upon completion or termination of the Agreement unless otherwise
authorized in writing by the Commission or unless otherwise specifically provided for in
Attachment A, Scope of Work.
26. FEDERAL FUNDS. No Federal Funds are applied to this Agreement, therefore, the following terms
and conditions do not apply.
A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. The Grantee shall
be responsible for complying with all federal grant requirements as provided in its grant, a copy
of which is attached hereto and made a part hereof as Attachment D. It is understood and agreed
that the Grantee is not authorized to expend any federal funds under this Agreement to a federal
agency or employee without the prior written approval of the awarding federal agency.
B. Compliance with Federal Laws, Rules and Regulations. As applicable, the Grantee shall
comply with all federal laws, rules, and regulations, including but not limited to:
• Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60).
• The Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR part 3).
• Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C.
327 -330) as supplemented by Department of Labor regulations (29 CFR part 5).
(Construction agreements awarded by grantees and subgrantees in excess of $2,000, and
in excess of $2,500 for other agreements which involve the employment of mechanics or
laborers)
GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 11 of 18
FWC Agreement No. 14102
• All applicable standards, orders, or requirements issued under section 306 of the Clean Air
Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
• Mandatory standards and policies relating to energy efficiency which are contained in the
State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
C. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall
comply with the following Office of Management and Budget Circulars:
• A -21 (2 CFR 220), Cost principles for Educational Institutions
• A -87 (2 CFR 225), Cost Principles for State, Local, and Indian Tribal Governments
• A -122 (2 CFR 230), Cost Principles for Non- Profit Organizations
• A -133, Audit of States, Local Governments, and Non - Profit Organizations
• A -102, Grants and Cooperative Agreements with State and Local Governments
• A -110, Uniform Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Learning, Hospitals, and Other Non - Profit Organizations
D. Certifications and Assurances — Drug - Free Workplace. Pursuant to the Drug - Free Workplace
Act of 1988, and its implementing regulations codified at 29 CFR Part 94, the Grantee will
provide a drug -free workplace. Upon execution of this Agreement by the Grantee, the Grantee
shall complete, sign and return to the Commission a completed copy of Attachment B,
"Certifications and Assurances." This includes the Drug -Free Workplace Requirement
Certification.
E. Trafficking Victims Protection Act of 2000. This federal award is subject to the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g), 2 CFR 175.15). As such, the
awarding federal agency may unilaterally terminate this award without penalty for violations of
this Act. If the Grantee is a private entity, the following provision applies to the federal award:
You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not- -
a. Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
b. Procure a commercial sex act during the period of time that the award is in effect; or
c. Use forced labor in the performance of the award or subawards under the award.
27. DEBARMENT AND SUSPENSION.
A. Grantee Federal Certification. In accordance with Federal Executive Order 12549, Debarment
and Suspension, the Grantee shall agree and certify that neither it, nor its principals, is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency; and, that the Grantee shall
not knowingly enter into any lower tier agreement, or other covered transaction, with a person
who is similarly debarred or suspended from participating in this covered transaction.
B. Grantee Commission Certification. Upon execution of this Agreement by the Grantee, the
Grantee shall complete, sign and return to the Commission a completed copy of Attachment B,
Certifications and Assurances. This includes the Certification Regarding Debarment, Suspension,
and Other Responsibility Matters.
28. PROHIBITION AGAINST LOBBYING.
GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 12 of 18
FWC Agreement No. 14102
A. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal
appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf
of the Grantee, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding, renewal, amending or modifying of any
Federal agreement, grant, or cooperative agreement. The Grantee shall submit Standard
Form -LLL, "Disclosure Form to Report Lobbying ". The Grantee shall require the language of
this certification to be included in all subcontracts, and all subcontractors shall certify and
disclose accordingly.
B. Grantee — Refrain from Subcontracting with Certain Organizations. Pursuant to the
Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any
subcontracts under this Agreement with any organization described in Section 501(c)(4) of the
Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not,
engage in lobbying activities prohibited by the Act as a special condition of the subcontract.
C. Prohibition against Using Agreement Funds for the Purpose of Lobbying. In accordance
with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this
Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency.
Upon request of the Commission's Inspector General, or other authorized State official, the
Grantee shall provide any type of information the Inspector General deems relevant to the
Grantee's integrity or responsibility.
D. Grantee's Completion of Certifications and Assurances. Upon execution of this Agreement
by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy
of Attachment B, "Certifications and Assurances." This includes the Certification Regarding
Lobbying.
29. AGREEMENT- RELATED PROCUREMENT.
A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the
performance of this Agreement is certified by or is available from Prison Rehabilitative Industries
and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection
946.515(2), F.S., the following statement applies:
It is expressly understood and agreed that any articles which are the
subject of, or required to carry out, under this contract shall be purchased
from [PRIDE] In the same manner and under the same procedures set
forth in subsections 946.515(2) and (4), F.S.; and for purposes of this
contract the person, firm or other business entity carrying out the
provisions of this contract shall be deemed to be substituted for this
agency insofar as dealings with such corporation are concerned.
The above clause is not applicable to subcontractors unless otherwise required by law. Additional
information about PRIDE and the products it offers is available at http://www.pride -
enterprises.org.
B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service
required for the performance of this Agreement is on the procurement list established pursuant to
Subsection 413.035(2), F.S., the following statement applies:
GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 13 of 18
FWC Agreement No. 14102
It is expressly understood and agreed that any articles that are the subject
of, or required to carry out, under this contract shall be purchased from a
nonprofit agency for the blind or for the severely handicapped that is
qualified pursuant to Chapter 413, F.S., in the same manner and under
the same procedures set forth in Subsections 413.036(1) and (2), F.S.;
and for purposes of this agreement, the person, firm or other business
entity carrying out the provisions of this contract shall be deemed to be
substituted for the state agency insofar as dealings with such qualified
nonprofit agency are concerned.
Additional information about the designated nonprofit agency and the products it offers is
available at http: / /www.respectofflorida.org.
C. Procurement of Recycled Products or Materials. The Grantee agrees to procure any recycled
products or materials which are the subject of or are required to carry out this Agreement in
accordance with Section 403.7065, F.S.
30. PURCHASE OR IMPROVEMENT OF REAL PROPERTY
This agreement is not for the purchase or improvement of real property, therefore, the following terms
and conditions do not apply.
The Grantee shall comply with Section 287.05805, F.S. This section requires the Grantee to grant a
security interest in the property to the State of Florida, the type and details of which are provided for in
Attachment A, Scope of Work.
31. PROFESSIONAL SERVICES.
A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this
Agreement is for the acquisition of professional architectural, engineering, landscape
architectural, or surveying and mapping services, and is therefore subject to Section 287.055,
F.S., the following provision applies:
The architect (or registered surveyor and mapper or professional engineer, as
applicable) warrants that he or she has not employed or retained any company or
person, other than a bona fide employee working solely for the architect (or
registered surveyor and mapper, or professional engineer, as applicable) to solicit
or secure this contract and that he or she has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the architect (or registered surveyor and mapper or
professional engineer, as applicable) any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
contract.
B. Termination for Breach. For the breach or violation of this provision, the Commission shall
have the right to terminate the Agreement without liability and, at its discretion, to deduct from
the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
32. INDEMNIFICATION. If the Grantee is a state agency or subdivision, as defined in Subsection 768.28(2),
F.S., pursuant to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the
other Party's negligence. If the Grantee is not a state agency or subdivision as defined above, the Grantee
shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully
GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 14 of 18
FWC Agreement No. 14102
indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and
employees, from suits, actions, damages, and costs of every name and description, including attorneys'
fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to
be caused in whole or in part by the Grantee, its agents, employees, partners, or subcontractors, provided,
however, that the Grantee shall not indemnify for that portion of any loss or damages proximately caused
by the negligent act or omission of the State or the Commission.
33. NON - DISCRIMINATION.
A. Non - Discrimination in Performance. No person, on the grounds of race, creed, color, national
origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or
benefits of, or be otherwise subjected to discrimination in performance of this Agreement.
B. Discriminatory Vendor List. In accordance with Section 287.134, F.S., an entity or affiliate
who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a bid, proposal or
reply on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public entity; may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public entity. The
Grantee has a continuing duty to disclose to the Commission whether they appear on the
discriminatory vendor list.
34. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the
State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each
provision of this Agreement shall be interpreted in such manner as to be effective and valid under
applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law,
such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement. Any action in connection
herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful
venues.
35. NO THIRD PARTY RIGHTS. The Parties hereto do not intend nor shall this Agreement be construed to
grant any rights, privileges or interest to any person not a Party to this Agreement.
36. JURY TRIAL WAIVER. 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.
37. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with federal Executive Order 96 -236, the
Commission shall consider the employment by the Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral
cancellation of this Agreement if the Grantee knowingly employs unauthorized aliens.
38. EMPLOYMENT ELIGIBILITY VERIFICATION (E- VERIFY).
A. Requirement to Use E- Verify. Executive Order 11 -116, signed May 27, 2011, by the Governor
of Florida, requires Commission contracts in excess of nominal value to expressly require the
Grantee to: 1.) utilize the U.S. Department of Homeland Security's E- Verify system to verify
the employment eligibility of all new employees hired by the Grantee during the contract term;
and, 2.) include in all subcontracts under this Agreement, the requirement that subcontractors
GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 15 of 18
FWC Agreement No. 14102
performing work or providing services pursuant to this contract utilize the E- Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during the term
of the subcontract.
B. E - Verify Online. E- Verify is an Internet -based system that allows an employer, using
information reported on an employee's Form I -9, Employment Eligibility Verification, to
determine the eligibility of all new employees hired to work in the United States after the
effective date of the required Memorandum of Understanding (MOU); the responsibilities and
elections of federal contractors, however, may vary, as stated in Article II.D.1.c. of the MOU.
There is no charge to employers to use E- Verify. The Department of Homeland Security's E-
Verify system can be found online at
http: / /www.dhs.gov /files/programs /gc 1185221678150.shtm
C. Enrollment in E - Verify. If the Grantee does not have an E- Verify MOU in effect, the Grantee
must enroll in the E- Verify system prior to hiring any new employee after the effective date of
this Agreement.
D. E - Verify Recordkeeping. The Grantee further agrees to maintain records of its participation and
compliance with the provisions of the E- Verify program, including participation by its
subcontractors as provided above, and to make such records available to the Commission or other
authorized state entity consistent with the terms of the Grantee's enrollment in the program. This
includes maintaining a copy of proof of the Grantee's and subcontractors' enrollment in the E-
Verify Program (which can be accessed from the "Edit Company Profile" link on the left
navigation menu of the E- Verify employer's homepage).
E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility
Verification provision is made an express condition of this Agreement and the Commission may
treat a failure to comply as a material breach of the Agreement.
39. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the
other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault
nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God,
wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's
control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply
is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable
measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under
this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional
charge or cost under the Agreement to either Party. In the case of any delay the Grantee believes is
excusable under this paragraph, Grantee shall notify the Commission's Grant Manager in writing of the
delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after
the cause that creates or will create the delay first arose, if the Grantee could reasonably foresee that a
delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to
believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL
CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in
strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its
sole discretion, will determine if the delay is excusable under this paragraph and will notify the Grantee of
its decision in writing. No claim for damages, other than for an extension of time, shall be asserted
against the Commission. The Grantee shall not be entitled to an increase in the Agreement price or
payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs,
expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of
delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have
GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 16 of 18
FWC Agreement No. 14102
ceased to exist, the Grantee shall perform at no increased cost, unless the Commission determines, in its
sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or
the State, in which case, the Commission may terminate the Agreement in whole or in part.
40. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the
entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of
provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed
by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following
order of precedence shall prevail; this Agreement and its attachments, the terms of the solicitation and the
Grantee's response to the solicitation.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 17 of 18
FWC Agreement No. 14102
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their
duly authorized signatories on the day and year last written below.
MONROE COUNTY BOARD OF COUNTY FLORIDA FISH AND WILDLIFE
COMMISSIONERS CONSERVATION COMMISSION
_ -. .... _., / ,., 7< i i i,....
SIGNATURE ._,, SIGN RE
Name: DGtrwi L. V-0 Ikut,6t• Name: 471ci DA V6 kgap/
Title: Y)/1 Gtl l JJ c� r Title: Dpg yr CA Ec'roa. nF LAW Eivf
Date: 1 1 Date: .2/2 /5
Approved as to form and legality by FWC Attorney:
• , OE COUNTY ATTORNEY
-PROVED _ = TOFORM
SIGN URE
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Name: 4)44
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Attachments in this Agreement include the following:
Attachment A Scope of Work
Attachment B Certifications and Assurances
Attachment C Requirements of the Federal and Florida Single Audit Acts
Attachment D Comptroller Contract Payment Requirements
Attachment E Sample Invoice Form
Attachment F Project Progress Report Form
Attachment G Certification of Completion Form
GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 18 of 18
Attachment A — SCOPE OF WORK
Project Name: Monroe County, Removal of Derelict Vessels and FWC Contract No. 14102
Derelict Floating Structures
1. INTRODUCTION
A. Purpose: The purpose of this project is to remove two derelict vessels and two derelict floating
structures from the public waters of Monroe County.
B. Project Benefits: This project will improve boater safety by removing hazards to navigation.
Also, the project will improve water quality and protect benthic resources by removing pollutants
and potential marine debris.
2. DELIVERABLES
A. Removal of Derelict Vessels
i. Specific Project Deliverables & Associated Tasks: The Grantee shall provide all labor,
equipment, and materials to remove each derelict vessel listed below from the public waters
of Monroe County and properly dispose of the vessels in the designated disposal location:
1) Derelict Vessel Number: FWSB -12- OFF - 007712
Description: 45 -foot concrete sailboat
Location: 25° 03.942' N, 80° 28.026' W
Disposal: Landfill
2) Derelict Vessel Number: FWSB -12 -OFF- 005527
Description: 44 -foot recreational trawler powerboat, FL 2043 LS
Location: 24° 33.87798' N, 81° 44.85402' W
Disposal: Landfill
ii. Documentation / Criteria Used as Evidence of Performance: The Grantee shall provide to
the Commission, a Final Disposition Report. This report shall contain the list of all derelict
vessels removed and the disposition of each derelict vessel, photographs of each derelict
vessel, and an "Incident/Summary Report Narrative" (FWC/DLE -045A) completed by a
Commission law enforcement officer verifying removal of each derelict vessel. The
photographs shall document the condition of the vessel prior to removal, the removal process,
and the final disposition of the vessel. Each photograph shall be labeled with the Derelict
Vessel Number assigned to that vessel.
iii. Compensation: For satisfactory completion of Deliverable A as described in this Scope of
Work, by the Grantee under the terms of this Agreement, the Commission shall pay the
Grantee on a cost reimbursement basis in an amount not to exceed $47,850.
iv. Cost Share: The Grantee agrees to provide 25.00% of the total cost for Deliverable A as
indicated in FBIP Grant Application No. 14 -002. The total compensation by the Commission
shall be $47,850 or 75.00% of the total cost for Deliverable A, whichever is less.
B. Removal of Derelict Floating Structures
i. Specific Project Deliverables & Associated Tasks: The Grantee shall provide all labor,
equipment, and materials to remove each derelict floating structure listed below from the
Page 1 of 5
Attachment A — SCOPE OF WORK
Project Name: Monroe County, Removal of Derelict Vessels and FWC Contract No. 14102
Derelict Floating Structures
public waters of Monroe County and properly dispose of the structures in the designated
disposal location:
1) Incident Report Number: FWSB -12 -OFF -11235
Description: 40' two -story structure in Jewfish Creek
Location: 25° 10.660' N, 80° 23.402' W
Disposal: Landfill
2) Incident Report Number: FWSB -14 -OFF -1201
Description: 63 -foot concrete structure in Little Basin
Location: 24° 55.32' N, 80° 38.92' W
Disposal: Landfill
ii. Documentation / Criteria Used as Evidence of Performance: The Grantee shall provide to
the Commission, a Final Disposition Report. This report shall contain the list of all derelict
floating structures removed and the disposition of each derelict structures, photographs of
each derelict floating structure, and an "Incident/Summary Report Narrative" (FWC/DLE-
045A) completed by a Commission law enforcement officer verifying removal of each. The
photographs shall document the condition of the floating structures prior to removal, the
removal process, and the final disposition of the floating structures. Each photograph shall be
labeled with the Incident Report Number assigned to that floating structure.
iii. Compensation: For satisfactory completion of Deliverable B as described in this Scope of
Work, by the Grantee under the terms of this Agreement, the Commission shall pay the
Grantee on a cost reimbursement basis in an amount not to exceed $71,250.
iv. Cost Share: The Grantee agrees to provide 25.00% of the total cost for Deliverable B as
indicated in FBIP Grant Application No. 14 -006. The total compensation by the Commission
shall be $71,250 or 75.00% of the total cost for Deliverable B, whichever is less.
3. PERFORMANCE
A. Commencement of Work: The Grantee shall commence work on Phase I of the Project within
90 days of execution of the Agreement. Failure by the Grantee to begin work shall constitute a
breach of the Agreement and may result in termination of the Agreement by the Commission.
B. Criteria for Evaluating Successful Completion: The Grantee shall complete the project as
described in this Scope of Work and Florida Boating Improvement Program Applications 14 -002
and 14 -006, incorporated herein by reference, according to the approved bid specifications.
Failure to complete the project in a satisfactory manner could result in financial consequences as
specified herein.
C. Procurement: The Grantee shall procure goods and services through a competitive solicitation
process in accordance with Chapter 287, Florida Statutes. The Grantee shall forward one copy of
any solicitation to the Commission's Grant Manager for review prior to soliciting for quotations
or commencing any work. The Commission's Grant Manager shall have 30 working days for
review. This review shall ensure that minimum guidelines for the Project's scope of work are
adhered to. The Grantee shall forward one copy of the bid tabulation, or similar list of responses
Page 2 of 5
Attachment A — SCOPE OF WORK
Project Name: Monroe County, Removal of Derelict Vessels and FWC Contract No. - 14102
Derelict Floating Structures
to the solicitation, along with the award recommendation to the Commission's Grant Manager
D. Acknowledgement: The GRANTEE, at its expense, shall acknowledge the COMMISSION and
the Florida Boating Improvement Program as a source of funding by drafting a press release and
making the release available to local media. The GRANTEE shall provide a draft copy of the
press release to the COMMISSION prior to making it available to the media. Any other form of
acknowledgement must be approved by the COMMISSION's Program Administrator. Such
acknowledgement shall be maintained for the duration of the Agreement. Failure by the
GRANTEE to maintain such acknowledgement shall be considered a breach of the Agreement.
E. Engineering: If applicable, all engineering must be completed by a professional engineer or
architect registered in the State of Florida. All work must meet or exceed minimum design
standards and guidelines established by all applicable local, state and federal laws.
4. FINANCIAL CONSEQUENCES
The Commission may restrict any or all payment of Program funds for failure to complete the
Project as described herein within the timeframe allowed, or for failure to correct any Project
deficiencies, as noted in the final Project inspection.
5. COMPENSATION AND PAYMENT
A. Compensation: The Grantee shall be reimbursed only for budgeted expenses that are directly
related to this scope of work. The Grantee may be eligible for costs incurred prior to the
execution of this Agreement as allowable by Chapter 68- 1.003, Florida Administrative Code, and
the Florida Boating Improvement Program Guidelines.
B. Salvage Value: The GRANTEE shall be entitled to the salvage value of any grant- designated
derelict vessel or any part(s) or accessories thereof, excluding the hull, not used in the
construction of a permitted artificial reef site. All such salvage activities not essential to the
physical removal of a derelict vessel shall be accomplished after the vessel has been removed
from public waters. The salvage value of each vessel shall be deducted by the GRANTEE when
determining the reimbursement request for the removal and disposal costs for each derelict vessel.
C. Travel Expenses: No travel expenses are authorized under the terms of this agreement.
D. Invoice Schedule: The Grantee may submit a request for reimbursement after completion of
each deliverable, as described herein, and acceptance of deliverables in writing by the
Commission's Grant Manager. The final reimbursement request must be submitted within 30
days after completion of the Project. The Commission shall have 45 working days to inspect and
approve goods and services.
E. Forms and Documentation: The Grantee shall be reimbursed on a cost reimbursement basis in
accordance with Comptroller Contract Payment Requirements as shown in the Department of
Financial Services, Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter
4., C., I., attached hereto and made a part hereof as Attachment D.
Page 3 of 5
Attachment A — SCOPE OF WORK
Project Name: Monroe County, Removal of Derelict Vessels and FWC Contract No. 14102
Derelict Floating Structures
Each request for reimbursement shall include an invoice in a format similar to Attachment E,
Sample Invoice Form, which shall include the FWC Contract Number, the Grantee's Federal
Employer Identification (FEID) Number, and indicate the dates of service. Each invoice shall be
accompanied by reports and photographs to document project completion, an itemized list of all
project expenditures, and copies of invoices and cancelled checks or check numbers to document
payment for all project expenditures. The final request for reimbursement shall be accompanied
by a Certification of Completion.
6. MONITORING
A. Compliance Monitoring and Corrective Actions: The Commission will monitor the Grantee's
service delivery to determine if the Grantee has achieved the required level of performance. If
the Commission at its sole discretion determines that the Grantee failed to meet any of the Terms
and Conditions of this Agreement, the Grantee will be sent a formal written notice. The Grantee
shall correct all identified deficiencies within forty -five (45) days of notice. Failure to meet
100% compliance with all of the Terms and Conditions of this Agreement or failure to correct the
deficiencies identified in the notice within the time frame specified may result in delays in
payment or termination of this Agreement in accordance with the Termination section.
B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable, during
the construction of the Project. The Grantee shall notify the Commission's Grant Manager when
the Project has reached substantial completion so that inspection may occur in a timeframe
allowing for the timely submission and processing of the final invoice. The Commission's Grant
Manager, or designee, shall inspect the work accomplished on the Project and, if deemed
complete and in compliance with the terms of the Agreement, approve the request for payment.
The Grantee shall allow unencumbered access to the Project site to the Commission, its
employees or agent for the duration of the Agreement for the purpose of site visit or inspection to
verify the facility is being maintained, in operation and is open and available to the public. As
part of the inspection, the Commission may request maintenance and use information from the
Grantee to validate the condition of the facility.
C. Project Progress Reports: The Grantee shall submit to the Commission, on a monthly basis,
project progress reports outlining the progress of the Project, identifying any problems that may
have arisen, and actions taken to correct such problems. Such reports shall be submitted on the
Project Progress Report Form attached hereto and made a part hereof as Attachment F. Reports
are due to the Commission's Grant Manager by the 15 of the month immediately following the
reporting period until the Certification of Completion is submitted.
D. Certificate of Completion: Upon completion of the Project, the Grant Manager for the Grantee
shall sign a Certification of Completion form, Attachment G, attached hereto and made a part
hereof, that certifies the Project was completed in accordance with the Scope of Work and the
Agreement.
7. INTELLECTUAL PROPERTY RIGHTS
No additional requirements. Refer to Section 13 of the Agreement.
Page 4 of 5
Attachment A — SCOPE OF WORK
Project Name: Monroe County, Removal of Derelict Vessels and FWC Contract No. 14102
Derelict Floating Structures
8. SUBCONTRACTS
No additional requirements. Refer to Section 15 of the Agreement.
9. INSURANCE
No additional requirements. Refer to Section 17 of the Agreement.
10. SECURITY AND CONFIDENTIALITY
No additional requirements. Refer to Section 22 of the Agreement.
11. RECORD KEEPING REQUIREMENTS
No additional requirements. Refer to Section 23 of the Agreement.
12. NON - EXPENDABLE PROPERTY
The Grantee is not authorized to use funds provided herein for the purchase of any non - expendable
equipment or personal property valued at $1,000 or more for performance under this Agreement.
13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY
No additional requirements. Refer to Section 30 of the Agreement..
Page 5 of 5
FWC Contract No. 14102 Attachment B
CERTIFICATIONS AND ASSURANCES
The Commission will not enter this Agreement unless Grantee completes the CERTIFICATIONS AND
ASSURANCES contained in this Attachment. In performance of this Agreement, Grantee provides the
following certifications and assurances:
A. Debarment and Suspension Certification (2 CFR Part 1400)
B. Certification Regarding Lobbying (31 U.S.C. 1352)
C. Certification Regarding Public Entity Crimes (section 287.133, F.S.)
D. Certification Regarding Drug -Free Workplace Requirements (41 U.S.C. 701 et. seq.) (as
applicable to recipients and subrecipients of federal financial assistance)
E. Certification Regarding the Scrutinized Companies List (section 287.135, F.S.) (as
applicable)
A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTION.
The undersigned Grantee certifies to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a Federal department or agency;
2. Have not within a three -year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2. of
this certification; and/or
4. Have not within a three -year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause of default.
If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an
explanation to this Agreement.
B. CERTIFICATION REGARDING LOBBYING — Certification for Contracts, Grants, Loans, and
Cooperative Agreements.
The undersigned Grantee certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
Ver. September 2013 Page 1 of 4
FWC Contract No. 14102 Attachment B
agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employees of Congress, or employee of a Member of Congress in
connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall
also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
The undersigned shall require that language of this certification be included in the documents for
. all subcontracts at all tiers (including subcontracts, sub - grants and contracts under grants, loans
and cooperative agreements) and that all sub - recipients and contractors shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
Grant was made or entered into. Submission of this certification is a prerequisite for making or
entering into this Agreement imposed by 31 U.S.C. 1352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
C. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S.
Grantee hereby certifies that neither it, nor any person or affiliate of Grantee, has been convicted of a
Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list.
Grantee understands and agrees that it is required to inform the Commission immediately upon any
change of circumstances regarding this status.
D. CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
(If Grantee is a Recipient or Subrecipient of Federal Financial Assistance)
Pursuant to the Drug -Free Workplace Act of 1988, the undersigned attests and certifies that the Grantee
(if not an individual) will provide a drug -free workplace by the following actions:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in Grantee's workplace and
specifying the actions that will be taken against employees for violation of such prohibition.
2. Establishing an ongoing drug -free awareness program to inform employees concerning:
a. The dangers of drug abuse in the workplace.
b. The policy of maintaining a drug -free workplace.
c. Any available drug counseling, rehabilitation and employee assistance programs.
d. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of the Agreement
be given a copy of the statement required by paragraph D.1. of this certification.
4. Notifying the employee in the statement required by paragraph D.1. of this certification that, as a
condition of employment under the Agreement, the employee will:
a. Abide by the terms of the statement.
Ver. September 2013 Page 2 of 4
FWC Contract No. 14102 Attachment B
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five (5) calendar days after such
conviction.
5. Notifying the Commission in writing ten (10) calendar days after receiving notice under
subparagraph 4.b. from an employee or otherwise receiving actual notice of such conviction.
Provide such notice of convicted employees, including position title, to every Grant Manager on
whose Grant activity the convicted employee was working. The notice shall include the
identification number(s) of each affected Contract or Grant.
6. Taking one of the following actions, within thirty (30) calendar days of receiving notice under
subparagraph 4.b. herein, with respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973 as
amended.
b. Requiring such employee to participate satisfactorily in drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local, health,
law enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug -free workplace through implementation
of this entire certification.
If the Grantee is an individual, the Grantee certifies that:
1. As a condition of the grant, Grantee will not engage in the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance in conducting any activity with the grant;
and,
2. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of
any grant activity, Grantee will report the conviction, in writing, within 10 calendar days of the
conviction, to the Commission When notice is made to such a central point, it shall include the
identification number(s) of each affected grant.
E. CERTIFICATION REGARDING the SCRUTINIZED COMPANIES LISTS, SECTION
287.135, F.S.
If this Grant is in the amount of $1 million or more, in accordance with the requirements of section
287.135, F.S., Grantee hereby certifies that it is not listed on either the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List. Both lists are created pursuant to section 215.473, F.S. Grantee also hereby certifies that it is not
engaged in business operations is Cuba or Syria.
Grantee understands that pursuant to section 287.135, F.S., the submission of a false certification may
subject Grantee to civil penalties, attorney's fees, and/or costs.
If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an
explanation to this Grant.
Ver. September 2013 Page 3 of 4
FWC Contract No. 14102 Attachment B
By signing below, Grantee certifies the representations outlined in parts A through E above are true and
correct.
(Signature and Title of Authorized Representative)
Grantee Date
(Street)
(City, State, ZIP Code)
Ver. September 2013 Page 4 of 4
FWC Contract No. 14102 Attachment C
AUDIT REQUIREMENTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission
(Commission) to the Contractor may be subject to audits and/or monitoring by the Commission as
described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97,
F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of
activities of the Contractor. Such monitoring procedures may include, but not be limited to, on -site visits
by the Commission staff or contracted consultants, limited scope audits as defined by OMB Circular A-
133, as revised, and/or other procedures. By entering into this Contract, the Contractor agrees to comply
and cooperate with any monitoring procedures /processes deemed appropriate by the Commission. The
Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Florida Department of Financial Services or the Florida Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
A. This part is applicable if the Contractor is a State or local government or a non - profit organization as
defined in OMB Circular A -133, as revised.
B. In the event that the Contractor expends $500,000 or more in Federal awards in its fiscal year, the
Contractor must have a single or program - specific audit conducted in accordance with the provisions
of the Federal Single Audit Act of 1996 and OMB Circular A -133, as revised. EXHIBIT 1 to this
Attachment indicates Federal resources awarded through the Commission by this Contract. In
determining the Federal awards expended in its fiscal year, the Contractor shall consider all sources
of Federal awards, including Federal resources received from the Commission. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A -133, as revised. An audit of the Contractor conducted by the Auditor General in
accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this
part.
C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Contractor
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A -133, as revised. This includes, but is not limited to, preparation of financial statements, a
schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a
corrective action plan.
D. Such audits shall cover the entire Contractor's organization for the organization's fiscal year.
Compliance findings related to contracts with the Commission shall be based on the contract
requirements, including any rules, regulations, or statutes referenced in the Contract. The financial
statements shall disclose whether or not the matching requirement was met for each applicable
contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the
audit report with reference to the Commission contract involved. Additionally, the results from the
Commission's annual financial monitoring reports must be included in the audit procedures and the
OMB A -133 audit reports.
Ver. June 2013 Page 1 of 6
FWC Contract No. 14102 Attachment C
E. If not otherwise disclosed as required by section .310(b)(2) of OMB Circular A -133, as revised, the
schedule of expenditures of Federal awards shall identify expenditures by contract number for each
contract with the Commission in effect during the audit period.
F. If the Contractor expends less than $500,000 in Federal awards in its fiscal year, an audit conducted
in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event
that the Contractor expends less than $500,000 in Federal awards in its fiscal year and elects to have
an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of
the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from
the Contractor's resources obtained from other -than Federal entities).
G. A web site that provides links to several Federal Single Audit Act resources can be found at:
http: //harvester.census.gov /sac /sainfo.html
PART II: STATE FUNDED
This part is applicable if the Contractor is a non -state entity as defined by Section 215.97, F.S., (the
Florida Single Audit Act).
A. In the event that the Contractor expends a total amount of state financial assistance equal to or in
excess of $500,000 in any fiscal year of such Contractor, the Contractor must have a State single or
project - specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of
the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the
Commission by this Contract. In determining the state financial assistance expended in its fiscal year,
the Contractor shall consider all sources of state financial assistance, including state financial
assistance received from the Commission, other state agencies, and other non -state entities. State
financial assistance does not include Federal direct or pass- through awards and resources received by
a non -state entity for Federal program matching requirements.
B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Contractor
shall ensure that the audit complies with the requirements of section 215.97(7), F.S. This includes
submission of a financial reporting package as defined by section 215.97(2)(d), F.S., and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the
Auditor General.
C. If the Contractor expends less than $500,000 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that
the Contractor expends less than $500,000 in state financial assistance in its fiscal year and elects to
have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the
audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid
from the Contractor's resources obtained from other -than State entities).
D. Additional information regarding the Florida Single Audit Act can be found at:
https://apps.fldfs.com/fsaa/singleauditact.aspx.
PART III: REPORT SUBMISSION
A. Copies of reporting packages, to include any management letter issued by the auditor, for audits
conducted in accordance with OMB Circular A -133, as revised, and required by Part I of this
Ver. June 2013 Page 2 of 6
FWC Contract No. 14102 Attachment C
Attachment shall be submitted by or on behalf of the Contractor directly to each of the following at
the address indicated:
1. The Commission at the following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399 -1600
2. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number
of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should
be submitted to the Federal Audit Clearinghouse):
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
3. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised.
B. Copies of audit reports for audits conducted in accordance with OMB Circular A -133, as revised, and
required by Part I of this Attachment (in correspondence accompanying the audit report, indicate the
date that the Contractor received the audit report); copies of the reporting package described in
Section .320 (d), OMB Circular A -133, as revised, and any management letters issued by the auditor;
copies of reports required by Part II of this Attachment must be sent to the Commission at the
addresses listed in paragraph c.) below.
C. Copies of financial reporting packages required by Part II of this Attachment, including any
management letters issued by the auditor, shall be submitted by or on behalf of the Contractor
directly to each of the following:
1. The Commission at the following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399 -1600
2) The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32399 -1450
Ver. June 2013 Page 3 of 6
FWC Contract No. 14102 Attachment C
D. Any reports, management letter, or other information required to be submitted to the Commission
pursuant to this Contract shall be submitted timely in accordance with OMB Circular A -133, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General, as applicable.
Contractors and sub - contractors, when submitting financial reporting packages to the Commission for
audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities)
or 10.650 (non - profit and for - profit organizations), Rules of the Auditor General, should indicate the
date that the reporting package was delivered to the Contractor /sub- contractor in correspondence
accompanying the reporting package.
- End of Attachment C —
Ver. June 2013 Page 4 of 6
FWC Contract No. 14102 Attachment C
Exhibit 1
FEDERAL AND STATE FUNDING DETAIL
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program(s) Funds
CFDA# CFDA Title Amount
Total Federal Awards
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program(s) Compliance Requirements
CFDA # Compliance Requirements
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Matching Funds Provided
by CFDA
CFDA# CFDA Title Amount of
Matching Funds
Total Matching Funds Associated with Federal Programs
Ver.June 2013 Page 5 of 6
FWC Contract No. 14102 Attachment C
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
State Project(s)
CSFA# CSFA Title Amount
77.006 Florida Boating Improvement Program $119,100.00
Total State Awards $119,1 00.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
State Project(s) Compliance Requirements
CSFA# Compliance Requirements
77 006 Recipient must comply with the Florida Boating Improvement Program Guidelines,
March 2012.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
- End of EXHIBIT 1 -
Ver. June 2013 Page 6 of 6
FWC Contract No. 14102 Attachment D
COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS
Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of
Financial Services, invoices for cost reimbursement contracts must be supported by an itemized listing of
expenditures by category (salary, travel, expenses, etc.). In addition, supporting documentation must be
provided for each amount for which reimbursement is being claimed indicating that the item has been paid.
Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly
reflect the dates of service. Only expenditures for categories in the approved contract budget should be
reimbursed.
Listed below are examples of types of supporting documentation:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Contracts between state agencies may submit alternative documentation to substantiate the reimbursement
request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or
submitted documentation must evidence the completion of all tasks required to be performed for the deliverable
and must show that the provider met the minimum performance standards established in the agreement.
August 2013 Page 1 of 1
FWC Contract No. 14102 Attachment E
INVOICE
Billed to:
Invoice No.
Fish and Wildlife Conservation Commission Invoice Date:
Florida Boating Improvement Program FWC Contract #:
620 South Meridian Street Amount of Grant Award: $
Tallahassee, Florida 32399-1600
Billing Period/Dates of Service:
Remit payment to:
From:
Grantee:
FEID#: To :
Address:
PROJECT COSTS:
In-kind Services—Non-cash expenses: Amount
In-kind service: Administration $
In-kind service: Project Management $
In-kind service: Other $
Deliverables/Services Provided(Scope of Work)—Cash expenditures: Amount
Total Project Cost: $
Grantee Share ( %): — $
Amount for Reimbursement: $
I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that
the matching funds, in-kind or cash, were utilized toward the project in this Agreement.
Signed: Date:
Project Manager
Page 1 of 2
FWC Contract No. 14102 Attachment E
FLORIDA BOATING IMPROVEMENT PROGRAM
Partial Payment Request Form
FWC Contract #
FEID #
Project Title:
Payment No. Dates of Service:
Amount $ Percentage of Completion:
Brief Description — Project Summary:
Describe below deliverables completed to document percentage of work completed for invoice submitted:
Signature
Title
Date
Page 2 of 2
FWC Contract No. 14102 Attachment F
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399 -1600 or fax to (850) 488 -9284.
FWC Contract # Reporting Period (Month/Year):
(Due 15 days after the end of each month)
Grantee:
Project Title:
1. Describe progress of project, including percent completed for each task in the Scope of Work:
2. Is project currently on schedule for completion by the due date? YES ❑ NO ❑
Anticipated completion date:
(If project is not on schedule, please explain any problems encountered and/or possible delays)
3. Reporting requirements: (Check all that have been submitted to date)
❑ Bid package
❑ Bid tabulation
❑ Progress photographs
❑ Final photographs
❑ Draft acknowledgement
Project Manager Date
Print Name Phone
Page 1 of 1
FWC Contract No. 14102 Attachment G
A F \SH Ay)
I L FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Florida Boating Improvement Program
' GO
CERTIFICATION OF COMPLETION STATEMENT
I
(Print Name and Title)
representing
(Name of Local Government)
do hereby certify that the Florida Boating Improvement Program project funded by FWC
Contract No. has been completed in compliance with all terms and conditions of
said Agreement; that all amounts payable for materials, labor and other charges against the
project have been paid; and that no liens have been attached against the project.
(Signature) (Date)
WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in
the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083." § 837.06, Florida Statutes.
CERTIFICATE BY COMMISSION
I certify: That, to the best of my knowledge and belief, the work on the above -named
project has been satisfactorily completed under the terms of the Agreement.
Division:
By: Date:
Name:
Title: