Item H06BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tern David Rice, District 4
l Danny L. Kolhage, District I
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: H.6
Agenda Item Summary #3033
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805
N/A
AGENDA ITEM WORDING: Approval of a Resolution authorizing the County Administrator to
approve work task orders that will be issued to one or more marine contractors already selected
through a Request for Qualification process, in excess of $50,000 (up to $100,500) under a newly
developed- Florida Fish and Wildlife Conservation Commission (FWC) grant funded Vessel Turn -In
Program (VTIP).
ITEM BACKGROUND:
During past discussions, the Board of County Commission has requested staff develop programs
whereby vessels can be removed from the water, before they become derelict, and Monroe County
(County) has to fund costly derelict vessel removals after a vessel has sunken.
In 2016, the Florida Fish and Wildlife Conservation Commission (FWC) received a grant from the
Department of Environmental Protection (DEP) to establish a Vessel Turn -In Program (VTIP) in the
Florida Keys in coordination with the County. A grant agreement (Agreement) between the County
(as a sub - grantee to the DEP grant) and FWC was executed by the County Administrator on April
21, 2017 (as provided for under Resolution No. 267- 2007), providing for reimbursement funding to
the County for the removal of non - derelict vessels under the VTIP. No County match is required.
The grant has a very short time period (expiration is December 31, 2017). The VTIP will allow
eligible vessel owners to have their end -of -life anchored vessels removed and disposed by the
County utilizing up to $100,500 in grant funding provided under the (attached) FWC Agreement No.
16204 (Agreement). The VTIP is anticipated to reduce the number of derelict vessels Keys -wide by
providing an alternative to vessel abandonment.
Since the County only has until December 31, 2017 to expend the $100,500 and submit all grant
Agreement deliverables, it is anticipated that the Marine Resources Office may hire a single marine
contractor to perform the vessel removals and disposals during a single VTlP event. In order to
perform the work outlined in the Agreement and expedite task orders and subsequent vessel
removals and disposals, particularly due to the compressed timeline of the VTIP Agreement with
FWC, additional purchasing authority is necessary to provide for the solicitations and purchasing
level and signatory authority. The Marine Resources Office will bid the work to the Marine
Contractors already selected under a Request for Qualification process who have done County work
in the past.
Staff has provided a Resolution (attached): 1) authorizing the Marine Resources Office to request
quotes for vessel removals and disposals anticipated to exceed $50,000, and 2) authorizing the
County Administrator purchasing level and signatory authority up to the full grant ($100,500)
reimbursement amount, for work provided for in the applicable VTIP Agreement.
The current VTIP Agreement is for the first year of what is anticipated to be a five -year program.
The resolution will provide the necessary purchasing authority for the current year and subsequent
years as applicable.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FWC VTIP Agreement No. 16204
Resolution providing additional purchasing authority
FINANCIAL IMPACT:
Effective Date: upon execution by the Board of County Commissioners
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed
Assistant County Administrator Christine Hurley
06/05/2017 3:39 PM
Peter Morris
Completed
Jaclyn Carnago
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
06/05/2017 2:38 PM
Completed
06/05/2017 4:24 PM
06/06/2017 10:48 AM
06/06/2017 10:49 AM
06/06/2017 10:51 AM
06/06/2017 11:51 AM
06/21/2017 9:00 AM
FWC Agreement No. 1620
STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION CONUVIISSION � .
AGREEMENT No. 16204
....
CFDA Title(s): Coastal Zone Management Administration CFDA No(s).: 11.419
Award
Name of Federal Agency(s): National Oceanic and Atmospheric Administration
Federal Award No(s): CM720 Federal Award Year(s): 2016 / 2017
Federal Award Name(s): Florida Keys Vessel Turn In Program
CSFA Title(s).: N/A CSFA No(s).: N/A
State Award No(s).: N/A State Award Year(s): N/A
State .Award Name(s): N/A
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 Board of County Commissioners, Office of Marine Resources, FEED # 59600749, whose address
is 2798 Overseas Highway, Suite 420, Marathon, Florida 33050, hereinafter "Grantee."
WHEREAS, the Commission and Grantee have partnered together to develop and implement the Florida
Keys Vessel Turn In Program ( FKVTIP) which is a program designed as a preventative measure to vessels
becoming derelict on the public waters of the state; and,
WHEREAS, Grantee has been awarded FWC -16204 FKVTIP Agreement; 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.
GRANT GOV ERNMENTAL ENTITY Ver. 01/2017 P Packet Pg. 1527
FWC Agreement No. 1620
2. MFORNIANCE.
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 12/31/2017. 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 03/01/2017. For this agreement, the
retroactive start date was 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, pre -award 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.
d" COMPENSATION AND PAYMENTS.
, 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 $100,500.00.
B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks
identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon
submission of invoices, accompanied by supporting documentation sufficient to justify invoiced
expenses or fees, and after acceptance of services and deliverables in writing by the
Commission's Grant Manager identified in Paragraph eleven (11), below. Unless otherwise
specified in the Scope of Work, invoices shall be due monthly, commencing from the start date of
this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were
provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise
specified in the Scope of Work, a final invoice shall be submitted to the Commission no later than
forty -five (45) days following the expiration date of this Agreement to assure the availability of
funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only
GRANT - GOVERNMENTAL ENTITY Ver. 01/2017 P Packet Pg. 1528
FWC Agreement No. 1620
reimburse the Grantee for allowable costs resulting from obligations incurred during the
agreement period specified in Paragraph three (3).
Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's
1 a� -r$I 1= X71 1rrjE. ,r. lcl� ar9.�li `;tic,7 (Fl l[)) i°`�urnbk In voiccy',�, %, %,- Jh stipl ollirs) CIOC 111 0`it tif?n rrra}
be Submitted tlt. t'onicz so to the ,sttk'- aafi+rrri ;.ri tltil. C' a�rra�iw;ir�n' tl. ao�t "sEl'tnaryy i° idenlifnct in
Pu tm?ntl. c.k, "Ven (11), bc[oa , if srubnlinirlj hal:(.l rin original and tw - t (2) ct,hi(, of €hrv,
iirti ,iv r:. l)lus all . shaall [)�2 ubma wd. All bills for riin0u[Its Cluj: t.ar7t1CI
this Agr errciA shall be su in.ii.[ d [n detail stillicieng for bi proper pre -a,ii & ;and pest audit
1hercols (.3ryt�dle ack11+.1��'l dpi -� that th,� r�.'�.}Il:'nii ion � Gyi, "`aw N- lana'Lk:a shall r� "� cr, invoic
lacking documentation necessary to justify invoiced expenses.
1). Match. Pursuant to grant program guidelines, the Grantee is not required to contribute non-
federal match towards this Agreement. If applicable, details regarding specific match
requirements are included in Attachment A, Scope of Work.
F. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be
reimbursed in accordance with Section 112.061, F.S.
1` 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.
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,
unless 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 Grantee 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.
1. 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:
GRANT - G OVERNMENTAL ENTITY Ver. 01/2017 P Packet Pg. 1529
FWC Agreement No. 162
http://www.fldfs.conVaadir/direct—deposit web /Vendors.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.
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.
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 RECOUPMENT OF FUNDS.
3n Overpayment to Grantee. Pursuant to Section 215.971(1)(e) &(f), F.S., the Grantee shall return
to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the
terms of this Agreement that were disbursed to Grantee by the Commission. In the event that the
Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall
repay said overpayment within forty (40) calendar days without prior notification from the
Commission. In the event that the Commission first discovers an overpayment has been made,
the Commission will notify the Grantee in writing. Should repayment not be made in a timely
manner, the Commission shall be entitled to charge interest at the lawful rate of interest
established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40)
calendar days after the date of notification or discovery. Refunds should be sent to the
Commission's Grant Manager, and made payable to the "The Florida Fish and Wildlife
Conservation Commission."
B. Additional Costs or Monetary Loss Resulting from Grantee Non - Compliance. If the
Grantee's non - compliance with any provision of the Agreement results in additional cost or
monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the
Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement
or any other agreement between Grantee and the Commission. In the event that the discovery of
this cost or loss arises when no monies are available under this Agreement or any other agreement
between the Grantee and the Commission, the Grantee will repay such cost or loss in full to the
Commission within thirty (30) days of the date of notice of the amount owed, unless the
Commission agrees, in writing, to an alternative timeframe. If the Grantee is unable to repay any
cost or loss to the Commission, the Commission shall notify the State of Florida, Department of
Financial Services, for resolution pursuant to Section 17.0415, F.S.
7. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN.
A. Commission Exempt from Taxes. 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 nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any
questions regarding this tax exemption should be addressed to the Commission Grant Manager.
GRANT - GOVERNMENTAL ENTITY Ver. 01/2017
FWC Agreement No. 162
B. Property Exempt from Lien. 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.
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 Termination. The Commission may unilaterally terminate this Agreement for
convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent
to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits.
The Grantee may request termination of the Agreement for convenience.
B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in
the event of fraud or willful misconduct. In the event of such termination, the Commission shall
provide the Grantee with written notice of termination.
C. Termination — Other. The Commission may terminate this Agreement if the Grantee fails to:
1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within
the time specified by the Agreement or extension; 3.) maintain adequate progress, thus
endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or
licensing requirement. Rule 60A- 1.006(3), F.A.C., governs the procedure and consequences for
default. The rights and remedies of the Commission in this clause are in addition to any other
rights and remedies provided by law or under the Agreement. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
D. Termination - Funds Unavailability. In the event funds to finance this Agreement become
unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or
redirected, the Commission may terminate this Agreement upon no less than twenty -four (24)
hours' notice in writing to the Grantee. Said notice shall be delivered by certified mail, return
receipt requested or in person with proof of delivery. The Commission shall be the final authority
as to the availability of funds and will not reallocate funds appropriated for this Agreement to
another program thus causing "lack of funds." In the event of termination of this Agreement
under this provision, the Grantee will be compensated for any work satisfactorily completed and
any non - cancellable obligations properly incurred prior to notification of termination.
E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of
termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all
activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly
render to the Commission all property belonging to the Commission. For the purposes of this
section, property belonging to the Commission shall include, but shall not be limited to, all books
and records kept on behalf of the Commission.
GRANT - GOVERNMENTAL ENTITY Ver. 01/2017
FWC Agreement No. 1620
11.
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
14!V, °I ol �O to be pt :- 1 l r[nd rllt rot ('valllatino the wlicce&Sful
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.
M 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
FWC Contract Manager
Florida Fish and Wildlife Commission
620 S. Meridian Street, Room 235
Tallahassee, Florida 32399 -1600
850 -517 -9540 Desk
850- 488 -9284 Fax
Phil.Horning @MyFWC.com
FOR THE GRANTEE:
Grant Manager
Celia Hitchins
FKVTIP Project Manager
Monroe County Office Of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
305- 289 -2580 Desk
305- 289 -2536 Fax
Hitchins -Celia @MonroeCounty- FL.gov
12 , AMENDMENT.
A� Waiver or Modirication. 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.
llv 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 wli.ich cause an increaso or decr e in the Grantee's cost or tir!'ac shErl:l
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.
GRA - G OVERNMENTAL ENTITY
Ver. 01/2017'P packet Pg. 1532
FWC Agreement No. 162
13. PROPERTY RIGIITS.
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.
i. 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.
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.
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 needed 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. `on I Property The following provisions apply to the extent that the grant allows the
a :rlaa� -Ition of non - expendable property.
GRANT - GOVERNMENTAL ENTITY Ver. 01/2017
FWC Agreement No. 1620
Non- L'xpendable ,Property Delined. Fol the recliurcli,"rits of this se°ctiorr. of 0'
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 (1) 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
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. The following provisions apply to the extent that the grant allows the
acquisition of 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
14. RELATIONSHIP OF THE PARTIES.
A. Independent Grantee. The Grantee shall perform as an independent grantee and not as an agent,
representative, or employee of the Commission. The Grantee covenants that it presently has no
interest and shall not acquire any interest that would conflict in any manner or degree with the
performance of services required. Each Party hereto covenants that there is no conflict of interest
or any other prohibited relationship between the Grantee and the Commission.
11 Grantee Training and Qualifications. Grantee agrees that all Grantee employees,
subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee
shall furnish a copy of technical certification or other proof of qualification.
C, Commission Security. All employees, subcontractors, or agents performing work under the
Agreement must comply with all security and administrative requirements of the Commission.
The Commission may conduct, and the Grantee shall cooperate in, a security background check
or otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The
Commission may refuse access to, or require replacement of, any personnel for cause, including,
but not limited to, technical or training qualifications, quality of work, change in security status,
or non - compliance with the Commission's other requirements. Such refusal shall not relieve
Grantee of its obligation to perform all work in compliance with the Agreement. The
GRANT - GOVERNMENTAL ENTITY Ver. 01/2017
FWC Agreement No. 1620
Commission, in coordination with the Grantee, may reject and bar from any facility for cause any
of Grantee's employees, subcontractors, or agents.
1. 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.
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.
.1.5. SUBCONTRACTS.
A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following
terms and conditions apply. The Grantee shall ensure, and provide assurances to the Commission
rrpoll recluc -�,t, that any --,,iJ cted for wc4 jrk rider tlu. Agreern - un h [hy.
'lkl�rlrll4; rtl4)Tr and abrlrtics tot 1.A'I "torill in ar °c.orcl-rllc`,c< Witb tlle terms - arld condifio oC this Agrcctl r: n1,
] t narttee 11111st pry v the CoNninis,siou with the, r.tarlle:s (.)f any SubconUric,toar con i&ivd jor work
Ulider this Ak'rrv''c tlw C orurn l ission rn voor dirrtirtr`oii vJ01 the (7r , res rvcs the right to rcjk,4.t arty
sr� airarltr"aetor, '1 Itc Giar mu_ agrees to be resI. ibr" all: performed and all incrrn
with the pro cct. Any siibcorai;r ct wrran merits must be evidenced by a ��fritk doe�Lrnle:rrrt tr�.�il;rl�las u
the Conunissi011 rrp0 1 t lrrest. The t.7ralaoc fur'tller agrees flit;$ the. Cclnwriassion shall riot b� liable to
the exu:, rru, allowed by ]MV, (0 Ally su13c01Aractor for ring° expeara:ses or habrlltWs incurred erlad�P tht'
srrbconirict and the (i , ri ,shall be, ,solely fiable. trr the SUbCow,vactor for all expenses and liabilitiees
incurred under the subcontract.
B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above,
Grantee agrees to make payments to the subcontractor upon completion of work and submitted invoice
in accordance with the contract between the Grantee and subcontractor. Failure to make payment
pursuant to any subcontract will result in a penalty charged against Grantee and paid to the
subcontractor in the amount of one -half of one 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 in coordination with
Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose
qualifications or performance, in the Commission's judgment, are insufficient.
D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A
above, the Grantee agrees to take such actions as may be necessary to ensure that each subcontractor
will be deemed to be an independent contractor and will not be considered or permitted to be an agent,
servant, joint venturer, or partner of the State of Florida.
16. MANDATORY DISCLOSURE.
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
GRANT - GOVERNMENTAL ENTITY Ver. 01/2017
FWC Agreement No. 162
agent who is affiliated with this project and an employee of the State of Florida. 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.
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 myflorid,t com/business operations /state purchasing /vendor information/co
n victed suspended discriminatory—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,
GRANT - GOVERNMENTAL ENTITY Ver. 01/2017 Pa Packet Pg. 1536
FWC Agreement No. 162
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 mull and void to the extent no longer authorized.
D. Di""Crinllllat ry velrrlon. Gral:llee 01111 KI L[IC t.Orlimi's,tiif)m In wJihr II
�UblC •II) C(M]Lractor, or sr11x,.,0 raCLt:lr are oi) the.. D1so irnin Vl-n(Jor 1JA rivii11U 6rted by
IIi;�' 1 "Icirid"t Dvp "lrnlir :ll of °\Iamolnlcr1t SLrvices pJ11 "srtz?r11 ti+ e Lt,`1i 511 287,13 ,K(d), [`-S. "An
enlily or affili „its: Who has been pl la...;rl k, the, discrinlin - ilory venrlar Ili;[ 1-iltay ra Kibrrr l: a l [d,
proposal, or reply rlll it contrzict to provide any s'r?od or ser' "°lees If, a public, cntrty; rn y 111[
sl.11 lzzit a bid,. propos „,;l, or reply r:.ln a corttract with a pubkc (rihly for the v °0rV1,ArLK1i0J) or I'4I)aii (11”
zl ]AIbiW h1lildillg OF pLlblic work, may not subi - nit, bids. proposals, or roplies on C4,t,s.s of real
property 10 rr Public, eIiO[y, may riot be pu�rluriri w as r con[rtrcr;or„ slil_7pher'.,
SLIT `(ln;lcK,101', 01' C011 Ull' It Lllltler` lr ("Ontr'act %A" .illy pmhllc ellhly,, ;1,1'i may not trarisact
business with any public entity.” Section 287.134(2)(x), F.S.
I?; Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings.
ThroughouL tic leril of the Atireertiem th(, Grtiawe. has a corl(ilitiirrp duty to promptly disclosc to
the Commission's Grant 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 or agents have not and will not
engage in conduct in performing services for the Commission which is similar in nature to the
conduct alleged in such Proceeding.
Ir.. 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.
The Grantee warrants and represents that it is insured, or self- insured for liability insurance, in accordance
with applicable state law and that such insurance or self - insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their employment
with the Grantee.
18. SPONSORSHIP.
As required by Section 286.25, F.S., if any recipient, subrecipient, contractor or subcontractor under this
grant 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 Coil:lmksioil." If the sporisor'ship reference is 'on, 'written material,
the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size
GRANT - G ENTITY Ver. 01/2017 Pa Packet Pg. 1537
FWC Agreement No. 162
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.
Aar 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.
Il. If the Contractor meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the
Contractor shall comply with the following:
i. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF THE CHAPTER 119, FLORIDA
STATUES, 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
ii. Keep and maintain public records required by the Commission to perform the
service.
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.
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
(tcstr°oy 4111 dLrplicatr. pLib1ir that rum txeFflfx 0r confirtcntial and exempt front
public: record 4 disctcrsaiv regtrirernents, If the Contra!�,tt:rr' keeps and maintains, public
Fi cc,ords upon orompletion of ihl�. Contract, ttie Contractor shall t,'nQet all ap pl icribl
regLrirerriems d'(lr rctainirig public records„ All records stored t-te :tronically° artist bl
provided to the Coin mission. upon rerlu.est fronr tho Conrrrni.ssioa's cint:odian of
pubtk - , nCoords, in a. forn)),t that is corral at.ible with the, informadon teCltrtology
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
GRANT - GOVERNMENTAL ENTI'T'Y Ver. 01/2017 Pa Packet Pg. 1538 i
FWC Agreement No. 1620
public records to the Commission within a reasonable time may be subject to
penalties under s. 119.10.
rtii. 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
arty lr!ll��l� i l��.rntabl� aitt��l n� , fti� � al 4 � �,
Y
a'I. `l ka c.'�" rfrL cl;".t .11rallr4.' tit•l_ the ..r.ri tllli. "ti r rrn1.1, `t'tarl refuwd ul t°on
the public records request within a reasonable time; and
t)° 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
Nas trot: collipliA Mill r,ht io tire. CofilWOSSion dil'irl t•:, the Carr, nal lorr,
A nollci complies i,l' it is sent tar tlrb" Comriussioil'.s custrarl.iaii of p r:
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. COOPERATION WITH INSPECTOR GENERAL.
l'L4;sr4:tr11t to subsection 2010' 5(51 F-S,, {.:°orvractor, and any ;subcontractor to the ( "'oltn (or, urtder'starid
rrlirl 5' "Ili L:C`lrlll7ly with tla %rl` duty to cooperal Svltli tkrir' lrr 1 t4bC t.lr"n';- ill i4ny lnvestrgration, audit.,
rrrsp , Lion; rrevriavw, o r Upo'll reques6 of the Inspector Geii ral or arty offie•r a talthorized State
dliciai, thaF Co >ntracLor shall provide any tylw- of irrforn),milon the lilspt, for (feiieral freers rrelcvant to ikre
Contr°ac3tor`% integrity or respoils°ibility, SrCIA ir`r orraltrtion may hicla,ade, but M-tall riot 1� limited tL), the
Contrtr4, or's business or finaricirrk records, &wrinlerrts, or files of any typ(, arr 113arin that refer to or ra_.ha.
wi the Agreernicnit° The Con tractor agrees to reir'ribur'se the S tate for'the reasonable casts of inve°stigatlion
rrlasur-red by the lilspcctrrr Gli ilcr°al or other authorized State- official for iris "estigP.0011s Of the (''otrt.r- actors
col'simrli:ance with Ih�: t,�:,ri s of tirrs air rind° otlr$. -r agre: bet���e +un th . Contr'€oorr and the State; which
r%sults in the suspension or d0 arni:n.t. of the ContnacL rr, Sm1i costs shall inClUdc, bUt Shall not be
limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness
and documentary fees.
21. SECURITY AND CONFII)ENTIALITY.
The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the
Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of
performing Grant work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its
personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant.
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
GRANT - GOVF E NTITY Ver. 01/2017 P
FWC Agreement No. 1620
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 ten (10) fiscal years following the close of this Contract, or the period
required for this particular type of project by the General Records Schedules maintained by the
Florida Department of State (available at: http://dos.myflorida.conVlibrary- archives /records-
management /general- records - schedules /), whichever is longer. Contractor shall cooperate with
the Commission to facilitate the duplication and transfer of such records upon the Commission's
request.
la.. 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.
1°'. Coil]pliatnce with l"ederal lAt iding Accountability atwr(l "l'ranspar en y. Any C`edc rttl funds awLardecl
untic °r this Agreeiticnl tt"iusi Comply with ll'tr. 1 edertil Funding Accountability arid 1ransptircnoy Act
F- FA'1`A) ol° 2006, The inteni, of tltt- 1 ATA. is Lo of pow,t, (,-very Aiii,,rican with lh(c rtbility to hold
the goo ertl9 -aunt - -1eCo111;:abJr,, for ez-ch spcndirt,,. dec sian. Thy. result is to rtdYE +;:C W,astcfttl sp(�uditag in
the government, The Fl "! TA lk`gislttt c r i riquit tlttlt itartornuation on federal awards, (fe-deral
�ilt ;lYYt,ts' =t1 as'sktatice and 4 xptendiLur s) t7c rna ck ava ik"'ble trb the public, vtut a ,single, .waaruhaablc
w ebsite 1�tt v,;1 /� w tw.1lS.GlSt L °rt ltit �. t tir. Grant r°c rpk --Iils a w lyderl is ttt liv Federal grant gt%' te-r 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.
23. FEDERAL AND FLORIDA SINGLE AUDIT ACT RE QUIREMENTS.
Patrsatrt:ni to CC'tc l kS.r , a Vicar J °c .ral) Vefldor / Recipierit 1 cter:niit tttit ti ("iaeckiisL, tl'e Grr, ti tee lim.; bocn
do.c<faiii d to be aa. rcc:iptern, of state ffi)anclal assistance attcu(K a subrec:ipieml or a fectenl, owm,d-
Thert_ fore, puFsttant to Section 215,' 7, F.S. 'am.Uo' t:l TM thliforan Guka,nc1e (2 Cf 200) the Girantee.
rii,ty IN! ';UbJ Ct to lltc^ aadlit : requirements of tits' lllori'daa rtrai9/or .F(Aerarl Singkr Midit acts:. CI {�1�C�lt� able„
the Grarattie. shall colliply %vitlt the airdil: reguircinews otitlii)i rd in Atrarc °l7ii ti t t C, oil' 1
l �eck and Florida Singlo tidit Acts..` hereto and taiade i lgsrt of thc, Agnt naunt, as apl.ilic al *l ,
24. FEDERAL COMPLIANCE.
As applicable, Contractor shall comply with all federal laws, rules, and regulations, including but not
limited to:
im 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.G. 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.
GRANT - G OVERNMENTAL ENTITY Ver. 01/2017 Pa Packet Pg. 1540
FWC Agre.eme.nt No. 1620
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, cant' 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 sect. 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 Gr.y 1[(tion tliat a of Y ny lMed of
endangered fish or wildlife. Also generally prohibited are the import, export, interstate, and
foreign commerce of listed species.
25. FEDERAL FUNDS. This Contract relies on federal funds, therefore, the following terms and
conditions 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 assist�.d cr, ntr,tu,Js In ( xcess of $2,0°00.00 for 9l , Coilstrmti,�tr alteration, rarrepair
(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
the locally prevailing wages and fringe benefits for corresponding work on similar projects in the
area.
D. Copeland a Anti l ck.lxac Apt The t d " riti• K ie1baek" Act, r10 1.1.5 f,.. 3141-3 148 and
3146 148, as strpplelmertted by Department of labor regul.a(joris (2:9 CFIZ I "part 5), Applicable to
c(. mtrrcts arwtr°ded by at 'ion- Federal entity in excess of $1,00,000.00 that involve erriploytrirsrit of
rne=chatrtit:s C }e labors, l nder this Act,, . c:onLntctusrs and subrec, [P iel its art :errobibited From inducing,, by
any rneai'r, arr.y person erriploy°°ed in the coiistrtrction, coniplttion, or repair of laUbIic work, ro give tip
any hart raf the cotl1peilsat3o], to wl`ric,ft h or she o;ltel e entitled:
Contr°arct. Work Floors and Safety Standards Ac.t &, tiaras 103 and ltl of the ,�'�g;rectilent Wr >t'k
flours and Safely Standards Act (40 U.S,C. 27 -330) as .srtppleruei ted by l irptar'tnaent of Labor
revelations (29 C'FR, part 5), Applrrttble to coiisrructirart c:ontrsac:ts a arula°r, by Contractors and
suka::tar'ttt'acz+ars iri excess of 2,00CILLt;Mt1, and in u;xccss cif $2,500.(10 for outer cont
a ;is which involve
the e,mployrrrent of n'a,.ltfinics or laborers. Under this Act, contr'ac.tors and sttlicontraclor*r MUM
c01111 OW Wages: of it=ltanic:s am".1 I aborers (workers) on the b asi. of as forty (240) hours work
piovidc° workers no less than tines;, and ar hall - ior tiotj vs worked it: exces.ti of (be forty (40) boor
work we ek, rind not tv.giiir'e workers [O work iaa Surrounding, or. vvork c:onditaons that ante uLtsanitatryf
hazardous, or dangerous.
GRANT - GOVERNMENTAL ENTI'T'Y Ver. 01/2017 Pa Packet Pg. 1541
FWC Agreement No. 1620
F. Rights to Inventions Made tu'nder a Contract or Agreement. 37 ("J-
..l °I zIll1, if ai l t dt 1 9 rl��'.ncl
Sneers tl[L� tefilil;i1jorr o f - himfina 17 CF'R I1)1,20a) gi.rld lltc IbCilDieslt bJ`
�it,171 ..11 Is'r3l whsle' to ellte -' into b? b`i,9zltl;t t vJ111 a .kniall R. ?,ts ucl °, 3'11'71'7 or 11[ llR'97'ilttL clr�t11[i:z3lllC:i
1`i„garding 111,= sr1h�llruLion, of 11rt1 tK a s' io,ilmcai or or
1e;§earctl %v(ttl`lh Linder lh,(" ° "fuoL;tir14 aureti`[H. III.," Ills:' . lat'111i(IR (W S.Ul PL`(,il'tlr�nL n isi l`:ol with dic
]Vrltr 1r( ,NIWtlPS of 3_ ('11 .l rt �10I, "l�i.ghis to hl i. ol14 Made [rV Nool`wofit Orgglntl,a[ ion aiid Sirr,l3l
lll.r lne s I "Er'r l- llnder l_ttf4'iilllrll`h Ili: Cl 4..oEg1r,1ch emi(l C.'( r1atJve Ar ?r- eI7k_nts, and 111`1Y
implementing regulations issued by the awarding agency.
1�. 1luergy Efficiency. IN'tai:1clartmy staild'ards: aml polic'ic? I slillirlg to (!rwlllg° which sIu'
°rSrlltlillu'tl in the StaW 01c ra'�v corlSery -mion t ?hn issiic:d in conipiiaric °' 'W 11 ifie '411d
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.
L Prohibition against Lobbying.
Contractor Certification - Payments to Influence. The Contractor certifies that no
1 �.r enal approj:i iat d funds have biierl p;1id ter witl 6 to paid. on or afk�r [),.c.ernbk�r 22,
t989, by o1` on b -,half of tilc CoIlLractor, W brrly f)0-, n fclr filfiklerIci 110, or attc:mpLing t7'r
influence influerice er'r'I: officer or ernployee ()t E ii'r a? y, a of Congr z's, an ot'fiQer or
err1ptoyec. of Congress, of art ei e.e; of a Men - t r of Congress, in connection with the
awarding, re rrmall, amending or cnodifyiog of any Federal co ntract, grant, � : }r coopenitive
agree,tnertl_ If any non-federal ftlrids are awd. for [ob 3o activities as described Lrbove ir'i
cclt'llwdion; with this +c antra ct., t:4e, Con(ractor shall - stibatit Standard Form
"Disclosure Form to Report Lobbying ", and shall file quarterly updates of any material
changes. The Contractor shall require the language of this certification to be included in
all subcontracts, and all subcontractors shall certify and disclose accordingly.
ii. 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. CONTRACT- RELATED PROCUREMENT.
A, PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the
performance of this Contract is certified by or is available from Prison Rehabilitative Industries
t:�TR ANj' - G 0Vl i NM.EN F,N `l'lP1 Y Ver. 01/2017 Pa Packet Pg. 1542
FWC Agreement No. 1620
and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection
946.515(2), F.S., the following statement applies:
It, is expr - -s ly Llna`.le.rsloo 1 au've'al that ally art.rttk -s - Iit 1.110
SLLbj:'( Of, or° Ft:clalirtd W c:alry otli, ilri (witrd act sll,all he pa:,r�,11�sed fr01.1.1
[PRIDE] in the same manner and under the same procedures set forth in
Subsections 946.515(2) and (4), F.S.; and for purposes of this contract
the person, firm or other business entity carrying out the provisions of
this contract shall be deemed to be substituted for this agency insofar as
dealings with such corporation are concerned.
The above clause is not applicable to subcontractors unless otherwise required by law. Additional
information about PRIDE and the products it offers is available at http://www.pride-
enterprises.org
B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service
required for the performance of this Contract is on the procurement list established pursuant to
Subsection 413.035(2), F.S., the following statement applies:
It is cxp v:ss1y rarlderstood and agreed tfi,Gat any autick,,s' tlr.tr at(" tile srr ajcct;
of, sar' regLti.rc:tl to Carry om this contract sdr6.all Ix' ptirc'Im d f ra. ni as
nonprofit agency fc the ()I i`cryr t,!)e wverely li arrdicatpp<xl that i
tlala fied parrs.naaaat to Cl Gapler 413, 1°,5., in Lire Sanlc: rrrrr.nner and under
the ;s�arlae pr'occ.nrrrC -YO forth in Subsreolons 413,0360) and (;_). l ,5,;
Grrrrl for purposes of this contras t., slab person, first or oiN, boslne.ss crllity
carrying ow the provi.sia:rrrs of this corltrric;t shall l ')e dverncl to 11'
saabst:rttrLed for the Late r' =97 "' liJ�l`iia Is alectlrGr§ wrt.lr sal h Lrrealrlr C1
nonprofit agency are concerned.
Additional information about the designated nonprofit agency and the products it offers is
available at http: / /www.respectofflorida.org
Cm Procurement of Recycled Products or Materials. Contractor agrees to procure any recycled
products or materials which are the subject of or are required to carry out this Contract in
accordance with Section 403.7065, F.S.
27. PROFESSIONAL SERVICES.
A. Architectural, En iucering, Landscape Ar<I'liteetural, or Survey and Mapping. If Llais
Contract 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:
Thc, arc.d'flOct for rcgr`stt'rt.t€ surveyor grid inapper ()r professional engineer, rs
applicable) warrants that he or slay; has not csnaplaayed or r(°ta nod any conlpaany or
person, otlier° than a boo as fide, employ,.` working solely for the arrchite (or
rcgUwred surveyor and n tpper, r.rr' professional engine r, as app" able) to soliout
or secuLe, [ contraac,t �anl that he or sdr4: hE not p,said or irgr�We,rl Lo ps:ay any
pr:xsoa ° I, compauay, corporation, inclividual, or firm, otht'r than a bona fide
e ,ployee wor kin i solely for aar'cha c:t (or reg,iswred ;snryevor and mapper or
1 C'�tCc wsrta[r r l n�oilicer, its applicable) alt y I 's�., �'t1C1�t11Cti�4t p�c:rce ]tare e,, �".,if or
GRA NT GOV RN,M PNT. A.1- lF 1 11'I`V Ver. 01/2017 Pa Packet Pg. 1543
FWC Agreement No. 1620
other consideration contingent upon or resulting from the award or making of this
contract.
1. Termination for Breach. For the breach or violation of this provision, the Commission shall
have the right to terminate the Contract without liability and, at its discretion, to deduct from the
Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
28. INDEMNIFICATION.
If Contractor 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 Contractor is not a state agency or subdivision as defined above, Contractor 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 rt- d'-Mino to p r irlji.ary aryl dltnio;e 10 rea] or pc..rr "S ulue,Jl?le prop. -.rty alleged co be catis.cd 01
whole or ill d art by contra's,'lor, Us agents, c'Irlpkjyel �, 1 ?aril1irs, Or s bi: {,11 raLtors, priwided, 17mt "ever, Illat
Contractor 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 Contract.
II. 1: isct`inflnatury Vetulor List. l:rt , .icc orclance w ith Soci:ion 297.134, F.S., Sul enl ity or of filiditc
who has been placed can the discr ' , lim anrry not ,stibri* to bid, pr nposal, or relaly on
rr ( to pr�7'�`ktla: arty good, or efv`lces to L 1_)ubfic f [`I�,Ity; may $'aiS *+ub], iI cl i�J�l, �]J "�] to ill � T`
reply on to co.iitr°ract. with a public. Ulltlty ftar the c:ora,struc,tion or repair r;lfa public: bLut ing or public
'work; may not submit bids, pr+-aposals, or replies on lcia;scs of real propor y to ra public entity; ln,')y
not be awarded or perform Work as ar c :atitr°aaar, sopplier, subcontractor, or consultant render a
contract with any public entity; and may not transact business with any public entity. Contractor
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 Contract 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 Contract shall be interpreted in such manner as
to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or
invalid under applicable h1 W, SLIC:lr provision shall be incffcdke to the extent of .srlch PJ.`ohibition Or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Contract. 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 Contract be construed to grant any rights, privileges or
interest to any person not a party to this Contract.
GRA NT GOVERNMENTAL ENTITY Ver. 01/2017 Pa packet Pg. 1544
FWC Agreement No. 1620
32. JURY TRIAL WAIVER.
As part of the consideration for this Contract, 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 Contract, or with the products or services provided under this
Contract, including but not limited to any claim by the Contractor of quc�rittan Pneruit.
33. PROHIBITION OF UNAUTHORIZED ALIENS.
In accordance with Federal Executive Order 96 -236, the Commission shall consider the employment by
the Contractor 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 Contract if the
Contractor knowingly employs unauthorized aliens.
34. EMPLOYMENT ELIGIBILITY VERIFICATION (E- VERIFY).
A. llequit inert to Use lryVe, rl y. Exeorrtive Ordhzr t I- l 1 to si,s 1'Fa.d lA'14i , 27, 201 [ , by tliti°
of Florida, regUirrss 0Xnrrnission cm lnicts rrl excess of Elonrinal v,rlrre to C.XprkS'd r C]UiD t1k!
Contractor Lo: L) rrfilize [he U.S, 1• eprrtnie °nt tit' Il,: n'j' .laiic ski (',r jly's h -'fir r t1 - y system to v ell,fy
(Ite (j- rrployIInent eligibility ,sf all ivew enipk,,yr es hired by tiontrati:gor daring; ttrc t.- §oraract ter111
r �lil, 2,y inc.lrirlc iru srll srrb .crrrirrr l,s rrrrder this t, the r`(r Ih,�r subcorttr.rk lors
pe.rformirxg work or providiiio wnfieeS pUrsrU1r)t to Lhk tefoiaract utihZQ the E- Verify ;�y rem to
verify the e.n ptoyrrwrtt eligibility of al new employees hir�.d by the stib ontrat.v)r during tliti tb'r`rrr
of the subcontract.
LL, E- Verify Online. E- Verify is an Internet -based system that allows an employer, using
irrformation repmutt r }rs an employee's Form 1 -9, ErlIfr10yr1701 'It: 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.l.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
h tti)://www.dhs. gov /files/programs /ge —I 185221678150.shtm
C. Enrollment in E- Verify. If Contractor does not have an E- Verify MOU in effect, the Contractor
must enroll in the E- Verify system prior to hiring any new employee after the effective date of
this Contract.
1).. E- Verify Recordkeeping. The Contractor 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 snake „suk h records avallahle to the Coinniissioa) or other
authorized state entity consistent with the terms of the Contractor's enrollment in the
program. This includes maintaining a copy of proof of the Contractor'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).
Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility
Verification provision is made an express condition of this Contract and the Commission may
treat a failure to comply as a material breach of the Contract.
3. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE.
GRANT - GOVERNMENTAL ENTITY Ver. 01/2017 Pa Packet Pg. 1545
FWC Agreement No. 1620 H.6.a'
1401lr >°r' Party Arali be tla We to to dJtMr f'i.hi' riny dl `lilt# or failure t o ptrforrn rllyder ttlll C'olntr tcl if such
delay or fart UFC rs Iloitlre r (lie t,iaitt nor Ihe" Ird gligena`e of We Paioy 0 is de rriploydees d)r "19clits and thu dld,.l,ry
is due d.Ila°udy to - "ol GOdf, v'+irs, ,rcis of j, ,rilllrc r°rrawtfir, 4trjbn, ltlti ^ llo(, t)i opdic siroilair" t l.M
w h o Hy Ipd: yond the 1 01 y ''s OMro1. 01 tor;tny 0f t he Nm ' f ", )i1Ig til"I . iffe cts +l?u' +ISillalr:t.4tl o r srrpl'ali rs it no
averrurte source of =supply is available, 14nwev° q in the d ul of delay froril the lord t ilrtrg ausi s, the
Party sli.aril owe .Ill re.a.}.sor iaf to c I I nos w l irtigme arny Midi all tesultiltta " delay cor disr..'lrpl -t }11 drl the, [ "I'lly"
pdarfdpr° na n ce :' >l7ll rmder dAs (e'vmoract. V the tta`by is exi`:trmble t9MQ t11I larrrSi�ral].611, C,llC tlti hAy will
Acre resaut in any aydditkmarl. charge or cost unel .r the Contact to eiiVr Party, ill [h C.rse' of III1y ilekly
t` ontract, or° beh tee is ti xaI. able tender this 1.r6rrUg rail. h tm' prii.r,rR°v,tm ; li H nMdj We Cottul nsiO s Contract
,Tan ger° its wri6rig of Ho rle:laiy," or potci`srial delay and d saribc V came of We dday a ther, ",1 within
ten ( 10) cal4'rti ar days ad'tet dl!1 l °altls4'. I1`I,_1. creates or Lv °'111 coat Hr dvlaly first if CO 'rtl`delcir cOnld
rc'ns Jl.lat)ly foresee Hot a delay could.k }e4 °4.rJ' as a t'dl`mat; or (2) 4'd'rkin we (5) cal rrdu days ahm tk Art
Conhmetur first had reason r Ndiewe Hiatt a°t det,riy t.mlld 1'd sine,, if the dclay is not rS,.trs:tpllalAy
fureseca ale, `I°Ii4s FOREGOING SHALL. CI. NS 11T1_ =`1 °I"} I'()NTRAC l tlt.l 'S SOI.,E R .W4W 0R'
EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a
condit[un precedent to such rein .dy, The: f, "on7rriissrr'�ri, i is ,scale dlscration, will d3 terming 6 the del ry is
(�\ctls,abfe under lids paragraph and wHI in'.aKy Contractor or hs dacisio.n in +."a°riling. No clatun for
d lnnyes. tits §er tlnn Mr a mos e of timc., sliall be asserted agaaiil,st. Me Conandssion. Corgi lrutor slia l I
int be ernitied to an in rea:so ill the Contract pr'icc c.or paynners t }L any quid front the Ce'orli,nlission for
dhact, indirect, ctlmeWler teal" impact. s other cost% expcnsms oir 'Including but nr.;§t hini,led to
C`:o` s of a ccd.lemti {gin or 13ielltyld.'ril'.Iay ading because of deh disrrQon. inbodbi ace. or hindrance hoot
any cause w1mrs oevd; r If perleirnatnco is suspenclK or delayed, 111 wll ic or ill pdtrt, due to any of ),Ill":
causes `ti des's ri1r d In this peite4gi'q *, after the causes have s.e4Lwc lfk e; ,tit, ConrrF4aor shakll t')eI'lorm alit no
Aa, rerlsed cast, unless the Commission determines. in its sole delisi retion, that the delay will signifiddratilly
C
In • k azay do
Impair r do ' y °ill:tLe of we f ��iit:r "rdrt r�'r the 'ca�iinrls,�,roii 4n tll� Staatr�, in �wk�Irc,tl case,, rl�4r f raiiirrlla� r6�i�i r
a €rq ear :artl lei be oll.rrwl rg: (1) aceept ailknatt =aid perforni,anit~e or i.trdWerles fron) Contractor, provid tbar
C'oi'rriblet¢x grants pix:l'ererltiai.l tr4t4rtr'rl rl1 to t¢ie '4'aiii[lliasi.on with lespc.ct, to pry }clebtd;°rs o services, subjected
to a`lllocat on; (2) pmelmse front ottier vd.Jlu"'ces (without. recourse toy` nd by Ch)""itractor for t1"re Cehod costs
aincl expk- ,,nses) to replace all or part: of the prods els or ser6ce-s thm are the sUbjW Of` the de.11y, which
purchases rruq be deducted from the ta`'ontma quantity - , or (et) terminate tN Contract in a•whole or i.i:i. pail`;,
1. TIME IS OF THE ESSENCE.
Time is of the essence regarding the performance obligations set forth in this Contract. Any additional
deadlines for performance for Contractor's obligation to timely provide deliverables under this Contract
including but not limited to timely submittal of reports, are contained in the Scope of Work, Attachment
A.
7. ENTIRE CONTRACT.
This Contract with all incorporated attachments and exhibits represents the entire Contract of the Parties.
Any alterations, variations, changes, modifications or waivers of provisions of this Contract 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
contract and its attachments, the terms of the solicitation and the Contractor's response to the solicitation.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
GRANT - GOVERNMENTAL ENTITY Ver. 01/2017 Pa Packet Pg. 1546
FWC Agreement No. 1620
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their
duly authorized signatories on the day and year last written below.
MONROE COUNTY BOARD OF COUNTY FLORIDA FISH AND WILDLIFE
COMMISSIONERS CONSERVATION COMMISSION
WEIM
Monroe County Attorney
Approved as to Form and Legal Sufficiency:
By: _s -
Peter H. Morris, Assistant County Attorney
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
Sample Invoice Document
Attachment
E
Certificate of Completion
Attachment
F
Cost Reimbursement Contract Payment Requirements
GRANT - GOVERNMENTAL ENTITY
Approved as to fora and legality by FWC Attorney:
VIP
?
4 IG(R .,: _ .
Ver. 01/2017 P packet Pg. 1547
Attachment A — SCOPE OF WORK
Project Name: Florida Keys Vessel Turn In Program FWC Agreement No. FWC -16204
(FKVTIP)
1. DESCRIPTION OF GOODS /SERVICES PROCURED, OR PROJECT WORKPLAN
A. Purpose:
FKVTIP is a 5 year pilot program sponsored by the National Oceanic and Atmospheric
Administration and granted by the Florida Department of Environmental Protection under
DEP Agreement No. CM720. The purpose of this project is to establish a preventative
measure to vessels becoming derelict on the waters of the state. Vessel owners will have an
opportunity to dispose of their vessels at no cost when unable to pay for the disposal
themselves. This will help prevent vessels from potentially becoming abandoned and derelict
vessels (ADV). The goal is to reduce the costs for removal of derelict vessels as well as
reduce navigation hazards and environmental threats. The findings of this program at its
conclusion will be shared with the Florida Legislature for consideration as a potential
statewide program.
B. Background:
After observing Vessel Turn-In Programs in California and Washington States, the Florida
Fish and Wildlife Conservation Commission proposed a pilot program to develop such a
program in Florida. The Florida Keys has the greatest concentration of derelict vessels in the
state of Florida and was selected as the target location for this pilot program. FKVTIP will be
supported and executed by the Florida Fish and Wildlife Conservation Commission (FWC) in
collaboration with the Monroe County Office of Marine Resources.
C. Support of Commission Mission:
This project is in direct alignment with the goals of the FWC. The protection of Florida's
waterways by reducing the number of derelict vessels is vital to both the safety of the public
and the protection of Florida's environment. The FWC already has a viable and robust
derelict vessel program as does Monroe County. Collaborating to dispose of vessels in an
advanced state of disrepair (but not yet derelict) is anticipated to directly reduce the number
of derelict vessels in the Florida Keys.
2. DELIVERABLES
Task I Description:
The FWC, in coordination with Monroe County will develop the FKVTIP, including eligibility
criteria, program procedures, an application and related processes. Monroe County, will create
a program webpage on the Monroe County website that will host a downloadable application
form, eligibility criteria and program procedures for the public interested in the program.
Deliverables to be completed by Monroe Coun :
1. Written Eligibility Criteria to be developed and utilized by Monroe County to
determine applicant eligibility. This deliverable requires input from the public to be
considered in the development of the criteria.
2. Program Procedures also to be developed and utilized by Monroe County.
Development of these procedures will consider public comments received from
Version 1.0 — June 2013 Page 1 of 7
Attachment A — SCOPE OF WORK
Project Name: Florida Keys Vessel Turn In Program FWC Agreement No. FWC -16204
( FKVTIP)
public meetings held in Monroe County. Procedures will be delivered in the form of
a hard copy and electronic PDF or WORD document file to FWC.
3. Paper Application form to be used by applicant when seeking application to the
FKVTIP Program. This application will also be available on the FKVTIP Webpage
as a downloadable document.
4. Link to a publically accessible website page dedicated to the FKVTIP. This
wcbpage will contain at a minimum, the description of the FKVTIP program,
downloadable application form, downloadable program procedures and other
resources to assist applicants in preparing to surrender a vessel to the program.
Deliverable(s) Due Date: August 31, 2017
No Payments will be owed or remitted for this task. FWC must agree to the content in
above deliverables prior to them being submitted for performance measure approval.
Performance Measure: The FWC Grant Manager will review the deliverable(s),
within seven (7) days of receipt, to verify that they meet the specifications in this scope
of work and this task description.
Task 2 Description:
The FWC will travel to Monroe County to attend a minimum of 3 public outreach meetings.
Monroe County will arrange these meetings in target locations to provide information
on derelict vessels, as well as the conceptual FKVTIP program including application
requirements. Public comment will be collected to better understand the socioeconomic
factors and behavior of vessel owners that result in vessels becoming abandoned or derelict.
FWC in coordination with Monroe County will summarize the public comments and utilize
them for further program development to best meet the needs of the public.
Deliverables to be completed by Monroe County:
1. Press releases for each public meeting to be held. Print copies of each meetings
press release will be submitted as deliverable, three (3) each.
2. Public meeting sign in sheets will be collected and turned in with deliverables
to include attendee's names, address, telephone, and email contact information if
given.
3. Summary of Public Comments including those comments identified as being
used to further the development of program eligibility and program procedures.
Deliverables to be comi2leted by FWC:
4. PowerPoint presentation used in public presentations. This PowerPoint will
demonstrate the basic overview of the FKVTIP to the attendees and give a basis
for public comment and suggestions for program development.
Deliverable(s) Due Date: August 31, 2017
No Payments will be owed or remitted for this task. FWC must agree to the
Version 1.0 -- June 2013 Page 2 of 7
Attachment A -- SCOPE OF WORK
Project Name: Florida Keys Vessel Turn In Program FWC Agreement No. FWC -16204
( FKVTIP)
content in above deliverables prior to them being submitted for performance
measure approval.
Performance Measure: The FWC Grant Manager will review the deliverable(s),
within seven (7) days of receipt, to verify that they meet the specifications in this scope
of work and this task description.
Task 3 Description:
The FWC in coordination with Monroe County, will develop and launch a Community -based
Social Marketing Campaign for the FKVTIP Program through:
• Compilation of information on ADV and associated impacts for use in
developing a Fact Sheet regarding ADV impacts and benefits of Program
participation.
• Development and distribution of outreach messaging to reach target audience(s)
through Press Releases, Public Service Announcements, social media and radio spots
to a minimum of 5 media outlets including if available, local Monroe County
newspapers, Monroe County TV, and local Monroe County radio stations.
• Development and performance of an online marketing campaign to reach
target audience(s) through Monroe County governmental webpage and social media
accounts such as Facebook and Twitter with a minimum of 1 webpage created and
12 social media postings
• Development, production and distribution of Program Brochure, for distribution
through outlets such as marine - related businesses, vessel registration offices and
marine law enforcement officers to inform vessel owners of program overview,
eligibility and participation details.
Deliverables to be completed by Monroe County:
1. Fact Sheet to be in paper form and electronic Word or PDF file. This document
outlines the derelict vessel problem, in Monroe County explaining problem areas
and costs associated with derelict vessel removal operations. This facts sheet will
also outline the benefits of the FKVTIP Program and its contribution to the
overall reduction of potential derelict vessels.
2. Copy of Media Documents designed to promote the FKVTIP Program. This
includes all radio, newspaper, television, social media or any other direct
promotion related to the FKVTIP program. A minimum of 5 media outlet postings
and 12 social media postings are required for this deliverable.
3. Program Brochure Distribution List to include the number of brochures
distributed as well as the name of the outlet receiving the brochures.
Deliverables to be completed by FWC:
4. Production of Program Brochures to include invoices for production as required
for submission for reimbursement from DER
Version 1.0 — June 2013 Page 3 of 7
Attachment A — SCOPE OF WORK
Project Name: Florida Keys Vessel Turn In Program FWC Agreement No. FWC -16204
(FKVTIP)
Due Date: October 31, 2017
No Payments will be owed or remitted for this task. FWC must agree to the content in
above deliverables prior to them being submitted for performance measure approval.
Performance Measure: The FWC Grant Manager will review the deliverable(s),
within seven (7) days of receipt, to verify that they meet the specifications in this scope
of work and this task description.
Task 4 Description:
The Florida Fish and Wildlife Conservation Commission will coordinate with Monroe County to
assist them in conducting FKVTIP program activities including Public Meetings, application
review, title surrendering, and at least one (1) vessel staging /disposal event It is
anticipated that in year two and subsequent years, additional removal events at various
locations as well as individual location pick -ups outside of organized events will be
available based on funding. Applications will be reviewed and accepted based on eligibility
criteria, application deadlines and available funding for the program year as well as other
logistical and prioritization considerations as necessary. Upon vessel surrendering, a post -
event survey form will be administered to FKVTIP participants. Data from this survey will
be analyzed to help determine socioeconomic factors which may be used for Year 2 Target
Marketing. A Year 1 activity report will be prepared which will contain:
executive summary
number of FKVTIP applications
• list of approved applicants /vessel
• title surrender documentation
• invoices for disposal and proof of disposal (including photo documentation)
Proof of invoice payment by Grantee by check or otherwise.
• number of vessels disposed
• photos of disposal event(s)
• Year 2 goals /objectives
Deliverables to be completed b3: Monroe County:
1. Copy of Applications Received from all applicants requesting assistance from
the FKVTIP Program.
2. List of Approved Applications/Vessels
3. Title Surrendering Documentation from applicants whose vessels were
surrendered under the FKVTIP program.
4. Procurement Documentation for Removal and Disposal of Vessels by
Monroe County's Pre - Qualified Marine Contractor(s) including solicitation
documentation (Request for Quotes), all quotes received, selection of low bidder,
Task Order, invoice and proof of payment (copy of check) to contractor(s) for
work performed in the removal, destruction and disposal of surrendered vessels.
5. Evidence of Removal and Disposal of each Vessel Surrendered including
photographs documenting the entire process as well as disposal receipts.
6. Photographs of Vessel Staging/Disposal event(s).
7. Copy of Completed Post -Event Participant Survey Forms.
Version 1.0 — June 2013 Page 4 of 7
Attachment A — SCOPE OF WORK
Project Name: Florida Keys Vessel Turn In Program FWC Agreement No. FWC -16204
(FKVTIP)
Deliverables to be completed by FWC:_
8. Year 1 Activity Report as outlined on Page 4.
9. Summary of post -event participant survey analysis based on post -event
participant survey forms.
Due Date: December 15, 2017
FWC must agree to the content in above deliverables prior to them being submitted for
performance measure approval_
Performance Measure:.The FWC Grant Manager, will review the deliverable(s), within
seven (7) days of receipt, to verify that they meet the specifications in the Scope of
Work and this task description. Upon review and written acceptance by the Grant
Manager of all deliverables under this task, the Grantee may proceed with payment
request submittal.
Funding for Task 4:
Category
Budget
Contractual:
$100,500
TASK TOTAL:
$100,500
3. 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 keep accurate records of expenses as
required for reimbursement and grant evidence purposes. The final project reimbursement will be
made by the FWC's Grant manager, after insuring that all contractual burden has been met according
to the project plan.
In the event that a deliverable is deemed unsatisfactory by the Department of Environmental
Protection under FDEP contract CM720, herein incorporated by reference, the Grantee (Monroe
County) will assist the grantor (FWC) in revising the task deliverable until it becomes satisfactory to
the FDEP Grant Manager.
4. PERFORMANCE
A. Acceptance of Agreement: The Grantee will accept the contract and have it signed and
returned to the Commission within 90 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 Grant 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
Version 1.0 — June 2013 Page 5 of 7
Attachment A -- SCOPE OF WORK
Project Name: Florida Keys Vessel Turn In Program FWC Agreement No. FWC -16204
(FKVTIP)
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 Grant Manager.
C. Procurement: The Grantee shall procure goods and services through a competitive
solicitation process in accordance with Chapter 287, Florida Statutes. The Grantee will insure
that the selected Contractor(s) has adequate insurance and is qualified to do the work.
D. Closeout: Final receipts with required evidence of completion will be received by the
Commission's Grant Manager no later than December 15, 2017.
5. 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 $100,500.00. The Grantee shall be
reimbursed only for budgeted expenses that are directly related to scope of work and
completed by the Grantee.
B. 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 F.
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. If the invoice
submitted is for final payment under this agreement, the invoice shall be accompanied by
Attachment E: 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.
6. MONITORING SCHEDULE
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. 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 using email and made a part of the master agreement file. Reports are due to the
Version 1.0 —June 2013 Page 6 of 7
Attachment A — SCOPE OF WORK
Project Name: Florida Keys Vessel Turn In Program FWC Agreement No. FWC -16204
(FKVTIP)
Commission's Grant Manager by the 15`h of the month immediately following the reporting
period until the Certificate of Completion is submitted.
C. Certificate of Completion: Upon completion of the Project, the Grant Manager for the
Grantee shall sign a Certificate of Completion form, Attachment E, attached hereto and made
a part hereof, that certifies the project was completed in accordance with this Scope of Work
and the Agreement. This completion certificate will be done on an annual basis when all
deliverables per the contract have been completed for that year.
D. Performance measures will be discussed monthly in a collaborative method between Monroe
County's Office of Marine Resources and FWC's Boating and waterways section. Both
entities will be sharing responsibilities and roles in the project as it moves forward.
7. INTELLECTUAL PROPERTY RIGHTS
No additional requirements. Refer to Section 13 of the Agreement.
s. SUBCONTRACTS
No additional requirements. Refer to Section 15 of the Agreement.
9. INSURANCE
No additional requirements. Refer to Section 17 of the Agreement.
10. SECURITY AND CONFIDENTIALITY
No additional requirements. Refer to Section 21 of the Agreement.
11. RECORD KEEPING REQUIREMENTS
No additional requirements. Refer to Section 22 of the Agreement.
12. NON - EXPENDABLE PROPERTY
No additional requirements. Refer to Section 13 of the Agreement.
13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY
No additional requirements. Refer to Section 13 of the Agreement.
Version 1.0 — June 2013 Page 7 of 7
FWC Agreement No. 16204
Attachment B
CERTM CATIONS AND ASSUItikNCES
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 (5 %) or more in the Grantee or its affiliates.
B. Conflict of Interest, Section 200.112, ONM 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. If 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 Iitigation investigations, arbitration, or
administrative proceedings relating to or affecting the Grantee's ability to perform under this
Agreement.
REMAINDER OF PAGE INTENTIONALLY LEI"T BLAND
Attachment B rev.6.15.15 Page 1 of 4
F WC Agreement No. 16204
Part lq: Federal Certifications and Assurances.
If this fareert rtt: is srrpt�or °ted ley 1 +ederalfunding
uteri the fol Certificrrtiorrs a�ad lsscrr°ara
A. 1i gUal l± mployr,rrent 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,
1 965, entitled. "Equal Employment Opportunity, " as amended by Executive Order: 11375 of October
13, 1 967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60).
B. Davis -Bacon Act. Grantee certifies that to the crest 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 tabor 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 acrd subcontractors, are in compliance with the Copeland
"Anti - Kickback" Act, 40 U.S.C, 31.41 - 3148, and 3146 - 3145, as supplemented by Department of tabor
regulations (29 CFR Part 5).
D. Contract Work 1.1ours and Safety Standards Act. Grantee certifies that to the best of its
kliowledge, 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
Auree ent Work Hours and Safety Standards Act (40 U.S.C, 3702 and 3704) as supplemented by
Department of tabor regulations (29 ' CFR part 5).
- 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 Finns Under
Government Grants, Contracts and Cooperative Agreements ", 37 CPR Part 401.
F. Clean Air pct and Water pollution Contr°ot Act. Grantee assures that it, its principals, agents,
recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the
Clean A.ir 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. 571.
.. Drug 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.
Attachn ent l3 rev. .15.15 Page 2 of
FWC Agreement No. 16204
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 H, H.a.l 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 teiu (10) calendar days after receiving notice under
subparagraph Part H, 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 H, H.a.4.b. herein, with respect to any employee who is so
convicted:
L 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:
I.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. Traffcldng 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. 16204
J. Debarment and SuslM10011. 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, wvith a person who is similarly debarred oi'
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 InflLietice. The Grantee certifies that no federal
appropriated funds have been paid or will be paid, on or after December 22, 1989, by or oil
behalf of the Grantee, to any person for influencing or attempting to iznpuence all officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Cong=ress, 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 -L 1.,L, "Disclosure Form to Deport 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 shalll certify and disclose
accordingly.
b. I Grantee – I1c'ft °ain from Subcontracting with Certain Organizations. Pursuant to the
Lobbying Disclosure .Act of 1995, the Grantee agrees to re ain from entering into any
subcontracts tinder this Agreement with any organization described in Section 501(c)(4) of the
Internal revenue Code of 1986, unless such organization warrants that it does not, and will
not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract.
L. Lacy Act; Magnuson— Stevens Fishery C€ nset°vation and Managentent Act; Migratory Bh-d
Treaty Act; and Endangered Species recto Grantee certifies that to the best of its knowledge, it, its
principals, agents, recipients, subrecipients, contractors and subcontractors, are iti compliance with, and
gives its assurance that said parties will continue to remain in compliance with the Lacy Act, 16 U.S.C,
CD
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.
CD
By signing below, Grantee certifies the representations outliined above are true and correct.
e f/L
E
(Signature and Title of Authorized Representative)
tM
O A rte e, CO
Grantee late
as
(Street)
rAhtkon, FL 0S O
ra
(City, State, ZIP Code)
Attachment B rev.6.15.15 Page 4 of
1 1 TH C; tt.greenaeirt No. +WC- 16204
Attachment G
AU1)f1 REQU.1R1JNIEN TS
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 11 of this attachment: regarding Mate funded activities. If this Agreement includes a federal award,
then Grantee will also be subject to the Federal provisions cited in Tart I.. If this Agreement includes both
State and federal funds, then all provisions apply.
i4IC3N['1'C1R[iNG
Iii 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 Cormnission may conduct or arrange for monitoring of activities of the Contractor. Such
monitoring procedures niay 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 ConLmission. 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.
PNR , r la 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 govennnent or a non- profit organization as
defined in Sections 200.90, 200.64, or 200.70, respectively, OMB Uniform Guidance.
13. 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, EXHB31T 1 to this Attachment
indicates Federal resources awarded through the Commission by this Agreement. Iii determining the
Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards,
including Federal resources received from the Conzrnission. The determination of amounts of federal
awards expended should be in accordance with the guidelines established by Sections 2,00.500 - ?00.521,
OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB
Uniforms Guidance, will meet the requirements of this part.
C. In connection with the audit requirements addressed in fart 1, 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 sum: ary schedule of prior audit findings, and a corrective action
plan..
1), 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 ill 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
Attachr C rev.6.15.15 Page I of 6
FWC agreement No. FWC -162O4
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, LOMB Uniform Guidance, the cost of the
audit must be paid fi 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 referernced 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
Connrnnission contract involved. Additionally, the results from the Commission's annual financial
monitoring reports roust 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 200.51.0, OMB Uniform Gui dance, the schedule of
expenditures of Federal awards shall identify expenditures by contract number for each contract with
the Conimission in effect during the audit perio
G. if the Grantee expends less than $500,OOO.00 in Federal awards in its fiscal year, an audit conducted in
accordance with the previsions of Sections 200.500- 200.521, OMB Uniform Guidance, is not required..
ha 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 20M00-200.521, OMB
Uniform Guidance, the cost of the audit must be paid fTom 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).
EL A web site that provides links to several Federal Single Audit Act resources can be found at
�1� ):f''�r3ItC.' ��,1'.1 CC. il�Rl w. tTCly %,`�,tlt,'t`:ia "3�i]�C?a1111171
PART It: 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., (tyre 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 roust have a State single or project-
specific audit for such fiscal year in accordance with Section 215.97, F'.5.; applicable rules of the
Executive Office of the Governor and the Department of Financial Services; and Chapters 101.550 (local
governmental entities) or 10, 650 nonprofit and for- profit organizations), Rules of the Auditor General.
E` EIBIT 1 to this Attachment indicates static financial assistance awarded through the Conuuission 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 fi-om the
Cominission, 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 mateMng requirements.
13. In connection with the audit requirements addressed in fart II, 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), I.S., and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the
Auditor General.
Attaclurient C rev.6.15.15 Page 2 of
FWC Agreesrterat No. :l NVC- 1,0204
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. hi 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 naust be paid fl°oin the
Grantee's resources obtained. from other -than State; entities).
D. Additional information regarding the Florida Single Audit Act can be found at:
lit t /apps, f dl coo lsaaJ.
E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the
following address:
Chief Financial Officer
Florida li ish and Wildlife Conservation Conin scion
Bryan( 13 oilding
620 S. Meridian St.
Tallahassee, '1 +1132399 -1600
RkI l' 111: Rl±,:l'ORT SfT1 AI.I.SSION
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 Attachrarent shall be submitted by or on behalf of the Grantee directly to each of the
following at the address indicated:
1. The Commission at the following address:
Chief Financial Officers
Florida l+ish. and Wildlife Conservation Commission,
Bryant building
620 S. Meridian St.
Tallahassee, 32399 -1.600
1 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 Past :lo ts ' Street
Jeffersonville, ll` 47132
3. Other Federal agencies and pass - through entities in accordance with Section 200.512, OMB
Uniform Guidance,
I. Copies of audit reports for audits conducted in accordance with Sections 200.500- 200.521, OMB
Uniform Guidance, and required by Dart I of this Attaclunent (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
package described in Section 200.512, OMB Uniform Guidance, and any management letters issued
by the auditor; copies of reports required by Part 11 of this Attachment must be sent to the
Commission at the addresses listed in paragraph C. below-
C:. Copies of financial reporting packages requi ed by Part it 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 F inalrcial Offilcer
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 wilding
1 l l West Madison Street
, raltahassee, ITL 32399-1450
1). Any reports, nianagenaent letter, or other. information required to be submitted to the Cormmission
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 gI'Attachment C —
Attaohment C rev.6.15.15 Page 4 of 6
l�V'C Aureement No. FWC- 1 6204,
t�
Exhibit'l
FE , DE RAL A-N'D STATE FUN DING DETAIL
FEDER,fVL RESOURCES A�VAR i GRXINITEE PRSUAN"I I ro nm AGREF-I�JENT
CONSIST OFTHE FOLLOWING:
CF DA. # CF DA Title I
1 l Coastal Zone Management Administration Award $100,500 1
I — Total Federal Awards L $100,500
COMFLIANCE REQUIREANILENTS APPI.JCABLET TO THE FED RESOURCES
ANVARDED 1 AGREUkTENT MUE A.S.FOLLMVS:
C .
FDA ## Compliance R e uirenients
11.419 Grantee shall comply with all federal, state and local rules and regulations.
STATE REISOURCES ANVARDED TO 111E GRAATTEE PURSUANT TOTFUS AGREEMENT
CONSIST OF THE FOLLOINTNG-
!IA 17CULNG RESOURCES FOR FEDERAL PROGIWIS:
Matching Funds Provided
bi CFDA
CFDA # CFDA Title mount of
Mat Funds
Total Matching Funds Associated with Federal N/A
Programs I
SUBJECT TO SECTION 215.97,FLORIDA, STATUTES'
State_l�rerjeet(s
CSF A # CSFA Title Amount
N/A - N/A
Total Federal Awards
Attachment C rev. 6.15.15 Page 5 of 6
FINVC Agreemeat No..FVVC-1 6204
COINIPLIANCE REQUIREINLEWf'S APPLICABLE 'ro srrA - 111' RESOUIZICKS AWARDED
PURSUANT TO T1418 AGREEME NTA-RE ASFOLLONNIS:
State Project(s) Com 1)Hance Reg uire me tits
CS FA # Compliance Requirements__
NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5),
Florida Statutes, require that the izAormation about Federal Prograrns and State Projects included
in Exhibit I be provided to the Grantee.
-End of ENTITBITI -
Attachment C rev.6.15.15 Page 6 of 6
.FWC{ontract NuFWC-16204L
Billed to:
Fish and Wildlife Conservation Commission
FWC Derelict Vessel Remm/21 Grant Program
62D South Meridian Street
TaBahossee, Florida 32399-1600
Remit payment to:
Contractor: Monroe County
FE[D#: 59-6000749
Address: 2T88 Overseas Highway
Marathon, Florida 33050
Attachatent,#13
Invoice No.
Invoice Date:
FVVC Controot#: -FVVC -16204
Amount mf Contract Axmsrd: $100
Billing Period/Oates of Service:
To:
Signed:
Project Manager
Date:
Page 1 of 1
..
Total Project Con:
$
tM
Grantee Sbenm
$
>
Amount for Reimbursement:
$
U_
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
Date:
Page 1 of 1
FMIC Contract No. FMIC-- 16204
FLORIDA. FISI-1 AND WILDLIFE
Att:aciraarcut . s"
A
CERTIFICATION 01; COMPLE17.10N STATEMENT
1, Celia Ilitchins,
Representing the County of Moraroe, do hereby certify that the Florida Keys Vessel Turn In
Program project funded by F'WC Contract No. FWC- 16204 has been completed for year
2016/2017 in compliance with all terms and conditions of said Agreement; that all ai ounts
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)
WAR r�G: "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 COMMISSIO
I certify: That, to the best ofr-ny knowledge and belief, the work oil the above -nai ed
project has been satisfactorily completed under the terms of the A, reernent.
Division:
B y
Name:
Title:
Date:
FWC Contract No. 16204 Attaclunent F
COST REEMBURSEMENT 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.
RESOLUTION NO. -2017
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AUTHORIZING THE MARINE RESOURCES
OFFICE TO REQUEST QUOTES FROM CONTRACTED PROVIDERS
FOR VESSEL REMOVALS ANTICIPATED TO EXCEED $50,000 AND
PROVIDING ADDITIONAL PURCHASING LEVEL AND SIGNATORY
AUTHORITIES TO THE COUNTY ADMINISTRATOR TO EXECUTE
TASK ORDERS FOR SUCH VESSEL REMOVALS UNDER THE VESSEL
TURN -IN PROGRAM (VTIP).
WHEREAS, Monroe County (County) has partnered with the Florida Fish and Wildlife
Conservation Commission (FWC) to develop a Vessel Turn-In Program (VTIP) for the Florida
Keys in order to reduce the number of derelict vessels by allowing eligible vessel owners who
have an anchored vessel that is reaching its end of life, and who do not have the resources to
properly dispose of such vessel, to be provided free removal and disposal through the VTIP; and
WHEREAS, FWC Agreement No. 16204, signed by the County Administrator, provides
up to $100,500 in reimbursement funding from FWC to the County in the first year of the VTIP
to provide for such vessel removals and disposals; and
WHEREAS, purchasing levels and authorizations, provided for under Resolution No.
242 -2009, authorize the Marine Resources Office to request quotes for vessel removals and
disposals anticipated to not exceed $50,000 and for the Marine Resources Senior Administrator
to sign task orders for vessel removal and disposal jobs up to $50,000; and
WHEREAS, it is anticipated that the Marine Resources Office may request quotes and
assign a task order to a single contractor for all VTIP eligible vessels in association with a VTIP
event or events; and
WHEREAS, in order to perform work in association with the VTIP and to expedite said
task orders and subsequent vessel removals, particularly due to the compressed timeline of the
current VTIP contract with the FWC, additional purchasing authority is necessary to provide for
solicitations and purchasing level and signatory authority; and
WHEREAS, it is deemed to be a benefit to the public and the marine environment to
expedite VTIP vessel removals, which is anticipated to have a direct positive effect on the
number of derelict vessels generated in the future throughout the Florida Keys;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Recitals and Intent. The foregoing recitals and statement of intent are true
and correct and are hereby incorporated as if fully stated herein.
Section 2. The solicitation procedure for work to be performed under the Vessel
Turn-In Program shall provide for the Monroe County Marine Resources Office to request
quotes for vessel removals and disposals anticipated to exceed $50,000.
Section 3. The purchasing level and signatory authority provided to the County
Administrator for work performed under the Vessel Turn-In Program will provide for the County
Administrator to execute task order(s) for contractor(s) to perform vessel removal and disposal
jobs up to the reimbursement amount provided for in the applicable VTIP contract with the
granting agency (FWC).
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 21 st day of June, 2017.
Mayor George Neugent
Mayor Pro Tern David Rice
Commissioner Danny Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ffim
Mayor George Neugent
(SEAL)
ATTEST: KEVIN MADOK, CLERK
Deputy Clerk
K