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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
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Mayor Pro Tem David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
January 18, 2017
Agenda Item Number: I.2
Agenda Item Summary #2503
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805
No
AGENDA ITEM WORDING: Approval of Florida Fish and Wildlife Conservation Commission
(FWC) Agreement No. 16107 (Agreement) between Monroe County (County) and FWC providing
reimbursement funding to the County in an amount not to exceed $165,183.75 for derelict vessels
removals, in addition to Boating Improvement Funds used for derelict vessel removals.
ITEM BACKGROUND: The County Marine Resources Office routinely removes derelict vessels
utilizing Boating Improvement Funds (BIF). The number and size of derelict vessels to be removed
this fiscal year is anticipated to exceed the current amount budgeted in BIF. In order to supplant BIF
funds and provide for additional removals, Marine Resources staff in August of 2016 submitted a
grant application to the FWC Derelict Vessel Removal Program for the removal of fifty derelict
vessels. The FWC Derelict Vessel Removal Program subsequently awarded grant funding to the
County for the removal of all fifty derelict vessels at a total project cost of $220,245, including 75%
reimbursement of up to $165,183.75 and a 25% required County match of $55,061.25. FWC has
provided Agreement No. 16107 for execution by the County.
Staff has provided Agreement No. 16107 for Board approval.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FWC Agreement No. 16107
FINANCIAL IMPACT:
Effective Date: Upon execution by FWC
Expiration Date: May 31, 2017
Total Dollar Value of Contract: $165,183.75
Total Cost to County: $55,061.25
Current Year Portion: $55,061.25
Budgeted: Yes
Source of Funds: 157- 62520 - 530340
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: $55,061.25
Insurance Required: No
Additional Details: OMB will set up grant and match accounts
01/18/17 157 -62520 - BOATING IMPROVEMENT
$55,061.25
REVIEWED BY:
Mayte Santamaria
Completed
Assistant County Administrator Christine
Hurley
12/23/2016 9:55 AM
Peter Morris
Completed
Jaclyn Carnago
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Completed
12/16/2016 4:47 PM
Completed
01/03/2017 10:24 AM
01/03/2017 10:40 AM
01/03/2017 10:53 AM
01/03/2017 10:55 AM
01/03/2017 11:07 AM
01/18/2017 9:00 AM
FWC Agreement No. 16107
STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION CONirvilSSION
AGREEMENT NO. 16107
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).: Derelict Vessel Removal Grant
CSFA No(s).: 77005
State Award No(s).: FWC -16107
State Award Year(s): 2016 -2017
State Award Name(s): Monroe County Derelict Vessel Removal Project
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
Monroe County Office of Marine Resources, 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 derelict vessels from the public
waters of the state; and,
WHEREAS, Grantee has been awarded Bulk Derelict Vessel Removal Grant FWC- 16107; 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.
STANDARD GRANT AGREEMENT Ver. 06/2016 Page 1 of '22
FWC Agreement No. 16107
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 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 05/31/2017. 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 09/12/2016. 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 are not eligible for reimbursement. 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 $165,183.75.
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 (5) 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).
STANDARD GRANT AGREEMENT Ver. 06 /2016 Page 2 of 22
FWC Agreement No. 16107
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.
I. 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 webNendors.htm
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.
STANDARD GRANT AGREEMENT Ver. 06/2016 Page 3 of 22
FWC Agreement No. 16107
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 both State and Federal requirements, each
applicable to the extent this Agreement includes either State -only funding, Federal -only funding, or both.
6. RETURN OR RECOUPbIENT 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, 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. Grantee is placed on notice
that this exemption generally does not apply to other parties of this agreement, recipients, subrecipients,
contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the
Commission's Grant Manager.
A. 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.
STANDARD GRANT AGREEMENT Ver. 06/2016 Page 4 of 22
FWC Agreement No. 16107
S. 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 State and Federal
monitoring terms and conditions are found in Attachment C, Audit Requirements. Additionally, monitoring
terms, conditions, and schedules may be included in Attachment A, Scope of Work.
9. TERMINATION.
A. Commission Unilateral 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.
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 finds 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 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 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.
STANDARD GRANT AGREEMENT Ver. 06 /2016 Page 5 of 22
FWC Agreement No. 16107
11.
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.
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:
Grant Manager
Phil Horning
Derelict Vessel Removal Grants Administrator
Fish and Wildlife Concervation Commission
620 S. Meridian Street Room 235I
Tallahassee, Florida 32399
(850) 617 -9540 Direct
(850) 488 -9284 Fax
Phil.Homing @MyFWC.com
12. AMENDMENT.
FOR THE GRANTEE:
Grant Manager
Ms. Celia Hitchins
Monroe County BOCC, Office of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
(305) 289 -2580 Direct
(305) 289 -2536 Fax
Hitchins-Celia@MonroeCounty-Fl.gov
Click here to enter Email.
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.
PROPERTY RIGHTS.
If this Agreement includes Federal funds, the provisions of Sections 200.310- 200.316, OMB Uniform Guidance
(2 CFR 200), and any language addressing Federal rights, apply.
A. Intellectual and Other Intangible Property
Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically
addressed in the Attachment A, Scope of Work, intellectual and other intangible property
rights to the Grantee's preexisting property will remain with the Grantee. The Grantee
shall indemnify and hold harmless the Commission, the Federal awarding agency, and its
employees from any liability, including costs, expenses, and attorney's fees, for or on
account of any copyrighted, patented, or un- patented invention, process or article
manufactured or supplied by the Grantee.
STANDARD GRANT AGREEMENT Ver. 06/2016 Page 6 of 22
FWC Agreement No. 16107
ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale,
licensing, marketing or other authorization related to any intellectual and other intangible
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.
iii. 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.
B. 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..
i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real
property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329,
OMB Uniform Guidance (2 CFR 200), as amended.
ii. Title. If this agreement is supported by state funds, 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. Title to state -owned real property remains vested in the state. Title to
federally -owned real property remains vested in the Federal government in accordance
with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended.
iii. Use. Federally -owned real property will be used for the originally authorized purpose as
long as need for that purpose in accordance with Section 200.311, OMB Uniform Guidance
(2 CFR 200). State -owned real property will be used as provided in Attachment A, Scope
of Work.
C. Non - Expendable Property.
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 $1,000.00 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 $25.00 or more; and
uncirculated hardback - covered bound books, with a value or cost of $250.00 or more).
ii. 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
STANDARD GRANT AGREEMENT Ver, 06/2016 Page 7 of 22
FWC Agreement No. 16107
Agreement unless otherwise authorized in writing by the Commission or unless otherwise
specifically provided for in Attachment A, Scope of Work.
D. Equipment and Supplies.
Title - Equipment. Title to equipment acquired under a Federal award will vest upon
acquisition in the non - Federal entity in accordance with Sections 200.313 and 200.314,
OMB Uniform Guidance (2 CFR 200).
ii. Title — Supplies. Title to supplies will vest in the non - Federal entity upon acquisition.
Unused supplies exceeding $5,000.00 in total aggregate value upon termination or
completion of the project or program are subject to Section 200.314, OMB Uniform
Guidance.
iii. Use — Equipment. Equipment must be used by the non - Federal entity in the program or
project for which it was acquired as long as needed.
W. 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
security or other requirements. Such refusal shall not relieve Grantee of its obligation to perform all
work in compliance with the Agreement. The Commission 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.
STANDARD GRANT AGREEMENT Ver. 06 /2016 Page 8 of 22
FWC Agreement No. 16107
15. SUBCONTRACTS.
A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following
terms and conditions apply. 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 reserves the right to reject any subcontractor. The Grantee agrees to be
responsible for all work 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 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. The Grantee, at its expense, will defend the
Grantor against such claims. The following provisions apply, in addition to any terms and conditions
included in Attachment A, Scope of Work.
B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above,
the Grantee agrees to make payments to the subcontractor within seven (7) working days after receipt
of full or partial payments from the Commission in accordance with Section 287.0585, F.S., unless
otherwise stated in the agreement between the Grantee and subcontractor. Grantee's failure to pay its
subcontractors within seven (7) working days will result in a penalty charged against the Grantee and
paid to the subcontractor in the amount of one -half of one percent (0.50 %) 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 percent (15 %) of the outstanding balance due.
C. Commission Right to Reject Subcontractor Employees. The Commission 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.
These disclosures are required by State law, as indicated, and apply when this Agreement includes State
funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award.
A. Disclosure of Interested State Employees and Conflict of Interest. This Agreement is subject to
Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other agent who
is also an employee of the State of Florida. Grantee shall also disclose the name of any State employee
who owns, directly or indirectly, an interest of five percent (5 %) or more in the Grantee or its affiliates.
If the Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB
Uniform Guidance (2 CFR 200). Grantee must disclose, in writing, any potential conflict of interest to
the Commission in accordance with applicable Federal awarding agency policy.
B. Convicted Vendors. Grantee shall have a continuing obligation to disclose, to the Commission, in
writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted
vendors list maintained by the Florida Department of Management Services pursuant to Section
287.133(3)(d), F.S.
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FWC Agreement No. 16107
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
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.con operations /state purchasing /vendor information/co
nvicted suspended discriminates complaints vendor lists
ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of
Management Services and the Commission, in writing, within thirty (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. Vendors on Scrutinized Companies List.
Scrutinized Companies. If this Agreement is in the amount of $1 million dollars or more, in
executing this Agreement, the Grantee shall have an ongoing obligation to disclose to the
Commission if it, its subrecipient, contractor, or subcontractor, is 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., or is engaged in business
operations in Cuba or Syria. Section 287.135, F.S.
ii. 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.
iii. False Certification — Termination Notice. If the Commission determines that the Grantee has
submitted a false certification, the Commission will provide written notice to the Grantee. Unless
the Grantee demonstrates in writing, within ninety (90) days of receipt of the notice, that the
Commission's determination of false certification was made in error, the Commission shall bring
a civil action against the Grantee. If the Commission's determination is upheld, a civil penalty
equal to the greater of $2,000,000.00 or twice the amount of this Agreement shall be imposed on
the Grantee, and the Grantee will be ineligible to bid on any agreement with an agency or local
governmental entity for three (3) years after the date of the Commission's determination of false
certification by the Grantee.
iv. 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.
D. Discriminatory Vendors. Grantee shall disclose to the Commission, in writing, if they, their
subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the
Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An entity or
STANDARD GRANT AGREEIVIENT Ver. 06/2016 Page 10 of 22
FWC Agreement No. 16107
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." Section 287.134(2)(a), F.S.
E. 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, in writing, 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, agents or subcontractor(s) 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.
F. Certain Violations of Federal Criminal Law. If this agreement includes a Federal award, then in
accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Grantee must disclose, in a
timely manner, in writing to the Commission all violations of Federal criminal law involving fraud,
bribery, or gratuity violations potentially affecting the Federal award.
17. INSURANCE.
A. Reasonably Associated Insurance. During the term of the Agreement, the Grantee, at its sole expense,
shall maintain insurance coverage of such types and with such terms and limits as may be reasonably
associated with the Agreement. Providing and maintaining adequate insurance coverage is a material
obligation of the Grantee, and failure to maintain such coverage may void the Agreement. The limits of
coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's
liability and obligations under the Agreement. All insurance policies shall be through insurers licensed
and authorized to write policies in Florida.
B. Workers Compensation. To the extent required by Chapter 440, F.S., the Grantee will either be
self- insured for Worker's Compensation claims, or will secure and maintain during the life of this
Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this
project, with minimum employers' liability limits of $100,000.00 per accident, $100,000.00 per person,
and $500,000.00 policy aggregate. Such policy shall cover all employees engaged in any contract work.
If any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self - insurance program or insurance coverage shall comply
fully with the Florida Workers' Compensation law (Chapter 440, F.S.). In case any class of employees
engaged in hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance
satisfactory to the Grantee, for the protection of its employees not otherwise protected. Employers who
have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for
those employees.
C. General Liability Insurance. By execution of this Agreement, unless the Grantee is a state agency or
subdivision as defined by Section 768:28(2), F.S., or unless otherwise provided for in the Scope of Work,
the Grantee shall provide reasonable and adequate commercial general liability insurance coverage and
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FWC Agreement No. 16107
hold such liability insurance at all times during the Agreement. A self- insurance program established
and operating under the laws of the State of Florida may provide such coverage.
D. Insurance Required for Performance. During the Agreement term, the Grantee shall maintain any
other types and forms of insurance required for the performance of this Agreement as required in
Attachment A, Scope of Work.
E. Written Verification of Insurance. Upon execution of this Agreement, the Grantee shall provide the
Commission written verification of the existence and amount for each type of applicable insurance
coverage. Within thirty (30) days of the effective date of the Agreement, the Grantee shall furnish the
Commission's Grant Manager proof of applicable insurance coverage by standard Association for
Cooperative Operations Research and Development (ACORD) form certificates of insurance. In the
event that any applicable coverage is cancelled by the insurer for any reason, the Grantee shall
immediately notify the Commission's Grant Manager in writing of such cancellation and shall obtain
adequate replacement coverage conforming to the requirements herein and provide proof of such
replacement coverage within fifteen (15) business days after the cancellation of coverage.
F. Commission Not Responsible for Insurance Deductible. The Commission shall be exempt from, and
in no way liable for, any sums of money representing a deductible in any insurance policy. The payment
of such deductible shall be the sole responsibility of the Grantee providing such insurance.
18. 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.
19. 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.
B. If the Contractor meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the Contractor
shall comply with the following:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF THE CHAPTER 119 FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850-
488 -6553, RecordsCustodian @myfwc.com and 620 South
Meridian Street, Tallahassee FL 32399
Keep and maintain public records required by the Commission to perform the service.
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FWC Agreement No. 16107
iii. Upon request from the Commission's custodian of public records, provide the Commission
with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S. or
as otherwise provided by law.
iv. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not
transfer the records to the Commission.
v. Upon completion of the contract transfer, at no cost, to the Commission all public records
in possession of the Contractor or keep and maintain public records required by the
Commission to perform the service. If the Contractor transfers all public records to the
Commission upon completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the Commission, upon request from
the Commission's custodian of public records, in a format that is compatible with the
information technology systems of the Commission.
vi. Requests for Records; NONCOMPLIANCE — A request to inspect or copy public records
relating to Commission's contract for services must be made directly to the Commission.
If the Commission does not possess the requested records, the Commission shall
immediately notify the Contractor of the request, and the Contractor must provide the
records to the Commission or allow the records to be inspected or copied within a
reasonable time. If a Contractor does not comply with the Commission's request for
records, the Commission shall enforce the contract provisions in accordance with the
contract. A Contractor who fails to provide the public records to the Commission within a
reasonable time may be subject to penalties under s. 119.10.
vii. Civil Action — If a civil action is filed against the Contractor to compel production of public
records relating to the Commission's contract for services, the court shall assess and award
against the Contractor and the reasonable costs of enforcement including reasonable
attorney fees, if:
a. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Contractor
has not complied with the request, to the Commission and to the Contractor.
A notice complies if it is sent to the Commission's custodian of public records
and to the Contractor at the Contractor's address listed on its contract with the
Commission's or the Contractor's registered agent. Such notices must be sent
by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format. A Contractor
who complies with a public records request within 8 business days after the
notice is sent is not liable for the reasonable costs of enforcement.
20. SECURITY AND CONFIDENTIALITY.
The Grantee shall maintain the security of any information created under this Agreement that is identified
or defined as "confidential" in Attachment A, Scope of Work. The Grantee shall not divulge to third Parties
any confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors,
officers or employees in the course of performing Agreement work. To ensure confidentiality, the Grantee
STANDARD GRANT AGREEMENT Ver. 06/2016 Page B of 22
FWC Agreement No. 16107
shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this
paragraph shall survive the Agreement.
21. COOPERATION WITH INSPECTOR GENERAL.
Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and
will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection,
review, or hearing. Upon request of the Inspector General or any other authorized State official, the
Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's
integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's
business or financial records, documents, or files of any type or form that refer to or relate to the Contract.
The Contractor shall retain such records for three (3) years after the expiration of the Contract, or the period
required by the General Records Schedules maintained by the Florida Department of State (available at:
http•/ /dos myflorida conVlibrary_archives/ records- management/¢eneral- records- schedulesn whichever is
longer. The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the
Inspector General or other authorized State official for investigations of the Contractor's compliance with
the terms of this or any other agreement between the Contractor and the State which results in the suspension
or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators,
including overtime; travel and lodging expenses; and expert witness and documentary fees.
22. 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 the Scope of Work, these records shall be
maintained for five (5) years following the close of this Contract. Contractor 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 Nvith 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 federal awards (federal financial
assistance and expenditures) be made available to the public via a single, searchable website:
www.USASpendine.gov Grant recipients awarded a new Federal grant greater than or equal to
$25,000.00 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.
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FWC Agreement No. 16107
23. 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 Uniform Guidance (2 CFR 200), 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.
24. FEDERAL COMPLIANCE.
As applicable, Contractor shall comply with all federal laws, rules, and regulations, including but not
limited to:
i. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or
requirements issued under the Clean Air Act (42 U.S.C. 7401- 7671q), and the Water
Pollution Control Act (33 U.S.C. 1251 -1387, as amended).
ii. Lacey Act, 16 U.S.0 3371 -3378. This Act prohibits trade in wildlife, fish and plants have
been illegally taken, possessed, transported or sold.
iii, Magnuson- Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 -1884.
This Act governs marine fisheries in Federal waters.
iv. Migratory Bird Treaty Act, 16 U.S.C. 703 -712. The Act prohibits anyone, unless
permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer
for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for
transportation, transport, cause to be transported, carry or cause to be carried by any means
whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any
manner, any migratory bird, or any part, nest, or egg of such bird.
V. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the
conservation of threatened and endangered plants and animals and the habitat in which they
are found. The Act also prohibits any action that cause a "taking" of any listed species of
endangered fish or wildlife. Also generally prohibited are the import, export, interstate, and
foreign commerce of listed species.
25. FEDERAL FUNDS. No Federal Funds are applied to this Contract, therefore, the following terms
and conditions do not apply.
A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and
agreed that the Contractor is not authorized to expend any federal funds under this Contract to a
federal agency or employee without the prior written approval of the awarding federal agency.
B. Equal Employment Opportunity. 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). Applicable, except as
otherwise provide under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee
involving Federal assisted construction.
C. Davis -Bacon Act. The Davis -Bacon Act, 40 U.S.C. 3141 -3148, as supplemented by Department of
Labor regulations at 29 CFR Part 5. Applicable to contractors and subcontractors performing on
federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair
(including painting and decorating) of public buildings or public works. Under this Act, contractors
and subcontractors must pay their laborers and mechanics employed under the contract no less than
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FWC Agreement No. 16107
the locally prevailing wages and fringe benefits for corresponding work on similar projects in the
area.
D. Copeland "Anti- Kickback Act. The Copeland "Anti- Kickback" Act, 40 U.S.C. 3141 -3148, and
3146 -3148, as supplemented by Department of Labor regulations (29 CFR Part 5). Applicable to
contracts awarded by a non - Federal entity in excess of $100,000.00 that involve employment of
mechanics or labors. Under this Act, contractors and subrecipients are prohibited from inducing, by
any mean, any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled.
E. Contract Work Hours and Safety Standards Act 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). Applicable to construction contracts awarded by Contractors and
subcontractors in excess of $2,000.00, and in excess of $2,500.00 for other contracts which involve
the employment' of mechanics or laborers. Under this Act, contractors and subcontractors must
compute wages of mechanics and laborers (workers) on the basis of a standard forty (40) hour work
week; provide workers no less than time and a half for hours worked in excess of the forty (40) hour
work week; and not require workers to work in surroundings or work conditions that are unsanitary,
hazardous, or dangerous.
F. Rights to Inventions Made Under a Contract or Agreement. 37 CFR 401. If the Federal award
meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under the "funding agreement," the recipient or subrecipient must comply with the requirements of
37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
G. Energy Efficiency. 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).
H. Debarment and Suspension Contractor Federal Certification. In accordance with Federal
Executive Order 12549, Debarment and Suspension, the Contractor 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 Contractor shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in this covered
transaction.
I. Prohibition against Lobbying.
Contractor Certification — Payments to Influence. The Contractor 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 Contractor, 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 contract, grant, or cooperative agreement.
If any non - federal funds are used for lobbying activities as described above in connection
with this Contract, the Contractor shall submit Standard Form -LLL, "Disclosure Form to
Report Lobbying ", and shall file quarterly updates of any material changes. The Contractor
STANDARD GRANT AGREEMENT Ver. 06 /2016 Page 16 of 22
FWC Agreement No. 16107
shall require the language of this certification to be included in all subcontracts, and all
subcontractors shall certify and disclose accordingly.
Contractor — Refrain from Subcontracting with Certain Organizations. Pursuant to
the Lobbying Disclosure Act of 1995, the Contractor agrees to refrain from entering into
any subcontracts under this Contract 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.
J. Compliance with Office of Management and Budget Circulars. As applicable, Contractor shall
comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR
200).
26. 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 httR:/ /www.yride- enterarises.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:
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.oriz
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FWC Agreement No. 16107
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.
27. 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 registered 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.
28. 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 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.
29. 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
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FWC Agreement No. 16107
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.
30. 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.
31. 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.
32. 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 mentit.
33. 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.
34. 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 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.I.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/i)rojzrams/Rc—I 1 8522 1 678 1 50.shtm
STANDARD GRANT AGREEMENT Vex. 06/2016 Page 19 of 22
FWC Agreement No. 16107
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.
35. 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
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 do any or all of the following: (1) accept allocated
performance or deliveries from the Grantee, provided that the Grantee grants preferential treatment to the
Commission with respect to products or services subjected to allocation, (2) purchase from other sources
(without recourse to and by the Grantee for the related costs and expenses) to replace all or part of the
products or services that are the subject of the delay, which purchases may be deducted from the Agreement
quantity; or (3) terminate the Agreement in whole or in part.
STANDARD GRANT AGREEMENT Ver. 06/2016 Page 20 of 22
FWC Agreement No. 16107
36. TIME IS OF THE ESSENCE.
Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional
deadlines for performance for the Grantee's obligation to timely provide deliverables under this Agreement
including but not limited to timely submittal of reports, are contained in Attachment A, Scope of Work.
37. 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.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
STANDARD GRANT AGREEMENT Ver. 06/2016 Page 21 of 22
FWC Agreement No. 16107
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 WQ.DLEFE
CO MMISSION CONSERVATION COMMISSION
SIGNATURE
Name:
Title:
Date:
SIGNATURE
Name:
Title:
Date:
MONROE COUNTY ATTORNEY Approved as to form and legality by FWC Attorney
APP VED AS TO FORM I
,}
A
SI ATURE
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date:
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
Copy of Sample Invoice Form
Attachment
E
Derelict Vessel Removal Best Management Practices
Attachment
F
Monthly Progress Report
Attachment
G
Certificate of Completion
Attachment
H
Cost Reimbursement Contract Payment Requirements
CTANfIAATI rMAWT Anl?RRAffTM" 17— n4nni ID— '11 ,.c��
Attachment A — SCOPE OF WORK
Project Name: I Monroe County Derelict Vessel Removal FWC Contract No. FWC -16107
1. Introduction
A. Purpose: The purpose of this project is to remove fifty derelict vessels from the public waters
of the state within the jurisdiction of Monroe County, Florida.
B. Project Benefits: The removal of these derelict vessels will improve boating safety by
removing a hazard to navigation. This project will also help to restore sensitive marine
resources and improve water quality.
2. PROJECT DESCRIPTION
A. Deliverable (s):
1. The Grantee shall remove and dispose of the 50 derelict vessels identified in the Tasks
below.
2. The Grantee shall provide to the Commission a Final Disposition Report. This report shall
contain the list of all derelict vessels removed, the disposition of each derelict vessel, and
photographs that document the condition of each vessel prior to removal, the removal process
for each vessel, and the final disposition of each vessel.
B. 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) FWSB -I3- OFF -011926
Description: 27' sailboat, unknown registration
Location: 25° 13.198 (l) / 80° 25.152 (W)
Disposal: Landfill
2) FWSB -I4- OFF -007177
Description: 23' open fishing boat, unknown registration
Location: 24° 53.278 (N) / 81° 39.265 (W)
Disposal: Landfill
3) FWSB -15- OFF - 004441
Description: White 21' sailboat, FL3955NZ
Location: 24° 34.03002 (N) / 81° 48.471 (W)
Disposal: Landfill
4) FWSB -I5- OFF -010592
Description: Tan 26' cabin cruiser, FL7828HV
Location: 24° 42.872 (N) / 81° 22.022 (W)
Disposal: Landfill
Version 1.0 — June 2013 Page 1 of 9
Attachment A — SCOPE OF WORK
Project Name: I Monroe County Derelict Vessel Removal FWC Contract No. FWC -16107
5) FWSB -I5- OFF - 012215
Description: White and Blue 26' Sailboat, FL1703JL
Location: 24° 32.443 (N) / 81 ° 55.403 (W)
Disposal: Landfill
6) FWSB -I5- OFF - 012425
Description: White 23' Sailboat, FL5201BV
Location: 24° 39.938 (N) / 81 ° 26.442 (W)
Disposal: Landfill
7) FWSB -I6- OFF - 000808
Description: White and Blue 25' Sailboat, LA6603LC
Location: 24° 37.95702 (l) / 81 ° 30.52002 (W)
Disposal: Landfill
8) FWSB -I6- OFF - 001015
Description: Blue 30' sailboat, unknown registration
Location: 24° 34.050 (1) / 81° 48.594 (W)
Disposal: Landfill
9) FWSB -I6- OFF - 001016
Description: White 25' Sailboat. FL4664FR
Location: 24° 34.068 (1) / 81 ° 48.558 (W)
Disposal: Landfill
10) FWSB -I6- OFF - 001017
Description: White 30' Sailboat, FL7591MA
Location: 24° 34.092 (W) / 81° 48.550 (l)
Disposal: Landfill
11) FWSB -I6- OFF - 001035
Description: White and Blue 20' open fishing, No Markings
Location: 24° 37.026 (W) / 81 ° 42.636 (N)
Disposal: Landfill
12) FWSB -I6- OFF - 001762
Description: Blue 17' ski boat, FL1755HK
Location: 24° 33.938 (1) / 81 ° 42.935 (W)
Disposal: Landfill
13) FWSB -I6- OFF - 002368
Description: White 27' Sailboat, FL9018JK
Location: 25° 13.51902 (N) / 80° 24.93102 (W)
Disposal: Landfill
Version 1.0 — June 2013 Page 2 of 9
Attachment A — SCOPE OF WORK
Project Name: I Monroe County Derelict Vessel Removal I FWC Contract No. I FWC- 16107
14) FWSB -I6- OFF - 002405
Description: White 26' sailboat, registration unknown
Location: 25° 13.518 (l) / 80° 24.93102 (W)
Disposal: Landfill
15) FWSB -I6- OFF - 003581
Description: Multi Color 18' Open Fishing Vessel
Location: 24° 39.150 (N) / 81° 34.86198 (W)
Disposal: Landfill
16) FWSB -I6- OFF - 003587
Description: White 22' Sailboat, unknown registration
Location: 24° 41.12802 (N) / 81* 26.61798 (W)
Disposal: Landfill
17) FWSB -I6- OFF - 003593
Description: Blue 18' Runabout, FL6926CE
Location: 24° 41.40498 (N) / 81° 23.715 (W)
Disposal: Landfill
18) FWSB -I6- OFF - 003596
Description: White 25' Cabin Cruiser, registration unknown
Location: 24° 42.006 (1) / 81 ° 23.487 (W)
Disposal: Landfill
19) FWSB -I6- OFF - 003599
Description: White 22' Open Vessel, Registration Unknown
Location: 24° 44.02698 (N) / 81° 24.591 (W)
Disposal: Landfill
20) FWSB -I6- OFF - 003978
Description: Blue 20' Open Migrant Vessel, No Registration
Location: 24° 36.207 (N) / 81 ° 42.20802
Disposal: Landfill
21) FWSB -I6- OFF - 003980
Description: White 26' Sailboat, FL7075FH
Location: 24° 35.88702 (1) / 81 ° 47.943
Disposal: Landfill
22) FWSB -I6- OFF - 003989
Description: Brown 12' migrant vessel, No Registration
Location: 24° 31.524 (N) / 81 ° 55.614 (W)
Disposal: Landfill
Version 1.0 — June 2013 Page 3 of 9
Attachment A — SCOPE OF WORK
Project Name: I Monroe County Derelict Vessel Removal FWC Contract No. I FWC -16107
23) FWSB -I6- OFF - 004207
Description: White 37' Sailboat, HIN# ECY37051179H
Location: 24° 41.51298 (N) / 81° 06.54102 (W)
Disposal: Landfill
24) FWSB -I6- OFF - 004768
Description: White 12' Skiff, no registration
Location: 24° 44.040 (N) / 81 ° 00.501 (W)
Disposal: Landfill
25) FWSB -I6- OFF - 004785
Description: Blue 31' Cabin Cruiser, FL8472NB
Location: 24° 42.3036 (N) / 81 ° 21.75102 (W)
Disposal: Landfill
26) FWSB -I6- OFF - 004841
Description: Blue 22' open vessel, no registration
Location: 25° 13.632 (N) / 80° 25.80198 (W)
Disposal: Landfill
27) FWSB -I6- OFF - 005184
Description: White 30' Cabin Cruiser, no registration
Location: 24° 50.358 (N) / 80° 47.628 (W)
Disposal: Landfill
28) FWSB -I6- OFF -005185
Description: White 18' speedboat, no registration
Location: 24° 50.358 (N) / 80 47.628 (W)
Disposal: Landfill
29) FWSB -I6- OFF - 005189
Description: Red 16' Ski boat, unknown registration
Location: 24° 44.910 (1) / 80° 58.680 (W)
Disposal: Landfill
30) FWSB -I6- OFF - 005568
Description: White and Blue 22' Catamaran Cruiser, FL8878GM
Location: 24° 41.454 (N) / 81 ° 24.282 (W)
Disposal: Landfill
31) FWSB -I6- OFF - 005618
Description: Blue 20' open fishing vessel, no registration
Location: 24° 38,50398 (N) / 81° 29.097
Disposal: Landfill
Version 1.0 — June 2013 Page 4 of 9
Attachment A — SCOPE OF WORK
Project Name: I Monroe County Derelict Vessel Removal FWC Contract No. I FWC -16107
32) FWSB -I6- OFF - 005634
Description: White 22' Sailboat, FL5219CB
Location: 24° 34.90002 (N) / 81° 38.772 (W)
Disposal: Landfill
33) FWSB -I6- OFF - 007211
Description: White and Black 20' ski boat, FL4554GE
Location: 24° 42.636 (1) / 81 ° 21.978 (W)
Disposal: Landfill
34) FWSB -I6- OFF - 007212
Description: White 30' Cabin Cruiser, HIM APL0047IC877
Location: 24° 42.660 (N) / 81 ° 21.936 (W)
Disposal: Landfill
35) FWSB -I6- OFF - 007214
Description: Blue 16' runabout, no registration
Location: 24° 42.618 (N) / 81 ° 22.014 (W)
Disposal: Landfill
36) FWSB -I6- OFF - 007216
Description: White 30' fishing vessel, no registration
Location: 24° 42.62142 (1) / 81° 22.0563 (W)
Disposal: Landfill
37) FWSB -I6- OFF - 007218
Description: White 20' Bow rider, unknown registration
Location: 24° 43.194 (N) / 81 ° 22.602 (W)
Disposal: Landfill
38) FWSB -I6- OFF - 008366
Description: White 21' Sailboat, unknown registration
Location: 25° 21.07002 (N) / 80° 15.51402 (W)
Disposal: Landfill
39) FWSB -I6- OFF - 008367
Description: White 15' open fishing vessel, unknown registration
Location: 25° 21.072 (N) / 80° 15.50898 (W)
Disposal: Landfill
40) FWSB -I6- OFF - 008368
Description: Silver 21' Steel Barge, no registration
Location: 25° 21.09498 (N) / 80° 15.55998 (W)
Disposal: Landfill
Version 1.0 -- June 2013 Page 5 of 9
Attachment A — SCOPE OF WORK
Pro'ect Name: i Monroe County Derelict Vessel Removal I FWC Contract No. FWC- 16107
41) FWSB -I6- OFF -008369
Description: White 15' dinghy, no registration
Location: 25° 21.10098 (N) / 80° 15.57498 (W)
Disposal: Landfill
42) FWSB -I6- OFF - 008529
Description: White 20' Runabout, no registration
Location: 24° 39.726 (N) / 81 ° 26.394 (W)
Disposal: Landfill
43) FWSB -I6- OFF -008531
Description: White 20' runabout, no registration
Location: 24° 39.744 (1) / 81 ° 26.48598 (W)
Disposal: Landfill
44) FWSB -I6- OFF - 008533
Description: White 15' runabout, no registration
Location: 24° 39.43998 (N) / 8 V 26.406 (W)
Disposal: Landfill
45) FWSB -I6 -OFF- 008536
Description: Red 20' Sailboat, no registration
Location: 24° 36.312 (1) / 81° 40.494 (W)
Disposal: Landfill
46) FWSB -I6- OFF - 008538
Description: White 25' power boat, no registration
Location: 24° 36.354 (N) / 81 40.470 (W)
Disposal: Landfill
47) FWSB -I6- OFF - 008541
Description: Brown 60' fishing trawler
Location: 25° 00.76002 (N) / 80° 61.33098 (W)
Disposal: Landfill
48) FWSB -I6- OFF - 009749
Description: White 23' sailboat, no registration
Location: 25° 00.760 (N) / 80° 31.283 (W)
Disposal: Landfill
49) Monroe County Sheriffs Office 16 -1984
Description: White 30' Sailboat, no registration
Location: 24° 43.35102 (N) / 81° 22.48302 (W)
Disposal: Landfill
Version 1.0 — June 2013 Page 6 of 9
Attachment A — SCOPE OF WORK
Project Name: Monroe County Derelict Vessel Removal FWC Contract No. FWC- 16107
50) Monroe County Sheriff's Office 16 -05118
Description: Brown 13' Powerboat, no registration
Location: 24° 34.30002 (N) f 81 ° 43.674 (W)
Disposal: Landfill
FINANCIAL CONSEQUENCES
The Commission may restrict payment of any or all costs 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. The final project inspection will be done by a Commission
officer verifying that the entire vessel for each task has been removed according to the project plan.
Failure of Grantee to have all receipts and evidence of project performance delivered to FWC on or
before May 31, 2017, before close of business may jeopardize payment of funds to the Grantee per
the agreement.
3. PERFORMANCE
A. Acceptance of Agreement: The Grantee will accept the agreement and have it signed and
returned to the Commission within 30 days of receipt. Failure to have the agreement returned
within the specified time will render the agreement null and void. In some cases, the
Commission will allow a modified return time with prior notice and approval from the
Commission's Contract Manager.
B. Commencement of Work: The Grantee shall commence work on the overall project as soon
as notified by the Commission of the agreement execution. Failure by the Grantee to execute
the work within 60 days of agreement execution shall result in the agreement being null and
void, unless prior approval for a delay is granted by the Commission's Contract Manager.
C. Procurement: The Grantee shall procure goods and services through a competitive
solicitation process in accordance with Chapter 287, Florida Statutes. The Grantee has
already included in the application the quote provided by the contractor chosen for the task
and the Commission will not pay to the Grantee any more than 75 percent of the quoted price
for each task or 75 percent of the actual cost if less than the quoted price. The Grantee will
insure that the selected contractor has adequate insurance and is qualified to do the work. A
copy of the state's Derelict Vessel Removal Best Management Practices, attached as Exhibit
E, will provide guidance as to whether or not the selected contractor is qualified to do the
work.
D. Closeout: Final receipts with required evidence of completion will be received by the
Commission's Contract Manager no later than May 31, 2017.
Version 1.0 -- June 2013 Page 7 of 9
Attachment A — SCOPE OF WORK
Project Name: Monroe County Derelict Vessel Removal FWC Contract No. FWC -16107
4. COMPENSATION AND PAYMENT
A. Compensation: For satisfactory completion of the tasks 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 $165,183.75. The Grantee shall be
reimbursed only for budgeted expenses that are directly related to the removal and disposal of
vessels within the project.
B. Cost Share: The Grantee agrees to provide 25°x'0 of the total cost of the project as indicated in
the FWC Derelict Vessel Removal Grant Guidelines. The total compensation by the
Commission shall be $165,183.75 or 75% of the total cost for the project whichever is less.
C. Salvage Value: The Grantee shall be entitled to the salvage value of any grant- designated
derelict vessel or any part(s) or accessories thereof, not used in the construction of a
permitted artificial reef site, excluding the hull. 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. Vessel hulls must be destroyed and not salvaged in whole. All salvaged materials
from such vessels must be removed from the vessels before being sold for salvage. By law,
such salvage values must offset the cost of removal to be allowed.
D. Forms and Documentation: The Grantee shall be reimbursed on a cost reimbursement basis
in accordance with the Cost Reimbursement Contract Payment Requirements, attached hereto
and made a part hereof as Attachment H.
The request for reimbursement shall include an invoice in a format similar to Attachment D,
Sample Invoice Form, which shall include the FWC Agreement Number, the Grantee's
Federal Employer Identification (FEID) Number, and the dates of service. The invoice shall
be accompanied by Attachment G: Certificate of Completion, 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.
5. 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 in its sole discretion determines that the Grantee failed to
meet any of the terms or 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 achieve 100% compliance with all of the terms and conditions of this
Agreement or failure to correct the deficiencies identified in a notice identifying deficiencies
within the time frame specified may result in delays in payment or termination of this
Agreement in accordance with the terms of the Agreement.
B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable,
during the removal of project vessels. The Grantee shall notify the Commission's Contract
Manager when the Project has reached substantial completion so that inspection may occur in
Version 1.0 — June 2013 Page 8 of 9
Attachment A — SCOPE OF WORK
Project Name: I Monroe County Derelict Vessel Removal I FWC Contract No. FWC- 16107
a timefiame allowing for the timely submission and processing of the final invoice. The
Commission's Contract 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. All derelict vessel removal sites will be inspected by a Commission
officer to verify the complete removal of the vessel as described in the Agreement.
C. Project Progress Reports: The Grantee shall submit to the Commission, on a monthly basis,
project progress reports outlining the progress of the project, and identifying any problems that
may have arisen and actions taken to correct such problems. Such reports shall be submitted
on the Project Monthly Progress Report Form attached hereto and made a part hereof as
Attachment F. Reports are due to the Commission's Contract Manager by the 15 of the month
immediately following the reporting period until the Certificate of Completion is submitted.
D. Best Management Practices: The Grantee shall ensure that the contractor chosen to complete
the tasks as indicated in this Scope of Work are both able and instructed to follow state Derelict
Vessel Removal Best Management Practices (BMPs), (Attachment E). Failure to follow these
BMPs may subject both the contractor and the Grantee to State or Federal fines and penalties
if it is shown that these practices were not followed.
E. Certificate of Completion: Upon completion of the Project, the Contract Manager for the
Grantee shall sign a Certificate of Completion form, Attachment G, attached hereto and made
a part hereof, that certifies the project was completed in accordance with this Scope of Work
and the Agreement.
6. INTELLECTUAL PROPERTY RIGHTS
No additional requirements. Refer to Section 13 of the Agreement.
7. SUBCONTRACTS
No additional requirements. Refer to Section 15 of the Agreement.
& INSURANCE
No additional requirements. Refer to Section 17 of the Agreement.
9. SECURITY AND CONFIDENTIALITY
No additional requirements. Refer to Section 20 of the Agreement.
10. RECORD KEEPING REQUIREMENTS
No additional requirements. Refer to Section 22 of the Agreement.
11. NON - EXPENDABLE PROPERTY
No additional requirements. Refer to Section 13 of the Agreement.
12. PURCHASE OR IMPROVEMENT OF REAL PROPERTY
No additional requirements. Refer to Section 13 of the Agreement.
Version 1.0 —June 2013 Page 9 of 9
FWC Agreement No. FWC -16107
Attachment B
CERTIFICATIONS AND ASSURANCES
The Commission will not enter this Agreement unless Grantee completes, signs and returns to the
Commission, the CERTIFICATIONS AND ASSURANCES contained in this Attachment. In performance
of this Agreement, Grantee, through its duly authorized representative, certifies that it has read and provides
the certifications and assurances below; and acknowledges it has an ongoing obligation to give written
notice to the Commission, within a reasonable time, following any change in status regarding these
certifications and assurances.
Part I: State Certifications and Assurances.
If this Agreement is supported by State funding,
then the following Certifications and Assurances apply.
A. Interested State Employees, Chapter 112, F.S. Grantee certifies to the best of its knowledge, that
none of its officers, directors, employees or other agents is also an employee of the State of Florida
who owns, directly or indirectly, an interest of five percent (510) or more in the Grantee or its affiliates.
B. Conflict of Interest, Section 200.112, OMB Uniform Guidance (2 CFR 200). If this Agreement
includes a Federal award, Grantee certifies that neither it, its principals, or agents, have a conflict of
interest with either the Commission or the Federal awarding agency.
C. Convicted Vendors, Section 287.133, F.S. Grantee certifies that it, its principals, recipients,
subrecipients, contractors, and subcontractors, are not on the Convicted Vendors List as maintained by
the Department of Management Services, pursuant to Section 287.133(3)(d), F.S.
D. Scrutinized Companies List, Sections 287.135 and 215.473, F.S. U this Agreement is in the amount
of $1 million or more, Grantee certifies that to the best of its knowledge, it, its principals, recipients,
subrecipients, contractors, and subcontractors are not:
a. On the Scrutinized Companies with Activities in Sudan List;
b. On the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or -
c. Engaged with business operations in Cuba or Syria.
E. Discriminatory Vendors, Section 287.134, F.S. Grantee certifies that it, its principals, recipients,
subrecipients, contractors and subcontractors are not on the Discriminatory Vendors List maintained
by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S.
F. Litigation, Investigations, Arbitration, or Administrative Proceedings. Grantee certifies that it, its
principals and agents, are not engaged in any civil or criminal litigation investigations, arbitration, or
administrative proceedings relating to or affecting the Grantee's ability to perform under this
Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment B rev.6.15.15 Page 1 of 4
FWC Agreement No. FWC -16107
Part I1: Federal Certifications and Assurances.
If this Agreement is supported by Federal funding,
then the following Certifications and Assurances apply.
A. Equal Employment Opportunity. Grantee certifies that to the best of its knowledge, it, its
principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the
Equal Employment Opportunity requirements contained in 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).
B. Davis -Bacon Act. Grantee certifies that to the best of its knowledge, it, its principals, agents,
recipients, subrecipients, contractors and subcontractors, are in compliance with the Davis -Bacon Act
40 U.S.C. 3141 -3148, as supplemented by Department of Labor regulations at 29 CFR Part 5.
C. Copeland "Anti- Kickback Act. Grantee certifies that to the best of its knowledge, it, its principals,
agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the Copeland
"Anti- Kickback" Act, 40 U.S.C. 3141 -3148, and 3146 -3148, as supplemented by Department of Labor
regulations (29 CFR Part 5).
D. Contract Work Hours and Safety Standards Act. Grantee certifies that to the best of its
knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in
compliance with the Contract Work House and Safety Standards Act, Sections 103 and 107 of the
Agreement Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by
Department of Labor regulations (29 CFR part 5).
E. Rights to Inventions Made Under a Contract or Agreement. Grantee assures that it, its principals,
agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of
the "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements ", 37 CFR Part 401.
F. Clean Air Act and Water Pollution Control Act. Grantee assures that it, its principals, agents,
recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the
Clean Air Act, 42 U.S.C. 7401- 7671q, and the Water Pollution Control Act, 33 U.S.C. 1251 -1387, as
amended.
G. Energy Efficiency. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors
and subcontractors, will comply with the requirements of the 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.
H. Drug -Free Workplace. Grantee assures that it, its principals, agents, recipients, subrecipients,
contractors and subcontractors, will comply with the requirements of the Drug -Free Workplace Act of
1988, and its implementing regulations codified at 29 CFR Part 94.
a. 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.
Attachment B rev.6.15.15 Page 2 of 4
FWC Agreement No. FWC -16107
2. Establishing an ongoing drug -free awareness program to inform employees concerning:
i. The dangers of drug abuse in the workplace.
ii. The policy of maintaining a drug -free workplace.
iii. Any available drug counseling, rehabilitation and employee assistance programs.
iv. 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 Part II, H.a.l of this
certification.
4. Notifying the employee in the statement required by paragraph Part II, H.a.1 of this
certification that, as a condition of employment under the Agreement, the employee will:
i. Abide by the terms of the statement.
ii. 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 Part II, H.a.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 Part II, H.a.4.b. herein, with respect to any employee who is so
convicted:
i. 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.
ii. 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.
b. 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.
I. Trafficking Victims Protection Act of 2000. Grantee assures that it, its principals, agents, recipients,
subrecipients, contractors and subcontractors, will comply with the requirements of the Trafficking
Victims Protection Act of 2000, as amended, 22 U.S. C. 7104(g), 2 CFR 175.15.
Attachment B rev.6.15.15 Page 3 of 4
FWC Agreement No. FWC -16107
J. Debarment and Suspension. In accordance with Federal Executive Order 12549, Debarment and
Suspension, the Grantee certifies that neither it, nor its principals, or agents, 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.
K. Prohibition against Lobbying. If Grantee is unable to certify to any of the statements in this
certification, Grantee shall attach an explanation to this Agreement.
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. If any non - federal funds
are used for lobbying activities as described above in connection with this Agreement, the
Grantee shall submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", and shall
file quarterly updates of any material changes. 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 wan that it does not, and will
not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract.
L. Lacey Act; Magnuson - Stevens Fishery Conservation and Management Act; Migratory Bird
Treaty Act; and Endangered Species Act. Grantee certifies that to the best of its knowledge, it, its
principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with, and
gives its assurance that said parties will continue to remain in compliance with the Lacey Act, 16 U.S.C,
3371 -3378; Magnuson- Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 -1884;
Migratory Bird Treaty Act, 16 U.S.C. 703 -712; and Endangered Species Act, 16 U.S.C. 1531, et seq.
By signing below, Grantee certifies the representations outlined above are true and correct.
m
Attachment B rev.6.15.15 Page 4 of 4
FWC Agreement No: 16107
Attachment C
AUDIT REQUIREMENTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission
(Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described
in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award,
then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both
State and Federal funds, then all provisions apply.
MONITORING
In addition to reviews of audits conducted in accordance with Sections 200.500- 200.521, Uniform
Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as
revised, hereinafter "OMB Uniform Guidance" 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 Section 200.331, OMB Uniform Guidance and/or
other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any
monitoring procedures /processes deemed appropriate by the Commission. The Grantee 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. If this Agreement includes a Federal award, then the following
provisions apply:
A. This part is applicable if the Grantee is a State or local government or a non - profit organization as
defined in Sections 200.90, 200.64, or 200.70, respectively, OMB Uniform Guidance.
B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or
program - specific audit conducted in accordance with the provisions of the Federal Single Audit Act of
1996 and Sections 200.500- 200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment
indicates Federal resources awarded through the Commission by this Agreement. In determining the
Federal awards expended in its fiscal year, the Grantee 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 Sections 200.500- 200.521,
OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB
Uniform Guidance, will meet the requirements of this part.
C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall
fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB
Uniform Guidance. 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. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of Sections 200.500 - 200.521, OMB Uniform Guidance, is not required. In the event that
the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
Attachment C rev.6.15.15 Page 1 of 4
FWC Agreement No: 16107
December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Sections 200.500- 200.521, OMB Uniform Guidance, the cost of the
audit must be paid from non- Federal resources (i.e., the cost of such an audit must be paid from Grantee
resources obtained from other than Federal entities).
E. Such audits shall cover the entire Grantee'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 Sections 200.500- 200.521, OMB
Uniform Guidance audit reports.
F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, 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.
G. If the Grantee expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of Sections 200.500- 200.521, OMB Uniform Guidance, is not required.
In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Sections 200.500- 200.521, OMB
Uniform Guidance, 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 Grantee's resources obtained from other -than Federal entities).
H. A web site that provides links to several Federal Single Audit Act resources can be found at:
hark
. Lt iS4# L rt ?S�fSit,,1 .E1C17t1
PART II: STATE FUNDED. If this Agreement includes State funding, then the following provisions
apply:
This part is applicable if the Grantee is a non -state entity as defined by Section 215.97, F.S., (the Florida
Single Audit Act).
A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess
of $500,000.00 in any fiscal year of such Grantee, the Grantee 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 Grantee 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 11, paragraph A herein, the Grantee 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.
Attachment C rev.6.15.15 Page 2 of 4
FWC Agreement No: 16107
C. If the Grantee expends less than $500,000.00 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 Grantee expends less than $500,000.00 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
Grantee's resources obtained from other -than State entities).
D. Additional information regarding the Florida Single Audit Act can be found at:
E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the
following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399 -1600
PART III: REPORT SUBMISSION
A. Copies of reporting packages, to include any management letter issued by the auditor, for audits
conducted in accordance with Sections 200.500- 200.521, OMB Uniform Guidance, and required by
Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the
following at the address indicated:
I. 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 Section 200.512, OMB Uniform Guidance (the
reporting package required by Section 200.512, OMB Uniform Guidance, 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 Section 200.512, OMB
Uniform Guidance.
B. Copies of audit reports for audits conducted in accordance with Sections 200,500- 200.521, OMB
Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the
audit report, indicate the date that the Grantee received the audit report): copies of the reporting
Attachment C rev.6.15.15 Page 3 of 4
FWC Agreement No: 16107
package described in Section 200.512, OMB Uniform Guidance, 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 11 of this Attachment, including any
management letters issued by the auditor, shall be submitted by or on behalf of the Grantee
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
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 Sections 200.500 - 200.521,
OMB Uniform Guidance, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for - profit organizations), Rules of the Auditor General, as applicable.
Grantees and sub - Grantees, when submitting financial reporting packages to the Commission for audits
done in accordance with Sections 200.500- 200.521, OMB Uniform Guidance, 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 Grantee/sub-Grantee
in correspondence accompanying the reporting package.
- End of Attachment C —
Attachment C rev.6. l 5.l 5 Page 4 of 4
FWC Agreement No: 16107
Exhibit 1
FEDERAL AND STATE FUNDING DETAIL
FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
.m - Federal>Program(s) Funds
CFDA #
CF Title
Amou
77005
FWC Derelict Vessel Removal Grant Pro
$165,183.75
Total State Awards
Total Federal Awards
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Feder Program s�omliance Requirements
CFDA #
C ompliance Requirem
Am ount
77005
FWC Derelict Vessel Removal Grant Pro
$165,183.75
STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Mate Pr °ect
CSFA #
CSFA T itle
Am ount
77005
FWC Derelict Vessel Removal Grant Pro
$165,183.75
Total State Awards
$165,183.75
Fxhibit 1 rev6.15.15 Page 1 oft
FWC Agreement No: 16107
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Sta Pro ec s 'om trance K "MIrClUe BU.
CSFA # Compliance R equireme nts
77005 Must adhere to FWC Derelict Vessel Removal Grant Program Guidelines
(June 2016)
NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), 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 Grantee.
- End of EXHIBIT 1-
Exhibit 1 rev6.15.15 Page 2 of 2
FWC Contract No. FWC -16107
Billed to:
Fish and Wildlife Conservation Commission
FWC Derelict Vessel Removal Grant Program
620 South Meridian Street
Tallahassee, Florida 32399 -1600
Remit payment to:
Grantee:
FEID #:
Address:
INVOICE
PROJECT COSTS:
Attachment #D
Invoice No.
Invoice Date: _
FWC Contract #: FWC -16107
Amount of Grant Award: St' t'' 71
Billing Period/Dates of Service:
From:
To.
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
F_
$
$
S
$
$
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:
Project Manager
Page 1 of 2
Date:
Attachment E
Best Management Practices for DV removal
Derelict Vessel Removal Process
Derelict vessels are existing impacts to the environment as well as boating safety
hazards, impediments to navigation, and esthetic nuisances. Typically these vessels
are found grounded on the edges of active waterways where they may have physical
impacts on benthic and shoreline communities. However, the impact of these vessels
is not limited to their immediate location. If left unattended, the influences of winds
and tides continue to push the boats causing greater impact as they become more
deeply mired into the environment. Early extraction of these vessels will avoid and
minimize the environmental impacts. In addition to these physical impacts resulting
from the movement of these vessel through the environment; there is the longterm
effect caused by their continued degradation and decay in the marine environment.
These vessels may be constructed of various materials, such as wood, steel,
aluminum, or fiberglass; each having varying degrees of resilience and can remain in
the marine environment for extended periods of time. With the progression of time;
the environmental impacts increase with the shading from the hull and displacement
of live bottom and emergent vegetative communities resulting from the expansion of
the debris field as the vessels disintegrates. The impacts resulting from the removal
of these vessels during any stage is less than the impacts caused by the long -term
presence of the vessel in the marine environment. Therefore the early detection and
removal of these abandoned and derelict vessels is the best means of minimizing the
individual or cumulative impacts to the environment.
Derelict Vessel Removal (FDEP) Permit Exemption
An Exemption under Florida Administrative Code Chapter 62- 330- 051(5)(g) by
Florida Department of Environmental Protection, has been established for the
removal of derelict vessels. Based on the presumption that the extraction of these
vessels from the marine environment will cause only minimal environmental impacts
and in turn avoid the long -term impacts resulting from the degradation of the vessel
at it current location. The environmental impacts are ameliorated by the application
of the best management practices referenced below.
Florida Administrative Code Chapter 62- 330 - 051(5)(9)
(g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal,
state, and local agencies, provided:
1. The derelict vessel case has been completed as specified in Section 705.103, F.S.,
and has been entered into the Statewide Derelict Vessel Database maintained by the
Florida Fish and Wildlife Conservation Commission;
2. All work is done in a manner that, to the greatest practicable extent, avoids
additional dredging or filling, grounding or dragging of vessels, and damage to
submerged resources such as seagrass beds, oyster beds, coral communities,
mangroves, other wetlands, and live bottom; and
3. An absorbent blanket or boom shall be immediately deployed on the surface of the
water around the derelict vessel if fuel, oil, or other free - floating pollutants are
observed during the work.
General Derelict Vessel Removal and Environmental Protection Best Management
Practices
The following best management practices (BMP's) will be employed by the marine
contractor during the removal of derelict vessels. These BMP's will be incorporated
into the contact for each vessel removal project. The marine contractor selected for
the project will be required to show proof of their ability to meeting the BMP
requirements with their contingency of equipment, staff and expertise in the removal
of derelict vessels.
Compliance with these BMP's will be monitored by the County and by local Florida
Fish and Wildlife Conservation Commission law enforcement officers. These BMP's
are as follows:
a. All Work Is To Meet The Following Requirements:
1. Operations are to be limited to daylight hours.
2. Operations are to be staged from an upland area.
3. All work is to be performed in a manner that avoids and /or
minimizes impacts to live bottom and other resource areas (e.g.,
seagrass beds, oyster beds, wetlands, mangroves, and other
sensitive habitats) while approaching, working in, and leaving the
derelict vessel site.
4. All work shall avoid impacts to manatees, sea turtles, and other
species listed by the state and federal government as threatened
or protected.
5. The Contractor will remove all contaminants and pollutants
includingfuels, batteries, paints, solvents, and engine from the
derelict vessel prior to extraction. Any contaminant or pollutant
found to be contained within a derelict vessel shall be removed by
the Contractor, placed in an approved container, and disposed of
properly. The placement of an absorbent blanket on the surface of
the water around the derelict vessel within the turbidity barrier is
required where free floating product (gas /oil) is observed.
6. The Contractor is to provide appropriate best management
practices (BMPs) approved by the Florida Department of
Environmental Protection for erosion control and turbidity
protection while each derelict vessel is being removed. In areas of
low to moderate currents, a Type 11 floating turbidity barrier will be
installed within a ten (10) foot radius of the vessel being removed
prior to starting any removal activities. The turbidity barrier shall be
anchored to the bottom of the waterway.
7. The Contractor is to provide appropriate BMPs for erosion control
and turbidity prevention around the vessels /barges being used to
remove the derelict vessel and around the perimeter of any upland
staging site (where necessary).
8. The Contractor is to monitor turbidity levels throughout removal
work.
9. In an effort to reduce turbidity, a crane, winch and /or approved
alternate method is to be used to raise the derelict vessel from the
water.
10. The Contractor will measure turbidity levels and allow them to
return to a level that is not in excess of 20 NTU's over initial
turbidity readings prior to removal of turbidity measures.
11. The dragging of vessels is to be avoided both on and off - shore. All
vessels /barges used in vessel removal shall continually monitor
water depths to avoid running aground.
12. The Contractor will load derelict vessels onto a barge and /or flat
bed truck (or similar) for proper disposal.
13. The Contractor is to photo- document all removals as described in
Item 6 below with pictures taken before, during and after removal.
The Contractor will provide a daily written report of all removal
activities.
b. For Derelict Vessels That Are Floating Or Lightly Aground:
1. The vessel is to be pumped out as needed and extracted (floated
out) during high water.
2. Following extraction, the vessel is to be towed from the grounded
location to a boat ramp or other removal point while avoiding
and /or minimizing impacts to live bottom areas.
c. For Derelict Vessels That Are Hard Aground:
1. The vessel is to be approached using shallow draft vessels.
2. The vessel is to be extracted using a crane from a shallow draft
deck barge, by hand using the best available tools, or similar
approach to minimize impacts to the site and surrounding areas.
d. For Derelict Vessels Sunken In Shallow Water:
1. Install and inflate flotation bags as needed.
2. Lift the vessel with barge mounted crane or similar equipment.
FWC Contract No. 16107 Attachment #F
FWC DERELICT VESSEL REMOVAL GRANT POGRAM
PROJECT PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee. FL 32399 -1600 or fax to (850) 488 -9284.
FWC Contract # 16107 Reporting Period (Month/Year):
(Due 15 days after the end of each month)
Grantee:
Project Title: Monroe Coun Derelict Vessel Removal Project _ _- __
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 May 31,2017?
Anticipated Completion Date:
YES ❑ NO ❑
(1f 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)
❑ Progress photographs
Project Manager
Print Name
Date
Phone
Page L of 1
FWC Contract No. FWC -16107
I, Celia Hitchins,
Attachment G
Representing Monroe County Board of County Commissioners, Office of Marine Resources, do
hereby certify that the FWC Derelict Vessel Removal Grant Program project funded by FWC
Contract No. FWC -16107 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:
Name:
Title:
Date:
FWC Contract No. 16107 Attachment H
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.