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Item G3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 21, 2015 Division: Growth Management Bulk Item: Yes X No Department: Marine Resources Office Staff Contact Person/Phone #: Richard Jones/289-2805 AGENDA ITEM WORDING: Approval of Agreement No. 14104 (Agreement) between Monroe County (County) and the Florida Fish and Wildlife Conservation Commission (FWC) providing a new source of additional funding from the Florida Boating Improvement Program (FBIP), in addition to County Boating Improvement Funds used for channel marker and buoy maintenance. ITEM BACKGROUND: The County Marine Resources Office maintains eighty (80) regulatory buoys demarcating a No Motor Zone at the Whale Harbor Sandbar. At the beginning of 2014 all the buoys at that location were determined to be in need of replacement. Twenty-nine (29) of the buoy systems, at the most critical locations (immediately adjacent to Whale Harbor Channel), were replaced in early 2014 utilizing Boating Improvement Funds (BIF) at a cost of $22,495. In the spring of 2014 Marine Resources staff submitted a grant application to the FWC FBIP to replace the remaining fifty- one (51) buoys at an estimated cost of $51,250, including a 25% match from BIF. The proposed installation is anticipated to improve boater safety, protect swimmers and waders, and allow law enforcement personnel to enforce the regulatory zone requirements. FWC has awarded the requested grant amount of $38,438 and provided Agreement No. 14104 for execution by the County. Staff has provided Agreement No. 14104 for Board approval. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval of Agreement No. 14104 TOTAL COST: $12,812 (Co. match) INDIRECT COST: _ BUDGETED: Yes X No _ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: S12.812 SOURCE OF FUNDS: BIF Fund 157- 62520 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH n/a Year $12,812 APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with. FWC CONTRACT SUMMARY Contract 4 Effective Date: Expiration Date: upon execution by FWC 6/30/2021 Contract Purpose/Description: Approval of Agreement No. 14104 between Monroe County and the Florida Fish and Wildlife Conservation Commission Boating Improvement Program providing reimbursement funding to the County in an amount not to exceed $3 8,43 8 for buoy replacements at the no motor zone at Whale Harbor Channel. Contract Manager-. Richard Jones (Name) on 1/21/2015 2805 Growth Management/ 11 (Ext.,) (Department/Stop venda Deadline: 12/18/2014 CONTRACT COSTS Total Dollar Value of Contract: $ 38,438 Current Year Portion: $ Budgeted? YesN No F Account Codes: 157-62520-530340- Grant: $ 3 8,43 8 County Match: $ 12,812 ADDITIONAL COSTS Estimated Ongoing Costs: $jyr For: (Not included in dollar value above) (eg. maintenance, util Date In Division Director Risk Management O.M.B./Purefas'ing i County Attorney Comments- CONTRACT REVIEW Changes Needed Reviewer Vs-L,F-1 7\TnF-1 Yes[:] NoE]' L,i Yes E] No Yes❑ No] $3,8,438 etc, Date Out K Flodda Flslei W and ildffe December 10, 2014 Conservation COMIT05S�01'i Rich Jones, Senior Administrator Con'milss1orif,-,rs Richard A. Corbett Monroe County Marine Resources Office Chairman 2798 Overseas Highway, Suite 420, Tampa Marathon, Florida 33050 Brian Yablonski Vice Chairman Tallahassee RE: Contract No. 141.04:: Ronald M. Bergeron Florida Boating Improvement Program (FBIP') Grant Agreement Fort Lauderdale Buoy Replacement at Whale Harbor Sandbar Richard Hanes Oviedo Dear Mr. Jones: Allese P. "Llesa" Priddy Immokalee So Rivard: Enclosed are two (2) originals of the Grant Agreement for the FY 14/15 Panama City FBIP grant award to the Monroe County Board of County Commissioners Charles W. Roberts III for the project entitled Buoy Replacement at Whale Harbor Sandbar. Tallahassee Please have the Grant Agreement reviewed:, signed by the authorized designee and return all originals to me within 90 days of receipt. Upon full EX(?CLAUVe StClff execution, an original will be returned to your office. Nick Wiley Executive Director If you have any questions or need further information, please call me at Eric Sutton Assistant Executive Director M (850) 617-9559, or e-mail fina.woodv(� v1;MVe .mn. You. may also contact .............. Jennifer Fitzwater Katrina Thompson at (850) 617-9593, or email Chief of Staff katrina.thornpsL)�I� M.)J�VC'.com. [)Msion of Law Sincerely, Enforcome,M Colonel Calvin Adams, Jr. Director / (850) 488-6251 Tim Woody, ; Administrator (850) 487-0463 FAX _ram Florida Boating Improvement Program Managing fish and wildlife Boating and Waterways Section resources for their long-term well-being and the benefit /tw of people. Enclosures 620 South Merldian Street Tallahassee, Florida 32399-1600 Voice: (850) 488-4676 H earing/speech-impaired;� (800) 955-8771 (T) (800) 955-8770 (V) MyFWC.com FWC' Agreement No. 14104 STATE OF FLORIDA CFDA Tifle(s): N/A CFDA No'(s)i,: N/A Name of Federal Agency(s): N/A Federal Award No(s): N/A Federal Award Year(s): NIA Federal Award Name(s): N/A CSFA Title(),: Florida Boating Improvement Program CSFA Nio(s).: 77.006 State Award No(s) .: 14104 State Award Year(s): 2014-2015 State Award Name(s): Monroe County, Buoy Replacement at Whale Harbor Sandbar This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 323994600, hereafter "Commission," and the Monroe County Board of County Commissioners, FEID # 59-6000749, whose address is 2798 Overseas Highway, Suite 420, Marathon, Florida 33050, hereinafter "Grantee." WHEREAS, the Commission and Grantee have partnered together to replace buoys marking the regulatory zone at the Whale Harbor Channel area known as "'the Sandbar", and, WHEREAS, Grantee has been awarded Florida Boating Improvement Program grant 14104; and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. Now THEREFORE, the Commission and the Grantee, for the considerations hereafter set -forth, agree as follows: 1. PROJECT DEsCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work). The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result of Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee's response is hereby incorporated by reference. 2. PERFORMANCE. The Grantee shall perform the activities described in the Scope of Work in a proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 1 of 18 FWC Agreement No. 14104 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 inu-nediately 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. 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 06P L�3,0/ L2 ff. 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 fflIffi—T1,4-10,14. For this agreement, the retroactive start date was not approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Grantee. The Grantee shall not be eligible for reimbursement or compensation for, grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this agreement, preaward costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. A. Compensation. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $38,438, B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks identified in Attachment A, Scope of Work-, as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables, in writing by the Commission's Grant Manager identified in Paragraph eleven (11), below. Unless otherwise specified in the Scope of Work, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of Work, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse the Grantee for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3)1. C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may GOVERNMENTAL ENTITY Ver. July 8,, 2014 Page 2 of 18 FWC Agreement No. 14104 be submitted electronically to the attention of the Commission's Grant Manager identified in Paragraph eleven (11), below. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shal I be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A, Scope of Work. E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be reimbursed in accordance with Section It2.061, F.S. F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations, but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability Of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, Such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Grantee in writing at the earliest possible time if funds are not appropriated or available. G. Non-Cornpetitive 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-cornpetitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, or the Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a vendor due to preparation errors, will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. V 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: http://wk,w.fldf,s.coriVa.adir/dii-ect deposit web/Vendors.htin 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. GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 3 of 18 FWC Agreement No. 14104 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. S. CERTIFICATIONS AND AssURANCES. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission's Grant Manager a completed copy of the form entitled "Certifications and Assurances," attached hereto and incorporated as Attachment B. This includes: Debarment and Suspension Certification; Certification Against Lobbying; Certification Regarding Public Entity Crimes; and Certification Regarding the Scrutinized Companies List (applicable to agreements in excess of $1 million); Attachment B, incorporated and made part of this Agreement. A. Overpayment to Grantee. Pursuant to Section 215.971 (1)(e)&(f), F.S,, the Grantee shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Grantee by the Commission. In the event that the Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event that the Commission first discovers an overpayment has been made, the Commission will notify the Grantee in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager, and made payable to the "The Florida Fish and Wildlife Conservation Commission." B. Additional Costs or Monetary Loss Resulting from Grantee Non -Compliance. If the Grantee's, non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to, the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement or any other agreement between Grantee and the Commission. In the event that the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Grantee, and the Commission, the Grantee will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. 7. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMI`TF ROM LIEN. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services, or goods purchased under the terms of this Agreement. If the Grant involves the improvement of real property titled to the State of Florida, then the following paragraph applies. The Grantee acknowledges that Property being improved is titled to the State of Florida, and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. 8. MONITORING. The Commission's Grant Manager shall actively monitor the Grantee's performance and compliance with the terms of this Agreement. The Commission reserves the tight for any Commission GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 4 of 18 FWC Agreement No, 14104 staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. 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 property incurred prior to notification of termination, E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. 10, REMEDIES. A.Financial Consequences. In accordance with Sections 215,971(1)(a)&(b), F.S., Attachment A, Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Grantee fails to produce each deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable may be 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. GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 5 of 18 FWC Agreement No. 14104 12. r" B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Agreement. 11. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below, In the event that either Party designates a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Grant Manager has been named. A designation of a new Grant Manager shall not require a formal amendment to the Agreement. FOR THE COMMISSION: Grant Manager Tim Woody Program Administrator Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, FL 32399 Telephone: (850,) 617-9559 Fax: (850) 488-9284 Email: fbip,@MyFWC.com FOR THE GRANTEE: Grant Manager Rich Jones Senior Adminstrator Monroe County Marine Resources Office 2798 Overseas Highway, Suite 420 Marathon, FL 33050 Telephone: (305) 289-28015 Fax: (3015) 289-2536 Email: jones-rich@monroecounty-fl.gov A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties, B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification, C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. INTELLECTUAL PROPERTY RIGHTS. A. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual property rights to the Grantee's preexisting property will remain with the Grantee. B. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual property right created or otherwise developed by the Grantee under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. C. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 6 of 18 FWC Agreement No. 14104 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. Mr, a-77-17M A. Independent Grantee. The Grantee shall perform as an independent Grantee and not as an agent, representative, or employee of the Commission. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required, Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Grantee and the Commission. B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be property trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Grantee shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non --compliance with the Commission's other requirements. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Grantee, may reject and bar from any facility for cause any of Grantee's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the Commission in all such cases. A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. The Grantee shall ensure, and provide assurances to the Commission upon request, that any subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Agreement, The Grantee must provide the Commission with the names of any subcontractor considered for work under this Agreement; the Commission in coordination with the Grantee reserves the right to reject any subcontractor. The Grantee agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Grantee further agrees that the Commission shall not be liable to the extent allowed by law, to any subcontractor GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 7 of 18 FWC Agreement No, 14104 for any expenses, or liabilities incurred under the subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract, B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, Grantee agrees to make payments to the subcontractor upon completion of work and submitted invoice in accordance with the contract between the Grantee and subcontractor. Failure to make payment pursuant to any subcontract will result in a penalty charged against Grantee and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due," C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above, the Grantee agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 16. MANDATORY DISCLOSURE. A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. B. Prompt Disclosure of (litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to the Commission's Agreement Manager, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Grantee's ability to perform under this agreement. If the existence of such Proceeding causes the Commission concern that the Grantee's ability or willingness to perform the Agreement is jeopardized, the Grantee may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Grantee will be, able to perform the Agreement in accordance with its terms and conditions; and, b.) Grantee and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. 17. INSURANCE. The Grantee warrants and represents that it is insured, or self -insured for liability insurance, in accordance with applicable state law and that such insurance or self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 18. PUBLIC ENTITY CRrMES. A. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a)l, 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 GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 8 of 18 FWC Agreement No. 1,4104 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: littpl/www.diti,s.iiiy-fjoricii,i.cofn/btisiness overationsAtate Kirchasing/vendor information/convic ted suspended discriminatory c in taints vendor lists B. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission within 30 days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. C. Certifications and Assurances. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission's Grant Manager a completed copy of the form entitled "Certifications and Assurances," attached hereto and incorporated as Attachment B. This includes the Certification Regarding Public Entity Crimes, 19. VENDORS ON SCRUTINIZED COMPANIES LIST. A. Scrutinized Companies. If this Agreement is in the amount of one (1) million dollars or more, in executing this Agreement, the Grantee certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, F.S., and is not engaged in business operations in Cuba or Syria. B. False Certification — Termination. Pursuant to Subsection 287. '35(r3)(b), F.S., the: Commission may immediately terminate this Agreement for cause if the Grantee is found to have submitted a false certification or if, during the term of the Agreement, the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engages in business operations in Cuba or Syria. C. Cessation of Federal Authority. In the event that federal law ceases to authorize the states, to adopt and enforce the contracting prohibition identified in this paragraph, this provision shall be unit and void to the extent no longer authorized, 20. SPONSORSHIP. As required by Section 286.25, F.S., if the Grantee is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of Florida, Fish and Wildlife Conservation Commission,"' If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Grantee's organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work, 2L PUBLIc RECORDS. A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter It 9, F.S., and made or received by the Grantee in Conjunction with this Agreement, unless exemption for such records is allowable Linder Florida law, B. Pursuant to Section, 119.0701, F.S., the Grantee shall comply with the following: GOVERNMENTAL ENTITY Ver, July 8, 2014 Page 9 of 18 FWC Agreement No. 14104 a. Keep and maintain public records that ordinarily and necessarily would be required by the Commission in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the Commission would provide the records and at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law. C, Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Commission all public records in possession of the Grantee upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the Commission. 22. SECURITY AND CONFIDENTIALITY. The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Grant work, To ensure confidentiality, the Grantee shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant. 23, RECORI) KEEPING REQUIREMENTS. A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of'this Agreement, in accordance with generally accepted accounting principles. B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Grantee's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. C. Grantee Records Retention. Unless otherwise specified in Attachment A, Scope of Work, these records shall be maintained for five (5) years following the close of this Agreement, The Grantee shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request, D. Grantee Responsibility to Include Records Requirements — Subcontractors. M the event any work is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending.gov. Grant recipients awarded a new Federal GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 10 of 18 FWC Agreement No. 14104 grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. 24. FEDERAL AND FLORIDA SINGLE AUDIT AEI' REQuIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Circular A- 133, the Grantee may be subject to the audit requirements ' of the Florida and/or Federal Single Audit Acts, If applicable, the Grantee shall comply with the audit requirements outlined in Attachment C, "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 25. NON -EXPENDABLE PROPERTY. A. Non -Expendable Property Defined. For the requirements of this section of the Agreement, Z� "non -expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non -consumable and non_ expendable nature, with a value or cost of $1,000 or more, and a normal expected life of one year or more; hardback -covered bound books that are circulated to students or the general public, with a value or cost of $25 or more; and uncirculated hardback -covered bound books, with a value or cost of $250 or more). B. Title to Non -Expendable Property. Title (ownership) to all.non-expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A, Scope of Work. 26. FEDERAL FUNDS. No Federal Funds are applied to this Agreement, therefore, the following terms and conditions do not apply, A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. The Grantee shall be responsible for, complying with all federal grant requirements as provided in its grant, a copy of which is attached hereto and made a part hereof as Attachment D. It is understood and agreed that the Grantee is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the awarding federal agency. B. Compliance with Federal Laws, Rules and Regulations. As applicable, the Grantee shall comply with all federal laws, rules, and regulations, including but not limited to. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order It 375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5), (Construction agreements awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other agreements which involve the employment of mechanics or laborers) GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 11 of 18 FWC Agreement No. 14104 All applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h):), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). C. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall comply with the following Office of Management and Budget Circulars: ® A-21 (2 CFR 220), Cost principles for Educational Institutions • A-87 (2 CFR 225), Cost Principles for State, Local, and Indian Tribal Governments • A- 122 (2 CFR 230), Cost Principles for Non -Profit Organizations ® A-133, Audit of States, Local Governments, and Non -Profit Organizations • A- 102, Grants and Cooperative Agreements with State and Local Governments • A-1 10, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Learning, Hospitals, and Other Non -Profit Organizations D. Certifications and Assurances — Drug -Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, and its implementing regulations codified at 29 CFR Part 94, the Grantee will provide a drug -free workplace. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, "Certifications and Assurances." This includes the Drug -Free, Workplace Requirement Certification. E. Trafficking Victims Protection Act of 2000. This federal award is subject to the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g), 2 CFR 175. 15). As such, the awarding federal agency may unilaterally terminate this award without penalty for violations of this Act. If the Grantee is a private entity, the following provision applies to the federal award: You as the recipient, your employees, subrecipients under this award, and subrecipients, employees may not -- a. Engage in severe forms, of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or C. Use forced labor in the performance of the award or subawards under the award. A. Grantee Federal Certification. In accordance with Federal Executive Order 12549, Debarment and Suspension, the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded :From participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who, is similarly debarred or suspended from participating in this covered transaction. B. Grantee Commission Certification. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, Certifications and Assurances. This includes the Certification Regarding Debarment, Suspension, and Other Responsibility Matters. 28. PROHIBITION AGAINST LOBBYING. GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 12 of 18 FWC Agreement No, 1.4104 A. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee,, to any pet -son for influencing or attempting to influence all officer or employee of all agency, a Member of Congress, all officer or employee of Congress, or art employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of ally Federal agreement, grant, or cooperative agreement, The Grantee shall submit Standard Fo,rm-LLL, "Disclosure Form to Report Lobbying". The Grantee shall require the language of this certification to be included in all subcontracts,, and all subcontractors shall certify and disclose accordingly. B. Grantee — Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 50 1 (c)(4) of the Internal Revenue Code of 1986, unless Such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract, C. Prohibition against Using Agreement Funds for the Purpose of Lobbying. III accordance with Section 216.347, F.S., the Grantee: is hereby prohibited from Using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Upon request of the Commission's Inspector General, or other authorized State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility, D. Grantee's Completion of Certifications and Assurances, Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, "Certifications and Assurances." This includes the Certification Regarding Lobbying. 29. AGREEMENT -RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Agreement is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S,, the following statement applies: It is expressly understood and agreed that any articles which are the subject of', or required to carry out, under this contract shall be: purchased from [PRiJSE] 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 hqp-.t7NwjaeLc�L enter. gses.gEg- B. Respect of Florida. In accordance with Subsection 413.036(3), F.&, if a product or service required for the performance of this Agreement is on the procurement list established pursuant to, Subsection 413.035(2), F.S., the following statement applics: GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 13 of 18 FWC Agreement No. 14104 It is expressly understood and agreed that any articles that are the subject of, or required to carry out, under this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(l) and (2), F&; and for purposes of this agreement, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concemed. Additional information about the designated nonprofit agency and the products it offers is available ath Mt.,LL%yw res.iectofflortda.or�. C. Procurement of Recycled Products or Materials. The Grantee agrees to procure any recycled products or materials which are the subject of or are required to carry out this Agreement in accordance with Section 403.7065, F.S. I This agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. The Grantee shall comply with Section 287.05805, F.S. This section requires the Grantee to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A, Scope of Work, 31. PROFESSIONAL SFRVICES. A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services, and is therefore Subject to Section 287,055, F&, the following provision applies: The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this contract and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or il!laking of this contract. B. Termination for Breach. For the breach or violation of this provision, the Commission shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Agreement price, or otherwise recover, the full amount Of Such fee, commission, percentage, gift, or consideration. 32. INDEM N IFI CATION. If the Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., pursuant to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. If the Grantee is not a state agency or subdivision as defined above, the Grantee shall be ftilly liable for the actions of its agents, employees, partners, or Subcontractors and shall fully GOVERNMENTAL ENTITY Ver, July 8, 2014 Page 14 of 18 FTC Agreement No. 14104 indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by the Grantee, its agents, employees, partners, or subcontractors, provided, however, that the Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission, 33. NON-DISCRWINATION. A. Non -Discrimination in Performance. No person, on the grounds, of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement, B. Discriminatory Vendor List. In accordance with Section 287.134, F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. The Grantee, has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. 34. SEVERABILITY, CHOICE OF LAw, AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. 35. No THIRD PARTY RIGHTS. The Parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a Party to this Agreement. 36. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any Party against any other Party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided Linder this Agreement, including but not limited to any claim by the Grantee of quantum meruit. 37. PROHIBITION OF UNAUTHORIZED ALIENs. In accordance with federal Executive Order 96-236, the Commission shall consider the employment by the Grantee of unauthorized aliens a violation of Section 274A(c) of the Irm-nigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly employs unauthorized aliens. 38. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY). A. Requirement to Use E.Verify. Executive Order I I - 116, signed May 27, 2011, by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly require the Grantee to: 1.) utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Grantee during the contract term; and, 2.) include in all subcontracts under this Agreement, the requirement that subcontractors GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 15 of 18 FWC Agreement No, 1.4104 performing work or providing services pursuant to, this contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E-Verify Online. E-Verify is an Internet -based system that allows an employer, using information reported on an employee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding (MOU)-, the responsibilities and elections of federal contractors, however, may vary, as stated in Article ILD, Le. of the MOU. There is no charge to employers to use E-Verify. The Department of Homeland Security's E- Verify system can be found online at http://wwNv,dhs.gov/files/ 1(2grajyjs/ge 1185Z2 — I�L -- _ __ _L671 50.shtrn C. Enrollment in E-Verify. If the Grantee does not have an E-Verify MOU in effect, the Grantee must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement. D. E-Verify Recordkeeping. The Grantee further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Grantee's enrollment in the program. This includes maintaining a copy of proof of the Grantee's and subcontractors' enrollment in the E- Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation menu of the E-Verify employer's homepage). E. Employment Eligibility Verification. Compliance with the terrns of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat a failure to comply as a material breach of the Agreement, 39. FORCE MA,JEURE AND NOTICE OF DELAY FROm FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if Such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In tile case of any delay the Grantee believes is excusable: under this paragraph, Grantee shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within tell (10) calendar day-, after the cause : that creates or will create the delay first arose, if the Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE, FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR Exam WITH RESPECT To DELAY, Providing notice in strict accordance with this paragraph is a condition precedent to Such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify the Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 16 of 18 FWC Agreement No. 14104 ceased to exist, the Grantee shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may terminate the Agreement in whole or in part. 40. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the solicitation. THE REMAINDER OF TINS PAGE IS INTENTIONALLY LEIT BLANK GOVERNMENTAL ENTITY Ver, July 8, 2014 Page 17 of 18 FWC Agreement No. 14104 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 SIGNATURE Name: Title: Date: SIGNATURE Name: Title: Date: Approved as to form and legality by FWC Attorney: SippKTUR Name: Date: Attachments in this Agreement include the following., Attachment A Scope of Work Attachment B Certifications and Assurances Attachment C Requirements of the Federal and Florida Single Audit Acts Attachment D Comptroller Contract Payment Requirements Attachment E Sample Invoice Form Attachment F Project Progress Report For Attachment G Certification, of Completion Form GOVERNMENTAL ENTITY Ver. July 8, 20,14 Page 18 of 18, Attachment A — SCOPE OF fir O,RK I Project Name: I Buoy Replacement at Whale Harbor Sandbar I FWC Contract No. 14104 A. Background: The Whale Harbor Channel area encompasses a number of navigable channels utilized by a high volume of recreational vessels transiting between nearshore waters and the Atlantic Ocean. Interspersed between these channels is a shallow, complex shoal system consisting of dense. seagrass beds. In the mid-90's, this area saw a sharp increase in boating - related use, particularly along the sandy flats known locally as "The Sandbar" that is immediately adjacent to the federally -marked Whale Harbor Channel. As this location became increasing popular as a day anchorage site for partying, numerous user conflicts occurred and a significant number of boating accidents and associated fatalities were documented by FWC Law Enforcement. To protect swimmers and waders, in 2003 Monroe County created a Combustion Vessel Exclusion Zone encompassing the flats adjacent to Whale Harbor Channel. The County installed 80 buoys to mark this regulatory zone. In 2010, the zone was changed to a No Motor Zone to ensure consistency with other federally -established regulatory zones in the Florida Keys. Since the establishment of this zone, the buoys marking the boundaries of the zone have been repeatedly subject to misuse and vandalism, gone missing and reached the end of their useful life. The County has replaced 29 of the 80 buoys. B. Purpose: The purpose of this, project is to replace 51 buoys marking the regulatory zone adjacent to the Whale Harbor Channel with buoys that have the recently -adopted language "No Motor Zone." C. Project Benefits: This project will improve boater understanding of waterway regulations and help protect boaters, swimmers, waders, and seagrasses. A. Term of Agreement: The term of the Agreement includes two phases: Phase 1, Project Construction, and Phase IT, Project Site Management. During Phase I, the Monroe County Board of County Commissioners (Grantee) shall complete the tasks and provide the deliverables described in this Scope of Work. All Phase I activities must be completed by June 3�0,, 2016. During Phase 11, which includes the remaining term of the Agreement, the Grantee shall maintain the project site as a recreational boating access facility open to the public on a first -come, first - served basis, B. Deliverable(:): The Grantee shall provide 51 buoys installed in accordance with Florida "Uniform Waterway Marker Permit 03-016 and Monroe County Ordinance 002-2011. The Grantee shall provide a final report including a photograph of each buoy and the latitude and longitude of each buoy installed pursuant to this agreement. C. Tasks: The Grantee shall provide all labor, equipment and materials to complete the following tasks: I) Remove up to 51 buoys that read "Combustion Vessel Exclusion" 2) Install 51 buoys that read "No Motor Zone" in accordance with Florida Uniform Waterway Marker Permit 03-016 and Monroe County Ordinance 002-2011, 3) If needed, replace damaged or missing helical anchors Page 1 of 4 Attachment A — SCOPE OF WORK � Froject Name: I Buoy Replacement at Whale Harbor Sandbar —T—FWC Contract No. ]14104 0 1 F4 N N Yal -11TUr EX. M A. Commencement of Work: The Grantee shall commence work on Phase I of the Project within 90 days of execution of the Agreement. Failure by the Grantee to begin work shall constitute a breach of the Agreement and may result in termination of the Agreement by the Commission, B. Criteria for Evaluating Successful Completion: The Grantee shall complete the project as described in this, Scope of Work and Florida Boating Improvement Program Application 14-03 1, incorporated herein by reference, according to the approved bid specifications. Failure to complete the project in a satisfactory manner could result in financial consequences as specified heroin. C. Procurement: The Grantee shall procure goods and services through a competitive solicitation process in accordance with Chapter 287, Florida Statutes. The Grantee shall forward one copy of any solicitation to the Commission's Grant Manager for review prior to soliciting for quotations or commencing any work. The Commission's Grant Manager shall have 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. The Grantee shall forward one copy of the bid tabulation, or similar list of responses to the solicitation, along with the award recommendation to the Commission's, Grant Manager D. Acknowledgement: Upon completion of Phase 1, the Grantee, at its expense, shall purchase, erect and maintain a permanent sign, not less than three (3) feet by four (4) feet in size, displaying the Commission's logo acknowledging the Commission and the Florida Boating Improvement Z) 9 Program as a funding source for the Project, Any other form of acknowledgement must be approved by the Commission's Grant Manager. Such acknowledgement shall be maintained for the duration of the Agreement. Failure by the Grantee to maintain such acknowledgement shall be considered a breach of the Agreement. The Grantec'shall provide a draft copy of the acknowledgement sign for approval by the Commission prior to displaying on site. E. Engineering: If applicable, all engineering must be completed by a professional engineer or architect registered in the State of Florida, All work must meet or exceed minimum design standards and guidelines established by all applicable local, state and federal laws. F. Phase 11, Project Site Management. During Phase H, the Grantee shall provide and be responsible for any and all costs associated with the ordinary and routine operations and maintenance of the project site, including any and all personnel, equipment or service and supplies costs beyond the costs approved for reimbursement in Phase I of this Agreement. 11=51i! 1121Z11ill 11�111'• 11 1 1 - MORN, row The Commission may restrict any or all. payment of Program funds for failure to complete the Project as described herein within the timeframe allowed for Phase 1, or for failure to correct any Project deficiencies, as noted in the final Project inspection. During Phase II of the Project, the Grantee shall repay any Program funds received for Phase I for failure to maintain the Project site as a public boating access facility according to the terms and conditions herein for the duration of the Agreement. Page 2 of 4 1proJectName. Buoy Replacement at Whale Harbor Sandbar I FWC Contract No. I14104 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 $38,438. The Grantee shall be reimbursed only for budgeted expenses incurred during the term of Phase I of the Agreement that are directly related to the project. There is no monetary compensation during Phase H. B. Cost Share: The Grantee agrees to provide 25.00% of the total cost for Phase I of the project as indicated in FBIP Grant Application No. 14-03 1. The total compensation by the Commission shall be $38,438, or 75.00% of the total cost for Phase 1, whichever is less. C. Travel Expenses: No travel expenses are authorized under the terms of this agreement. D. Invoice Schedule: The Grantee will submit one request for reimbursement within 30 days after completion of Phase I of the Project, as described herein, and acceptance of deliverables in writing by the Commission's Grant Manager. The Commission shall have 45 working days to inspect and approve goods and services. E. Forms and Documentation. The Grantee shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., L, attached hereto and made a part hereof as Attachment D. The request for reimbursement shall include an invoice in a format similar to Attachment E, Sample Invoice Form, which shall include the FWC Contract Number, the Grantee's Federal Employer Identification (FEID) Number, and indicate the dates of service. The invoice shall be accompanied by a Certification 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. A. Compliance Monitoring and Corrective Actions: The Commission will monitor the Grantee's service delivery to determine if the Grantee has achieved the required level of performance. If the Commission at its sole discretion determines that the Grantee failed to meet any of the Terms and Conditions of this Agreement, the Grantee will be sent a formal written notice. The Grantee shall correct all identified deficiencies within forty-five (45) days, of notice. Failure to meet 100% compliance with all of the Terms and Conditions of this Agreement or failure to correct the deficiencies identified in the notice within the time frame specified may result in delays in payment or termination of this Agreement in accordance with the Termination section. B. Site Inspections. The Commission may inspect the Project site prior to and, if applicable, during the construction of the Project. The Grantee shall notify the Commission"s Grant Manager when the Project has reached substantial completion so that inspection may occur in a tirrieframe allowing ., for the timely submission and processing of the final invoice, The Commission's Grant Manager, or designee, shall inspect the work accomplished on the Project and, if deemed complete and in compliance with the terms of the Agreement, approve the request :For payment. Page 3 of 4 §:; r�' �4�112MM Name: Buoy Replacement' at Whale Harbor Sandbar I FWC Contract No. I]A 1ii4 The Grantee shall allow unencumbered access to the Project site to the Commission, its employees or agent for the duration of the Agreement for the purpose of site visit or inspection to verify the: facility is being maintained, in operation and is open and available to the public. As part of the inspection, the Commission may request maintenance and use information from the Grantee to validate the condition of the facility. C. Project Progress Reports: The Grantee shall submit to the Commission, on a monthly basis, project progress reports outlining the progress of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the Project Progress Report Form attached hereto and made a part hereof as Attachment F. Reports are due to the Commission's Grant Manager by the 15'h of the month immediately following the reporting period until the Certification of Completion is submitted. D. Certification of Completion: Upon completion of Phase 1, the Grant Manager for the Grantee shall sign a Certification of Completion form, Attachment G, attached hereto and made a part hereof, that certifies the Project was completed in accordance with the Scope of Work and the Agreement. �-J= hLIN 9 D1 0 P X10 IL11.1 a 9 tit] 01 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. No additional requirements. Refer to Section 22 of the Agreement. HF M 3 QW11 tH 12012 ICL42 No additional requirements. Refer to Section 23 of the Agreement. The Grantee is not authorized to use funds provided herein for the purchase of any non -expendable equipment or personal property valued at $ 1,000 or more for performance under this Agreement. Refer to Section G, Site Dedication, above in Section 3, Performance, Page 4 of 4 FWC Contract No. 14104 Attachment B CERTIFICATIONS AND ASSURANCES The Commission will not enter this Agreement unless Grantee completes, the CERTIFICATIONS AND ASSURANCES contained in this Attachment. In performance of this Agreement, Grantee provides the following certifications and assurances: A. Debarment and Suspension Certification (2 CFR Part 1400) B. Certification Regarding Lobbying (31 U.S.C. 1352) C. Certification RUarding Public Entity Crimes (section 287.133, F.S. D. Certification Re arding Drug -Free Work lace -Requirements 41 U.S.C. 701.t".se .) (as applicable to recipients and subrecil2ients of federal financial assistance) E. Cerfifleation Regarding the Scrutinized Comganies List (section 287.135'...F.S.) (as applicable) MR of 0 0300 1 1.310 1 Irdil Ky W 101 -MIM W Z111OWN LAKKELVA a] :114 D1 1A V "'r-1106M.0 Ito The undersigned Grantee certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of .Federal or State antitrust statutes or commission of embe72lement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise, criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default. if Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Agreement. B. CERTIFICATION REGARDING LOBBYING — Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned Grantee certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the Ver. September 2013 Page 1 of 4 FWC Contract No. 14104 Attachment B making of any Federal grant, the making of any Federal loan, the entering, into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employees of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub -recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to, a civil penalty of not less than $ 10,000 and not more than $100,000 for each such failure, C. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Grantee hereby certifies that neither it, nor any person or affiliate of Grantee, has been convicted of a Public Entity Crime as defined in section 287.133, F.&, nor placed on the convicted vendor list. Grantee understands and agrees that it is required to inform the Commission immediately upon any change of circumstances regarding this status. D. CERTIFICATION REGARDING DRUG -FREE WGRKPLACE REQUIREMENTS (If Grantee is a Recipient of Subreeipient of Federal Financial Assistance) Pursuant to the Drug -Free Workplace Act of 1988, the undersigned attests and certifies that the Grantee (if not an individual) will provide a drug -free workplace by the following actions: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition, 2. Establishing an ongoing drug -free awareness program to inform employees concerning: a. The dangers of drug abuse in the workplace, bi. The policy of maintaining a drug -free workplace. c. Any available drug counseling, rehabilitation and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Making it a requirement that each employee to be engaged in the performance of the Agreement be given a copy of the statement required by paragraph D. L of this certification. 4. Notifying the employee in the statement required by paragraph DA. of this certification that, as a condition of employment under the Agreement, the employee will: a. Abide by the terms of the statement. Ver. September 2013 Page 2 of 4 FWC Contract No. 14104 Attachment B b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. 5. Notifying the Commission in writing ten (10) calendar days after receiving notice under subparagraph 4.b. from an employee or otherwise receiving actual notice of such conviction. Provide such notice of convicted employees, including position title, to every Grant Manager on whose Grant activity the convicted employee was working. The notice shall include the identification number(s) of each affected Contract or Grant. 6. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph 4.b. herein, with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 as amended. b. Requiring such employee to participate satisfactorily in drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local, health, law enforcement, or other appropriate agency, 7. Making a good faith effort to continue to, maintain a drug -free workplace through implementation of this entire certification. If the Grantee is an individual, the Grantee certifies that- 1. As a condition of the grant, Grantee will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and, 2. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of ,any grant activity, Grantee will report the conviction, in writing, within 10 calendar days of the conviction, to the Commission When notice is made to such a central point, it shall include the identification number(s) of each affected grant. E. CERTIFICATION REGARDING the SCRUTINIZED COMIPANIES LISTS, SECTION 287.135, F.S. If this Grant is in the amount of $1 million or more, in accordance with the requirements of section 287,135, F.S., Grantee hereby certifies that it is not listed on either the Scrutinized Companies, with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, Both Has are created pursuant to section 215.473, F.S. Grantee also hereby certifies that it is not engaged in business operations, is Cuba or Syria. Grantee understands that pursuant to section 287.135, F.S., the submission of a false certification may subject Grantee to civil penalties, attorney's fees, and/or costs. If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Grant. Ver. September 2013 Page 3 of 4 FWC Contract No. 14104 MMIT117M. By signing below, Grantee certifies the representations outlined in parts A through E above are true and correct. (Signature and Title of Authorized Representative) Grantee Date (Street) (City, State, ZIP Code) Ver, September 2013 Page 4 of 4 FWC Contract No. 14104 Attachment C The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor may be subject to audits and/or monitoring by the Commission as described in this attachment. In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on -site visits by the Commission staff or contracted consultants, limited scope audits as defined by ONM Circular A- 133, as revised, and/or other procedures. By entering into this Contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General, F.111 111 A. This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in OM[B Circular A- 13 3, as revised. B. In the event that the Contractor expends $500,000 or more in Federal awards in its fiscal year, the Contractor must have a single or program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 19,96 and OMB Circular A-133, as revised. EXHIBIT I to this Attachment indicates Federal resources awarded through the Commission by this Contract. In determining the Federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Contractor conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part 1, paragraph A. herein, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. Such audits shall cover the entire Contractor's organization for the organization's fiscal year. Compliance findings related to contracts with the Commission shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the OMB A-133 audit reports. Ver. June 2013 Page 1 of 6 E. If not otherwise disclosed as required by section .310(b)(2) of OMB Circular A-] 33, as revised, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. F. If the Contractor expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-] 33, as revised, is not required. In the event that the Contractor expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Conti -actor's resources obtained from other -than Federal entities). G. A web site that provides links to several Federal Single Audit Act resources can be found at: httr):/Ili,irveste�r.cefisLus.gov/sac/s,iiiifo,htinI This part is applicable if the Contractor is a non -state entity as defined by Section 215,97, F.S,, (the Florida Single Audit Act). A. In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Contractor, the Conti -actor must have a State single or project -specific audit for such fiscal year in accordance with Section 215,97, F.S.; applicable rules Of the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550 (local governmental entities) Or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Commission by this Conti -act, In determining the state financial assistance expended in its fiscal year, the Conti -actor shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-thrOLIgh awards and resources received by a non -state entity for Federal program matching requirements, B. In connection with the audit requirements addressed in Part 11, paragraph A herein, the Contractor shall ensure that the audit complies with the requirements of section 215.97(7), F.S. This includes submission of a financial reporting package as defined by section 215,97(2)(d), F.S., and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General. C. If the Contractor expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Contractor expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources ('i.e., the cost of such an audit Must be paid from the Contractor's resources obtained from other -than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: https:Happs.fldfs.coin/fsaa/singleaLiditact.aspx. PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Ver. June 2013 Page 2 of 6 FWC Contract No. 14104 Attachment C Attachment shall be submitted by or on behalf of the Contractor directly to each of the following at the address indicated: 1, The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), ONM Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 12011 East 10'h Street Jeffersonville, IN 4,7132 3. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 13 3, as revised. B. Copies of audit reports for audits conducted in accordance with OMB Circular A433, as revised, and required by Part I of this Attachment (in correspondence accompanying the audit report, indicate the date that the Contractor received the audit report); copies of the reporting package described in Section .320 (d), OMB Circular A-133, as revised, and any management letters issued by the auditor; copies of reports required by Part H of this Attachment must be sent to the Commission at the addresses listed in paragraph c.) below, C. Copies of financial reporting packages required by Part H of this Attachment, including any management letters issued by the auditor, shall be submitted by or on behalf of the Contractor directly to each of the following- 1, The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building III West Madison Street Tallahassee, FL 32399-1450 Ver, June 2013.Page 3 of IWATIWIIIHMIMI Attachment C D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Contract shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Contractors and sub -contractors, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contractor/sub-contractor in correspondence accompanying the reporting package. - End of Attachment C — Ver. June 2013 Page 4 of 6 FWC Contract No. 14104 Attachment C Exhibit I FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: 0 CFDA # CFIA Title Aobnt Total Federal Awards F.117&3 %N NJ X 11 its W11U."1011 W 111,2111 la I kv," VAW. 0 M=00,1111 CFDA # Compliance Requirements . . ......... . .... STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TOTHIS AGREEMENT CONSIST OF THE FOLLOWING: Matching Funds Provided byCFDA CFD# CFDA Title Amount ofA Matching Funds Total Matching Funds Associated with Federal Prograrns Ver, June 2013 Page 5 of 6 State Project(s) CSFA # CSFA Title Amount 77 D06 Florida Boating Improvement Program $38,438M Total State Awards ...... .... 38,438.00 1111013311Y."Vi'Llyn KIM III&VIVIN State Projeelt(s) Conn pliauee;Rulrpme 11 nt, CSFA # Compliance Requirements 77,006 Recipient must comply with the Florida Boating Improvement Program Guidelines,, March 2012. NOTE: Section.400(d) of OMB Circular A- 133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit I be provided to the recipient. REMMMUMM Ver. June 2013 Page 6 of 6 FWC Contract No. 14104 ATTACHMENT D 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 (eg, 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 112.06 1, 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- LO 17, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown., Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or submitted documentation must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the agreement. August 2013 Page 1 of 1 FWC Contract No. 14104 Attachment E • Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 323991-1600 Remit payment to,. Grantee: FEID #: Address: Invoice No, Invoice Date; FWC Contract #: Amount of Grant Award: $ 1M In, -kind Services — Non -cash expenses: In -kind service: Administration Amount $ In -kind service: Project Management In -kind service: Other $ $ Deliverables/Services Provided (Scope of Work) — Cash expenditures: Amount Total Project Cost: $ Grantee Share (_Q/o): - $ Amount for Reimbursement: $ I asiRmaman 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 FWC Contract No. 14104 ATTACHMENT F FLORIDA BOATING IMPROVEME NT PROGRAM PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284. FWC Contract # Grantee: UMMUM Reporting Period (Month/Year): (Due 15 days after the end of each month) 1. Describe progress of project, including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion by Phase I due date? YESEI NOE] Anticipated Phase I completion date: (if project is not on schedule, pleaseexplain any problems encountered and/or possible delays) 3. Reporting requirements: (Check all that have been submitted to date) El Bid package Bid tabulation Progress photographs El Final photographs El Draft acknowledgement Project Manager Print Name - Page 1 of 1 Date Phone 1, representing (Print Name and Title) (Narrie of Local Government) do hereby certify that the Florida Boating Improvement Program project funded by FWC Contract No. has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project, (Signature) (Date) WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s, 775.082 or s. 775.083," § 837.06, Florida Statutes, I certify: That, to the best of my knowledge and belief, the work on the above -named project has been satisfactorily completed under the terms of the Agreement, Division: By: — Name: Title: Date: AMERICAN UNDERWATER CONTRACTORS, INC. Marine & Underwater Construction, Mooring Fields, Waterway Markers, Search a Salvage, StormSoft Elastic Down Lines 17536 SE Conch Bar Avenue Tequesta, FL 33469 Phone 561.575,5538 Fax 561.575.4651 AUCfoster@aot.com TO Mr, Rich Jones/Celia Hitchins Monroe County Resources Office 2798 Overseas Highway, Suite 420 Marathon, FL 33050 COST ESTIMATE DATE: MARCH 14, 2014 RE: Cost Estimate for materials and tabor for 51 buoys and possibly anchors -Whale Harbor Channel QTY I DESCRIPTION UNIT PRICE LINE TOTAL Ocean spar and regular spar buoys, StormSoft down lines and 51 chain down lines as per Monroe County specifications for Whale $ 750.00 $ 38,250,00 Harbor Channel marker buoys Helical embedment anchors, if needed, installed to Monroe 51126 County specifications, Assume at least half can be found, so this $ 500.,00 $ 13,000.00 cost estimate priced a total of 26 anchors SUBTOTAL $ 51,250.00 SALES TAX TOTAL $ 51,250.00