01/23/2020 Agreement FWCµ",Agreement No. 19176
STATE O Ft,Ot IDA
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AGRETMEA,r No. 19176
N/A CFDA No(s) N A
Name of F deraal.A eney(s): Cwlr
....._.._ .__....... ._..... _.
aal Avwitrd 1wNaa(s) �N/ Federal Award"l eaarri(s): 1'`�/A
Federal
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Federal Award Naanw(s): N/A
f.."SI+A Title(s).: Derelict Vessel Removal Grant aG:°SFA 'No(s).. 77005
Staatt Aww°aard No(s).: 19176 State Award Yeaar(s)c 201 -2020
State Award Nararaa . Monroe(-,,"minty, _ .
"° O C iaaaiaty l terc ict Vessel fCetraovaal Project
'['his Agreement is entered into by and between the Florida fish and Wildlife: Conservation Commission,
whose address is 620 South Meridian Street, Tallahassee, 1'lorida 32399-1600, hereafter "Commission," and
Monroe County I3OC..C. , 1�4 117 It 59-6000749, whose address is 2798 Overseas,Highway, Marathon,Florida 33050,
waa4"111°tcEA ,the 0aamnission and Oraainee have paarinered together to reanove derelict vessels from the waters
aof tfae state; aaaad„
Wttf.,ttFr'was,tiraantCC, hats been aawvaarcledi Bulb; Derelict.Vessel Removal Grant 19176; and,
Wttt:ttt.. S, melt benefits are tier°the ultimate good ofthe State oflaloridaa„its resources,wildlife,and public
welfare
Now"I"tttttt:tFttttt;„ thc° t`iatnanission and the Grantee, for the considerations hereafter set forth, agree as
follows:
I. I'tt+Ctat t.c"r I��)t.asc`tt tt�'t tt:aay.
The Grantee shall provide the services and perforin the specific resptaaasibilities and obligations,as set firth
in the Scope of Work, attached hereto as, attachment A and made ar part hereof(hereafter,Scope of Work),
`l"lie Scope of Work specifically identities project tasks and accompanying,detiverables. These deliverables.
must be submitted and approved by the Cwonnnission prior to any payment."I"he Commission will not accept
any deliverable that does not comply with the specified required minimum level of service to be performed
and(lie criteria for evaltiating the successful cornpletion ofeaach deliverable. If this agreement is the result.
ol`Grantee responses to the C."ominission's request for competitive or other grant proposals, the Grantee's
respranse is hereby incorporate(.] by reference.
GRANT - C 0VE'lCl Ml-.N`t`AL ENTITY Ver.January,2018 Page I of20
F'WC Agreement No. 19176
2. PER FO It N1 ANC E.
The Granice shall 1wri6rin the activities described in the Scope ofWork in a proper and satisfactory manner.
Onless otherwise provided for in the Scope of Work,any and all CqUipulent,products or materials necessary
or appropriate it) ped"orin under this Agreement shall be supplied by tile Grantee. Grantee shall obtain all
necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall
tie licensed its necessary to perform under this Agreement as nray be required by law, rule, or regulation;
the Grantee Shall provide evidence of such compliance to the Coliu-nission upon request. The Grantee shall
procure all supplies.in(]pay all charges, fees,taxes and incidentals that may be required for tile completion
of`this Agreenreut, 1.3y acceptance of dais Agreement, the Grantee warrants that it has the capability in all
respects to fully pertbi'm like requirements and the.. integrity and reliability that will assure good-faith
perl6troance as a responsible Grantee. Grantee shall immediately notify the Commission's Grant Manager
in writing if its ability to peribrin under the Agrecritent is compromised in any manner during the term of
tile Agreement. The ("'orurnission 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 comprornised.
3. A(sluxNIENTPERIOD,
A. Agreeirient Period and Conkinission's Limited Obligation to Pay. '['his Agreement is made
pursuant to as grant award and shall Ile effective upon execution by the last Party to sign,and shall
remain in effect through 04J30J2020. however,as authorized by Rule 68-1.003, F.A.C.,referenced
g ant piograuis may execute Agreements Nvith it retroactive start date of no more than sixty (6(l)
days, provided that approval is granted from tile E'xccutive Director or his/her designee and that it
is ill tile best interest of tile Con-unission and State to do so, For this agreement,the retroactive start
thstv, was not approved. fhe Cot ninission's,Grant Manager shall confirm the specific:start date of
the Agreenient. by %witten notice to the Grantee, 'file Grantee shall not be eligible for
tesillbursen'tent of, compensation for grant activities, perlbrined prior to the start date of this
Agreement not after tile end date ot'the Agreernent, ["or this agTCOVIC111, preaward costs are not
eligible fc)r reinibursentent. if necessary,by mutual agreement as evidenced in writing and lawfully
executed by the Parties, air Amendment to this Agreement may be executed to lengthen the
Agreement period.
4. COMPE.NSATION AND PAYNIEN'l S.
A. Coniliensation. As consideration for the services rendered by the Grantee under tile terms of this
Agreement,tile Cc.mirnission shall pay the Grantee on a cost reinibursenient basis in an amount not
it)exceed $48,475.00.
11. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks
identified in Attachment A, Scope of Work, as evidenced by tile 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 tile Commission's
(ii-tititMiitt,,igcr identified ii,illai-agral)li tern(IO),bcl()Nv. Unless otherwise specified in the Scope of
Work, invoices shall be dare monthly,commencing from the start date of this Agreement. Invoices
111LUS"t be legible and trinst clearly reflect the Deliverables that were provided in accordance with the
terms of the Agreernent for tile: 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
tile expiration date of this Agreement to assure the availability of funds for payment. Further,
pursuant to Section 215,971(l)(d), F.S., the Commission may only reimburse tile Grantee for
allowable costs resulting tronr obligations incurred during the agreement period specified in
Paragraph three(3),
6'RANT 60VERNMI'�'N'J'Al. ENTITY V'er.January, 2018 page 2 of 20
FWC Agreement No. 19176
C. Invoices. Each invoice shall irielude the Commission Agreement Number and tile Grantee's
Federal f�niploycr Identification (I"FAD) Number. invoices, with supporting documentation, may
be submitted electronically to the attention of tile Commission's, Grant Manager identified in
paragraph tell(10),below. It'submitting hard copies,all original and two(2)copies of the invoice,
plus all supporting documentation, shall be submitted. All bills for arnounts due under this
Agreement shall be StIbIllutCLI it) detail sufficient for as proper pre-audit and post-audit thereof.
Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking
d oc tittle litat iol I necessary toJustil invoice(]expenses,
D. match. purstlant(o grant program guidelines,the Grantee is riot required to contribute non-federal
match towards this Agreement, 11'applicable, details regarding specific inatch requirements are
included in Attachn'Nent A, Scope ol'Work,
I"'. TrUM EXIICIISCN. It' authorized in Attachment A, Scope of Work, travel expenses shall be,
rcimhursed in accordance with Section 112 J)6 1, F Si.
F. Slate Obligatioll to Pay. 'I lie State of Florida's 1wrl'ormance and obligation to pay under this
Agreement is contingent upon all annual appropriation and authorization to spend by the
Levishlttlre. The Ilarties, hereto understand that this Agreement is not a commitment to future
appropriations, but is sub,ject to appropriation and authority to spend provided by the Legislature.
The ("'cal lilt issi ol I shall be the final authority as to tile availability of funds for this Agreement,and
,aj, to what constitutes all offunds to cornplete this Agreement, If such funds
are not appropriated or available for the Agreernent purpose,SLICII event will not constitute a default
on behalf of file Commission or tile State. 'the Coininission's Grant Manager shall notily tile
(irantee in writing at tile earliest possible tittle if funds are not appropriated or available,
G. Noti-Competilive Procurement and Rate of Payment. Section 216,3475, F.S., requires that
under milli ct,'mipetitive procurements,a(iraittee may not receive a rate ol'payment in excess ofthe
competitive prevailing rate tor those services unless expressly authorized in the General
Appropriations Act. 11' applicable, Grantee warrants, by execution of this Agreement, that the
amount ot'llon-competitive compensation provided in this Agreement is it)compliance with Section
2163475, F S.
If. Time Limits for Payment of Invoices. payments shall be made in accordance with Sections
215,422 aid 287.O585, F.S., whiell govern tirne limits For payment of invoices. Section 215.422,
F.S. provides that agencies have five(5)working days to inspect and approve Deliverables, unless
the Scope ot'Work specifies otherwise. lt'l)ayiiietitistiotiivailablewitiiiii forty(40)days,,iiieasured
from tile hitter ofthe 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 Si., will be due and payable in addition to the invoice arnount. Invoices returned
to au Grantee due Io pleparation errors will result in a,payment delay. Ira voice payment requirements
do not start until as properly completed invoice is provide(] to the agency.
1. Electronic Funds Transfer. Grimace agrees to enroll in Electronic Funds Transfer(ETT),offered
by the State's Chief Financial Officer, within thirty(30)days ofthe date the last Party has signed
this Agreement, Copies of the Authorization filrin and a sample blank enrollment letter can be
found on the vendor institiction page ac
deposit web/Vendors.litin
(114ANT - GOVE.IMMENTAL, F"NTITY Ver,January, 2018 Page 3 oft
FWC Agreement No. 19176
Questions, should be directed to tile State of' Florida's 14"FT Section at (850) 413-5517. Once
enrolled, invoice payments will be made by EFT,
J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for
vendors who n-kay be experiencing problems in obtaining timely payment(s) From a State agency,
may he contacted at(850)4 13-SS 16 or by calling tile Chieffinancial Officer's hotline,(800)342-
2762.
5. RETURN OR
A� Overtiaytiiclitt(.* (,wt°itillee. Pursuant to ;Section 215,9 7 1(1)(c)&(t), F.S., the Grantee shal I return
to the. (:"lonunission till), overpayments due to unearned Funds or funds disallowed pursuant to the
terms of this Agrecinent that were disbursed to (3rantee by the Corninission. In the event tile
Orantee or its independent auditor discovers that overpayment has, been made, the Grantee shall
repay said overpayment with;lj tbrty (40) calendar days without prior notification frorn the
Commission. In tile event the Commission first discovers all overpayrnent has been made, the
C"onlinissioll will notily the Grantee in writing. Should repayment not be made in as timely manner,
tile Corninission shall be entitled to charge interest at the lawful rate of interest established pursuant
to Section 55.03(1), [',S,, oil the outstanding balance beginning forty(40) calendar days after the
chute ol'iit)tiiicatioikoiAtliscover)t. Refunds should be sent to the Commission's Grant Manager,and
made payable to the"The Florida Fish and Wildlife Conservation Commission."
B. Addifional Costs or Monetary Loss Resulting from(grantee Nan-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 I'Aorida ter the extent allowed by Florida I,aw, the Commission can
recoup that cost or loss front monies owed to the Grantee tinder this Agreement or any other
agreconent between Grantee and tile Commission, In the event the discovery of this cost or loss
arises when no nionics are available tinder this Agreement or any other agreement between tile
6rantee and [tic Commission, the Granice will repay such cost or loss in full to the Commission
within thirty(30)days of the date of notice of tile arnount owed,,unless the Commission agrees, in
writing, to an alternative tinictrame, If the Grantee is unable to repay any cost or loss to the
C'munlission, the Connnission Shall notify the State of Florida, Department of Pinancial Services,
for resolution pursuant to Section 17.0415, F.S.
6. COMMISSION EXEMPTFROM TAXES,PROPERTY EXEMPT FROM LIEN.
A. Commission Exempt froul Taxes. 1,11C Grantee recognizes that the State of Florida, by virtue of
its sovereignty, is not required to pay any taxes on file services or goods purchased under the terms
ot"this Agreement. 6rantee is placed oil notice that this exemption generally does not apply to
nongove rill I willa I entity recipients, subrecipients, contractors, or subcontractors,, Any questions
regi.irding this tax exemption should be addressed to the Commission Grant Manager.
11. Property Exempt kolu Lien. If the Grant involves the improvement of real property titled to the
State of Florida, then the following,paragraph applies:
The Grantee acknowledges that Property being improved is titled to tile State of Florida,
and is not subject to lien ofany kind for any reason. The Grantee shall include notice of
such exemptions in any subcontracts and purchase orders issued hereunder.
(A(ANT - GOVERNNIFINTAI., ENTITY Ver. January,,2018 Page 4 of 20
FWC Agreement No. 19176
7. MONITORINt..
The Commissions Grant Manager shall actively monitor the(1rantee's performance and compliance with
the terins of this Agreement. The Commission reserves the right for any Commission staff to make
scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal
monitoring ternisand conditions are found in Attachment B,Audit Requirements. Additionally,monitoring
terms,conditions, and schedules may be included in Attachment A, Scope of Work.
8. TERMINATION.
A. Commission Termination. "fine Commission may unilaterally terminate this Agreement for
convenience by providing the Grantee with thirty(30)calendar days ol"written notice of`its intent
to terminate, The(irantee shall not be entitled to recover any cancellation charges or lost profits.
,jrb,(.iralitcc may request termination of the Agreement for convenience.
It. Termination -- Fraud or Willful Misconduct. 'rhis Agreement shall terminate immediately in
the event of fraud or willful misconduct, lit the event of such termination, the Commission shall
provide the Grantee will) written notice ofterinination.
C. TerminationOther. The(11cmunission may terminate this Agreement if the Grantee fails to: 1)
comply with all terms and conditions of this Agreement; 2.) produce each deliverable within tile
finie specified by the Agreement or extension; 3.1 maintain adequate progress, thus endangering
the perk)rniance of (lie Agreement; or, 4) abide by any statutory, regulatory, or licensing
requirement. Rule 60A 1.00(a(3),F.A.C.,governs the procedure and consequences for default. The
rights and rentedics ofthe Commission in this clause are in addition to any ollicr rights and remedies
provided by law or under (lie Agreement. The Grantee shall riot be entitled to recover any
cancellation charges oi- lost Profits.
D. Termination - Funds Unavailability. lit the event funds to finatice this Agreement become
unavailable or iflederal or state funds upon which this Agreement is dependent are withdrawn or
redirected, the Cotinnission, litay terminate this Agreertient upon no less than twenty-four (24)
Mamas' notice ni writing to the Grantee. Said notice shall be delivered by certified mail, return
receipt requested or in person with proof ot'delivery, The Commission shall be the final authority
as it) file 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
(his provisicm,the Grantee will be compensated for any work satislitctorily completed and any nori-
cancellable obligations properly incurred prior to notification of termination,
E. G'rautcc Discoutinuation, of Activities upon Termination Notice. Upon receipt of notice of
termination, [lie Grantee shall, unless the notice directs otherwise, immediately discontinue all
activities authorited hereunder. Upon termination of this Agreement, the Grantee shall promptly
render it) the Conunissicni all property belonging to the Conunission. 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 Conitnission.
9. I&Mf:n1t.S.
A. Financial Consequences. lit accordance with Sections 215.97](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 mininiuni level of service to be performed and the criteria for evaluating the successful
completion of each deliverable, If glue Grantee fails to produce each deliverable within the time
GRANT—GOVEANNIENTAL EXTITY Ver. January, 2018 Page 5 of 201
FWC Agreement No. 19176
Irarne slieeitied by the Scope of Work, the budget aniount allocated for that deliverable will be
deducted from the Grantee's payment, In addition, pursuant to Section 215.971(1)(c), the
C',ornmission sliall apply any additional Financial consequences, identified in the Scope of Work.
It. 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.
Naric,,KS AND C"ORRESPONDE'NCE.
Any and all notices shall lie delivered to the individuals identified below. In the event that either Party
designates it dill rent C-irarit Manager alter the execution ofthis Agreement, the Party will provide written
notice: of lire name, address, zip code, telephone and tax 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 soot)
its possible, but not later than live (5) business clays after the new Grant Manager has been named. A
designation ol'a new(irant Manager shall not require a fbmial amendment to the Agreement,
FOR,1,111v COMMISSION: FORT11E GRANTEE—
Cirant Manager Grant Manager
Phil I lortling Celia Hitchins
Derelict Vessel Program Administrator Monroe County BOCC,Dept of Marine Resources
Fish and Wildlif;C'onservation Conunission Senior Administrator,Marine Resources Office
620 S. Meridian Street, Room 2351 2798 Overseas Ilighway Suite 420
Falhahassee, Florida 32399 Marathon, Florida 33050
(8 50)6 IT 9540 1)i rect (305)289�-250S Office
(8150)488-9284 Fax (305)289'-2536 Fax
Phil.] I litchiris-celia(uPMOI)TOeCOLinty-fl,gov
H. AMENDMENT.
A. Waiver or Modification. No waiver or modification of this Agreement or of' any covenant,
condition, or limitation herein contained shall be valid unless in writing and lawfully executed by
the Parties.
It. Change Orders. The Conniiission inay, at any time, by written order, make a change to this
Agreement. Such changes are subJect to the truitual 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 Aniendinent. Minor changes, such as those updating a Party's contact infortnation, may be
accomplished by a Modification,
C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this
Agreen-tent if federal and/or state revisions of"any applicable laws or regulations,make changes in
(lie Agreement necessary,
12. 11110PERTV RIGIITS.
It' this Agreement includes Federal funds, the provisions of Sections 200.3 10-200.316, OMB Uniform
Gukhince(2 ("IFR 200),and any language addressing Federal rights,apply,
GRANT , (J0VFRNMJ'a'NTAI, F"NTITY Ver.January,2018 Page 6 of 20
FWC A greernen t No. 19 176
A. Intellectual and Other Intangible Property,
Graillec's 11reexisting Intellectual Proper-ty(Proprietary) Rights. Unless specifically
addressed in the Altachluent A, Scope of"Work, intellectual and other intangible property
rights to the Grantee's preexisting property will remain with the Grantee.
ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale,
licensing, marketing or other aulhoriziuion related to any intellectual and other intangible
property right Created or otherwise developed by the Grantee under this Agreement for the
Commission shall be handled in the manner specified by the applicable Florida State
Statute and/or Federal program,requirements.
iii. Cont 1,11 issio 11 Intellectual Property Rights. Where activities supported by this Agreertient
produce original writing, sound recordings, pictorial reproductions, drawings or other
graphic representations and works ol"any similar nature, the Commission and the State of
Florida have the unlimited, royalty-tree, 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 Connnission to do so,, If this Agreement is
supported by lederal hands,, lite 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 cadgers to do,so,
It. Purchase or Insprovernent of Real Property
This agreement is not for tile purchase or improvement of real property, therefore, the following
ternis and conditions do not apply.
i. FederaIll'unds. Any Federal funds provided for tile purchase of or improvements to real
property are Subject to the Property Standards(,A'Sections 200.310-200,316,and 200.329,
OMB Unifornk Guidance(2(114,200), as,amended.
ii. Title. If this agreement is supported'by state funds,the Grantee shall comply with,Section
297.05805,FS. This section requires(fie Grantee to grant a security interest in the property
to like State of Florida, the type and details of which are provided for in Attachment A,
Scope of' Work. T'itle to state-owned real property remains vested in the state. Title to
federally-owned real property remains vested in [fie Federal government in accordance
with the provisions of Section 200.3 12,OMB(Jniform Guidance(2 CIT 20t1),as amended,
iii, Use. Federally-owned real property will be used tbr the originally authorized purpose as
long as needed for that purpose in accordance with Section 200.311, OMB Uniform
(Juidance(2 CAA 200). State-owned real property will be used as provided in Attachment
A, Scope ol"Work.
C'. Non-Eij)endable Property. The following provisions, apply to the: extent that the grant allows the
acquisition oftion-expendable property.
i, Non-Expendable Property Defined. For the requirements of this section of the
Agreement, "non-expendable property" is the same as "property" as defined in Section
273A)2, F S. (equipinent, fixtures, and other tangible personal property of a non-
constanable and non-expendable nature, with a value or cost of$1,000.00 or more, and a
normal expected life of'one (1) year or more; hardback-covered bound books that are
(IRANT - GOVE11tNMENTAI. ENTITY e'er.January, 2018 Page 7 of 20
FWC Agreement No. 19176
enculated it) students or the general public, with as value or cost of$25.00 or more; and
uncirculated luirdback-covered bound books, with a value or cost of 5250.00 or more),
ii. Title to Non-Expe if dable Property. Title (ownership) to all non-expendable property
acquired with finids firom this Agreement shall be vested in the Commission and said
prol)crty shall lie lranst'errcd to the, Conunission upon completion or termination of the
Agreement unless otherwise authorized in writing by the Commission or unless otherwise
specifically provided for in Attachnient A, Scope of Work,
1). Equipment and Supplies. The following provisions apply to the extent that the grant allows The
ac(loisnion ofcquipment and Supplies,
i. Title - Etluipinenl. Title it) equipment acquired under a Federal award will vest upon
acquisition in the non-Federal entity in accordance with Sections 200.3 13 and 2001,314,
OMH Uniform Guidance(2 CFR 200).
ii. Title - Supplies. Title to Supplies will vest in the non-Federal entity upon acquisition.
Unused supplies exceeding S5,000.00 in total aggregate value upon termination or
Completion of the project or lirograiii are subject to Section 200.314, OMB Uniform
(itsidance.
iii. Use F(juip ment. l"Aluipment must be used by the non-Federal entity in the program or
Project tbr which it was acquired as long, as needed
1; . RELAI IONS111POP-1 IIEPARTAtCS.
A Independent Grautm The Grantee shall perlorm as an independent grantee and not as an agent,
lepicsciltativc, 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 (lie
pel-161-mance ot,services re(J"ired, Each Party hereto covenants that there is no conflict of interest
or any other prohibited relationship between (lie Grantee all(]the Conitnissiom
11. C ra[It cc Tra ini fig and Q uali flea I ions. Grantee agrees that all Grantee employees,subcontractors,
or agents performing Nvork under the Agreement shall be properly trained technicians whoa ineet or
exceed any Specified training qualifications. Upon request, Grantee shall furnish a copy of*
technical certification or other proof'of(jualification.
C% ("ommission Security. All employees, subcontractors, or agents perfonning work under the
Agreement must comply with all security and adininistrative 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(lie Corninission's other requirements. Such relusal shall not relieve Grantee of its obligation
to perl"orm all work in compliance with the Agreement. The Commission, in coordination with the
Grantee,may rtject and bar from any fiacility Im cause any of Grantee's employees,subcontractors,
or agents,
1). Conrintission Rights to Assign or Transfer. The(Irantee agrees that (lie State of Florida shall at
all firnes be entitled to assign or transfer its, rights, duties, or obligations under this Agreement to
GRANT (.iOVERNMENTAL VINTH Y Ver,January, 2018 page 8,of 20
FWC Agreement No. 19176
aitotlier governmemal ageiicy in file State of' Florida, Up011 giving; prior written notice to tile
("iralact,
E. ("'oul III iss ioll Rights (o Undertake anti Award Supplemental Agreements. Grantee agrees that
ilic Commission ukay undertake or award SUpPIC111011al agreements for work related to the
Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the
Conunissic)ll in all such cases.
14. SUBCONTRACA'S.
A. Authority. Grantee is permitted to subcontract work under this Agmement; therefore, theTollowing
terms and, conditions apply, The Grantee shall ensure, and provide assurances to the Commission
U11011 I-C(JUCSI, that any subcontractor selected for work under this Agreement has the necessary
qualifications all(] abilities to perform in accordance with the terms and conditions of this Agreement.
The (hantee must provide lite Commission with the runnes of any subcontractor considered for work
under-'this Agrecuient I- the Coolmissiou in coordintition with the Grantee reserves the right to reject any
subconiractor. The Grantee agrees to be responsible for all work perforaled and all expenses incurred
With the project, Ally SUbcoturacl arrangements must be evidenced by a written document available to
the(,,I olunlission upoll reqJJeSl, 11rhe Grantee Further agrees that the(I-orritnission shall not be liable to the
extelli allowed by law, liabilities incurred under the subcontract
and the Oralitce shall be solely liable to the subcontractor lot-all expenses and liabilities incurred under
the
W Grantee Payrnents to Subcontractor. I I's ubcoul racting is pernlitted pursuant to Paragraph A,above,
Owitee agrees to stiake payments it) the subcontractor upon completion of work and submitted invoice
in acc(jdauce with the colitract between the Grantee and subcontractor. Failure to rnake payment
Pkilsuant to any subconn act,will result in a penalty charged against(Irantee and paid to thestibcontractor
in the amount ofone,hall'ol'one percent(0,50%)ofthe amount due per day from the expiration ofthe
period allowed herein fior payluCilt. Such lierralty shall be in addition to actual payments owed and shall
not exceed fifteen perecut (15%)ofthe outstandhig balance due."
C. colninission Right to Reject Subcontractor Employees. The Commission in coordination with
Grantee shall retain the right to reject any of file Grantee's or subcontractor's employees whose
qualificafitlus or performance, ill (Ile(',oiiiiiiissit)ii's.iudgi,neiit,are insufficient.
1). Subcontractor, as Independent Contractor. 11'subcontracting; is permitted pursuant to Paragraph A
above, (lie 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,
servillit'joint venturer, or partner ofthe State ol'Florida,
is. MANI)A'1'011�' l)IS(.t-OSUIII:-.*-
These disclosures are re(Ittil,ed by State law, as indicated,, and apply, when this Agreement includes State
funding- and by Federal law,ais indicated, ,,aid apply when the Agreement includes a Federal award.
A. Disclosure ofluterested State Frupfoyces and Conflict of Interest. This Agreement is subiect
to (liapter 1 12, 1�.S. Grantee shall provide the nairle ol'any officer, director, employee, or other
agent Who is affiliated will] this project and an employee ofthe State ol'I'lorida, Ifthe Agreement
includes as Federal award, then the Agreement is also subi,ect to Section 200.112, OMB Uniform
GUiLhluCC (2 Cl,'R 200)� (irantee must disclose, in writing,any potential conflict of interest to the
(-'onnnission in accordaitce,with applicable Federal awarding agency policy,
GRAN'l - (A)VERNMIW[Al. ENTITY Ver.January, 2018 Page 9 ol'20
FWC Agreement No,, 19176
B. Cunvicited 'Vendors, Orantee hereby certifies that neither it,nor any person or affiliate of Grantee,
lars hecri convicted ol'a Public Entity Crime as defined in section 287,133, F.S.,nor placed on the
conviewd vendor list, Orantee shall have as continuing obligation tea disclose, to the Commission,
in writing, rf it, its principals, recipient, sul')recipient, contractor, or subcontractor, are on tile
convicted vendors list itutinlained by the Florida Department of Management Services pursuant to
Section 2U i 33(i)(d),
i. Convicted Vendor List. Pursuant to Subsection 287'.133(2)�(a), F.S,a person or affiliate
who has been placed oil the convicted vendor list following as conviction for a public entity
crime may not be awarded or, perform work as, a Grantee, supplier, subcontractor or
consultant urldei a contract with any public entity and may not transact business with ally
public entity ill excess of' the threshold antoitint provided in Section 287.017, 1�.S., for
(.,atcpo r 11,y ,,o for a period cif thirty-six (36) nionths fi-orn th d e ate ol'being placed of) tire
convicted vendor list, The State ot'Florida, Department of Management Services,Division
ol,Slate Purchasing provides listings for convicted, suspended,discriminatory and federal
cxcluded parties, as Nvell as the ventlor complaint list at:
1pei-atiotis/�t4te_jlurdiasiiiglvci,idor inforniatiml/co
nvicted s...u......s...peilded 31iweu utuarralttruy.. out pigints vendor lists
ii. Notice of Conviction of Public Entity, Critue. Any personi must notify the Departnient
of Managenient Services and the (,!oirunissioin, ill writing, within thirty (30) days after
conviction ol'a public entity crime applicable to that person or all affiliate of that person as
defined ill Section 281.133, F.S.
Vendors on Scrutinized Companies List.
i,, Scrutinized Collipallies. ("Ilranice certifies that it and any of its affiliates are riot
Scrutinized corliparlics as identified in Section 287.135, 1�',S. In addition,Girantee agrees
to ollserve the requirements ol'Section 287.135, F.S, ft)r applicable SUb-agreements
entered into for tile peribrinance ol'work under this Agreement, Pursuard to Section
287.135, F.S., the C'onimission may ininlethately terminate this Agreement for cause if'
ill(:(Arall(ce, its ad"iliates, or its subcontractors are found to have submitted a false
certification, (u, ifthe Grantee, its affiliates,or its subcontractors tire placed oil any
applicable scrutinized Collipairics list or engaged in prohibited contracting activity during
the: tetill ol'the Agreement. As provided ill Subsection 287,135(8), F.S., iffederal law
Ceases to authorize these contracting prohibitions then they shall becorne inoperative,
D Discrinlillatory VC11(lors. Grantee shall disclose to the C.onurvission, in writing, if they, their
snbrecipicra,contractor,(it,subcontractor,are on the Discrinlinatory Vendor List maintained by the
Florida Department of Mallagentent Services pursuant to Section 287'.134(3)(d),F,S,"Air entity or
affili,,Ile who has been place(] on the discriminatory vendor list may not submit a bid, proposal, or
reply oll a contract to provide any goods or services to a public entity; may not subrilit a bid,
proposal,or reply can a contract with a public entity lot-the construction or repair ol'a public building
or public work; usay ma submit bids, proposals, or replies can leases of`real property to a public
entity, may not be awarded or perilorm work as,a contractor,supplier,subcontractor,or consultant
ruider a contract with ally public entity; and may not transact business with any public entity."
Section 281.1 34(2)(a), F.S.. Grantee has a continuing duty to disclose to the Commission whether
they appear on the discriminatory vendor list,
E. Prorript Disclosure (01'Litigation, Investigations,Arbitration,or AtInflnistrative Proceedings.
Through("na tile term of[tic agreement, tire(Irantee has a continuing duty to promptly disclose to
(JRANT GOVL1RNMI.1NTA1- 1::N'TITY Ver.January,2019 Page 10 ot'20
FWCAgreement No. 19176
tile (,'ommission's Giant Manager, in writing, upon occurrence, all civil or criminal litigation,
ilivestigalions, arbitration, oradministrative proceedings(I Irocced i ngs)relating to or affecting the
Graince's ability to lwrforni under this agreerilel& ll'the existence ot'such Proceeding causes the
concem that the Orantee's ahility or willingness to perfon'll the Agreement is
01pal(fi/ed, the Grantee may be re(p6red to provide tire (.2ommission with reasonable assurances
to dc"mitstirmc thar o0 tile(irantee, will be able to perlbrin the Agreement in accordance with its
terins atiLl Conditions, and,1),)Grantee and/or its employees or agents have not and will not engage
in colidud In pert,61,111ing Services 1,61- the Commission which is siniflar in nature to tile conduct
alleged in such Proceeding,
K Certain Violations offederal Criminal Law. It'this agreement includes a Federal award,then ill
accor(hince with 1,,'ection 200113, OMB I J niforrit Guidance (2 CT'R 200i), Grantee Inust disclose,
in a tinlLAY limilner, in wrilirig io time. Ct mull ission all violations of'Federal criminal law involving
tlalid, or graillity Violations potentially affecting the Federal award.
W INSURANCI,*..
Hte(hantee, warrants and replescrus that i:t is insured,Or self-insured fior liability insurance, in accordance
with applicable state law and that such insuiarice or seff-insurance offers protection applicable to time
(;Iantee's I d,ficers,empk�yces,servants kind agents while acting within the scope oftheir employment with
tire Oralnee.
17. SPONSORS1111'.
As requiied by Section 286.25, V.S., il'any recipient, subrecipient, contractor or subcontractor under this
glans is as siongovermucilial organization Which sponsors it prograrn financed wholly or in part by state
funds, ilichiding any liulds obtained dirmigh (his Agireement, it shall, in publicizing, advet-tising, or
ticscribing(lie sponsorship of,the progralls, stale: -Sponsored by((irantee's name)and tire State of'Florida,
Fish mal WildWe Ctmscrvatioll Commission." if the sponsorship reCerence is in written niaterial,the words
-Slalc of Florida, Kish and Wildliti:Collservatioll Cmnniission"shall appear in the same size letters or type
as the, name cal the Glalace's organizAtfion. Additional sponsorship tecluirements may he specified in
Attachitiew A, Scqw, of Work,,
11t,mim, Ut"'CORDS,
A. This Agreement may be tmilaterally canceled by the C otriniission for refusal by the Grantee to
allow public aecess to all documents, pallers, letters, or other niaterial subject to the provisions of
Chapter I 19, F,S ,and made or received by the Grantee in coillunction with this Agreement,unless
exemptioll lor such records is allowable under Florida law.
It. lf,the(Ii-alltee meets(lie delinilion of"'Conlractor"tit'Section I M0701(1)(a)F.S.,the Grantee shall
comply wilh the fidlowing:
i, 114' '11"HE (."ON"FRACTOR HAS QUESTIONS REGARDING
Tiff.1 APPLICA"FION OF 'FHE CI,I,APTER 1.19, FLORIDA
STATUE'S, TO THE CON TRACTOWS DUTY `FO PROVIDE
RICCORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF' PUBLIC RECORDS AT:
850-488-6553, llecordsC'iistodiatiL&mvfwc.coin, and 620 South
Meridian Street, Tallahassee FL 32399
6RANI c iO4"ERNMEINI'A1., EN I I YY Ver. .1alluary, 2018 Page 11 of'' 0
F WC'Agreement No. 19176
ii, Keep and maintain public records required by (lie Commission to perfortu tile service.
iii. Upon request from tile Commission's custodian of public records, provide the
(I onuilission Willi it Copy of'the requested records or allow the records to be inspected
or copied within as reasonable tinie at a cost that does not exceed tile cost provided in
(Alaplei 119, J`-S- or as otherwise provided by law,
iv. 1,,'nsure that public records that are exempt or confidential and exempt from public
records,disclosine requirements are rat disclosed except as authorized by law for the
duration oft-he contract term and following completion of the contract if the Contractor
does not transf r the records to the Commission.
V. I)Poll Completion of time contract transfer, at no cost, to the (--'ormuission all public
records in possession of the Contractor or keep and maintain public records required
by tile If tile Contractor transfers all public records
It's lice Collu'llissioll uproar completion of the contract, the Contractor shall destroy any
dtiplicate public records That are exempt or confidential and exempt froin public
rccor&sr disclosure requirements. If the C',outractor keeps and inaintains public records,
t1poll Conripletion of,the contract,the("cartractor shall tweet all applicable requirernents
l6r retaining public records. All records stored electronically must be provided to tile
Conlinissioll, upon retIttest fron't tile Connnission's custodian of public records, in a
formal than is compatible With trite intbrination technology systems of the Corturlission.
14). C,O0Pl,A4ATJ0N MA I I I NSPEA"TOR GENERA I-
Putsuant to silbsection 20,055(5), V,S,,Grantee, and any subcontractor to the Orainee,understand arid will
C0111ply with then- (July, it) coolle'ritle Willi tile Inspector (ienenal in any investigation, audit, inspection,
or bearing Upon reqncst of the Inspector 6encral or any other authorized State official, the
6ralace Shall la-twide any type, (.it inl6rination the Inspector General deems relevant to the Grantee's
integrity or responsjbijny.Such Information may include,but shall not be limited to,the Grantee's business
or fillancial Iccotcls, documents, or files ol'any type or flown that refer to or relate it) the Agreement.The
61-aluee agices ut teiniburse the State lot- the reasonable costs of investigation incurred by the Inspector
Ocner,al or other tuborized State official liar investigations ol'the Grantee's compliance with the terms of
this orany either agreement between the Grantee and the State which results in the:.s,tispeiisioiiordebaniierit
of file (iralnec, Such costs (,,hall include, but ,hall not be limited to: salaries of investigators, including
overtime,, travel and lodguig expenses-, and expert witness and documentary ices..
20�. S E�CU It rl V A N 1)CO N JA 1)ENTI A 1,11 V.
The Grantee shall not (fivulge to third parties any clearly marked confidential information obtained by the
Graince or its agents, disiributors, resellers, subcontractors,, officers or employees in tile course of
perf6rining, Grant work. To ensure confidentiality, tile Grantee shall, take appropriate steps regarding its
pCt'solincl,al"'Clus, and Subcontractors, The warranties of this paragraph shall survive the Grant.
2L RP,,C1(IRD,KEETING R1,A)UMENIt"NIS.
A. Grantee Respinisibilities. The Grainec shall maintain accurate books,records,documents and other
evidence that sill,ficiently and properly reflect all direct kind indirect costs ofany nature expended in
the perliji inance ofthis Agreement, in accordance with generally accepted accounting principles.
B. State Access fit Grawee Hooks, Documents, Papers, and Rectwds. The Grantee Shall allow the
Commission, file Chief Financial Officcr elf the Suite of Florida, the Auditor General of tile Slate of
I"Naida, the Florida Office(&Program Policy Analysis and Government Accountability or authorized
lClucs'eWalives of flic stale or 1'edcral government to have access to any of tile Grantee's books,
doc,innews, papers, atid records, including electronic storage media, as dicy truly relate to this
iRAM - GOVERNNIFIN I At, EN I 11ILY Vcr, January, 2019 Page 12 of 20
F`WC Agreement No . 19176
Agreentent, for the purposes of conducting audits or examinations or making excerpts or
lizinscripi iolls.
C. G'rmitee Records Retention. Unless otherwise stilteified in file Scope of" ork, these records shall
he omillfailled tot, five (5) fiscal years following the close of this Agreement, or the period required
1,61 this partictilar type, of project by the: General Records Schedules rnaintained by the F`Iorida
Oepal tillent (d State (available at: litil):Hdos.ti,iyiloritiacotii/library-a.refiives/records-
records-schedoles/), Whichever is longer. Grantee shall cooperate with tile
Commission to fac"ifilliale, the chiplication all(] transfer(A'such records upon the Commission's request.
I i. GrIMUT lICNI)ODSibility to include Records Requirements—Subcontractors. In the event any work
is subcomracled under this Agreemem, the O,amec shall include the affirententioned audit and record
kccphlv,re quircillents ill all �'ubseqtlent contracts.
V, Complialive with Vederal Ia kmding Accountability and Transparency. Any fiederal foods awarded
LIMICT this Agreement iolust Comply Witt) tile Federal Funding Accountability and Transparency Act
(VI'M A)ot'2006, [he intent of the;FFATA is to empower every American with the ability to hold the
goverlillicill accounilable lair each spending decision, The result is to reduce Nvasteful spending ill the
p,overniticill. Hlc FFATA legislation re(JUilTS that information on federal awards (Federal financial
assisumcc imd expenditures) be made available to the public via a single, searchable website:
I �SAS'p�jtdhiggqy� Grant recipients as it new F`ederal grant greater than or equal%YYY j
to S25,000.001 amirded oil or alter October 1, 2010 are subject to the I'l-ATk The Grantee agrees to
provide the inforillation necessary,over the Me ofthis Agreement, for the Commission to comply with
this requirenlem.
22. 1[�E DERALAND P'LORIDA SINCI.1,:
11tirstiant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the (,.irantee has been
deterli'linctl to be a recipient of state finall6di assistailee and/ora stibrecipient ofa federal award, Therefore,
pinsuant its Sccfion 215,97, F',S', mid/or OMB Unilbrm Guidance(2 CFR 200')l the Grtintee tray be subject
to the audit ret1tilrellsents ofthe I'lorida and/or Federal Single Audit Acts, If applicable, the Grantee shall
comply with the audit req tit rentei its outlined in Attachment 11, "Requirements of the F`ederal and Florida
Sitigic Audit Acts,"attached hereto and made as part ofthe Agreement,its applicable,
23 PEDERAL COMPLAANCE_
As appficaOlc, Grantee shall colnply with all federal laws, rifles,all(] regulations, including but not limited
to
i, (_'lean Air Act and NVater Pollution Controf Act. All applicable standards, orders, or
1equirellielas issktell Illider the Clean Air Act (42 U.S.C. 74014671(j)l and the Water
Polintion (`tmtrol Acl (33 1 J,S,C 1251-1487,as amended),
6, LaccY Act, 16 UXC 3371-3378. This Act prohibits trade in wildlife, fish and plants have
bccol illegally lakell" possessed, trawsporml or sold.
iii. Ma g n list)u-S sevens 1"islicry C"onset-valion and Management Act, 16 U.S.C. 1801-1884.
I his .Act governs marine fisheries in I"ederal waters.
iv. Nlilratory Ifird "Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless
permitted, to pursue, hunt, take, capture, kill, altempt to take, capture or kill, possess, off r
liar sale, sell, offer to purchase, deliver Jor shipment, ship, cause to be shipped, deliver for
triflisportatiou, transport, cause it) be transported, carry or cause to be carried by any rneans
GRANT GOVERNMI.NTAI, ENTITY Ver, January, 2018 Page 13 of'20
F"WCAgreement No. 19176
whatsocVer, rcceive for Ship],1101t, nanSp011 Of'CaffiagC, or export, at any time, or in my
manner, asny migratory bird,or any part, nest, or egg of'such bird,
V. E'adangered Species Act, 16 U.S.C. 153 1, et sell. J lie: Act provides a program for the
conselvation ol,threaleried and endangered plants and animals anti the habitat in which they
,we, louu& The Act also prohibits, any action that cause as "taking" ol'any listed species of'
C11(hulge'red fish or wildlife, Also,generally prohibited are tile 111111ort, export, interstate,, and
1,61'eign colluncrcc of listed species.
24. FEAWRAL FUNDS. No Federal Fonds am applied to this Agreement,therefore,thefollowing terms,
and conditions do not apply.
A. Pritor Approval to P",xpend Vederal Funds to Federal Agency or Employee. It is understood arid
p,reed that tile Grallice is [lot authorized to expend any federal l'unds under this Contract to a federal
agency or cnkployce without file prior written approval of'the awarding federal agency,
13. Equal Eniploynient Opportunity. E'xccinive Or-tier 11246 of'Septernber 24, 1965, entitled "E'qual
I'Anployinent Opportunity," its amended by 1`xecutive Order 1137'5 of October 13, 1967, arid as
supplemented ill Dep"Irtment of' Labor regulations (41 C'FR Chapter 60). Applicable, except as
otherwise provide trader 4 1 ("T"R 11art60,toanygriva,contract,loan,insurance,or guarantee involving
Federal assisle'd Colistructioll.
C. Davis Bacoil AcC `Fhe Davis.-Bacon Act, 40 U.S.C. 3 141 3 148, as supplemented by Department of
Labor iegulalions iii 29 CIVR Part 5 Applicable to contractors and subcontractors perl'orming on
,cdcrafly Irkinded or assisted contracts in excess ot'S2,000.00 liar Ilse construction, alteration,or repair
(Incit"filig painting anti ot'public buildings or public works. Under this Act, contractors
and 111usl paN, their laborers and nicchattics employed under tire contract no less than
the locally prevailing,wiiges and fringe benefits Im corresponding work on similar proJeets in the area,
1), Colicland "Anti,-Kickbacli Act. 'file Copeland "AntiXickback" Act, 40 U.S . 3141-3148, and
11,10 3 H 8, as suppleniclited by Depal unent of' Labor regulations (29 CFR Part 5). Applicable to
cosuracls awarded by a uo]$ Federal entity In excess of S-100,000.00 that involve enipl(syment of'
rucchaisics or labors. Uncles this Act, contriuctor's arid subrecipients are prohibited 1roni inducing, by
ally Iscan, any person employed in the construction, completion,or repair of public work, to give up
any patt 4(he compensation to which lie or she is otherwise entitled.
E. Contract Work flours and Safety Standards Act. Sections 103 and 107 of the Agreement Work
lJouts and ',!,af'ely Standards Act (40 U.SE 327 -330) as supplemented by Department of L.abor
regulations, (29 CTR patt 5). Applicable to construction contracts awarded by Contractors and
Subcontractors in excess ol,S2,0001.00, and in excess ol'S2,500.00 for other contracts which involve
tile employment of Illechanics or laborers. Under this Act, contractors and subcontractors must
compute: %vages of'mechanics arld laborers (workers)on the basis of a standard forty (40) hour work
week; provide workers no less than finle and as hall,for hours worked in excess of the Forty(40)hour
work week; and not require workers to work in surroundings or work conditions that are unsanitary,
hazardous,or.dangerous.
11'. Rights to Inventions Made Under it Contract or Agreement. 37 CFR Part 4C11.If the F"ederal award
iticos the definifitni ol"I'linding agreenictil" under 37 CFR 40 1.2(a)and the recipient or Subrecipient
wishes to Cruel, into as contract willi a sin,all business firm or nonprofit organization regarding tile
substitution of'part ies" assignment or performance ol'experiniental, developmental, or research work
tinder the-finiding agreement,"the recipient or,subrecipiCut OILISt comply with die requirements of 37
6RAN'l 6t)VFHNM1sNT?\I, 1"114TITY Ver.January, 018 Page 14 of 20
I,`WC Agreernent No. 19176
(T'R Part 40 1, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grains, (2ontracts and Cooperative Agreements," arid any implementing
regulations issued day tile awarding agency.
G. Energy 1"dff ciency. Mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the E"nergy Policy and
Conservation Act(Pub, 1— 94 163, 89 Slat, 971).
If. Debarnielit alld Suspension Contractor Federal Certification, In accordance with Federal
hl'xectltive Order 12549 and 2 (,'Fit ]'art 1400 regarding Debarment and Suspension, the Grantee
Certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment,
declared ineligible" or Voluntarily excluded trorn participation in this transaction by any federal
department or agency; and, diat the Grantee shall not knowingly enter into any lower tier contract,or
other covered trallsaction, with a person who is similarly debarred or suspended from participating in
this covered tiallsactioll,
1. Prohibition against hibilying.
i. Graillec Certificatioll - Payments. to Influence. The Grantee certifies that no Federal
approluialed filmis have been paid or Will he paid,on or after December 22, 1989,by or oil
behall,of,tile 6rasuce, to any person fill-influencing or attempting to influence an officer or
crulployet, of all agency,a Member of Congress, an officer or employee of Congress,or all
elliployee of a Member.of Congress, in connection with [lie awarding,renewal,amending
or modil I
yinp of any Federal contract, grant, or cooperative agreement. The Grantee also
certifics that they have not engaged any registrant under the Lobbying Disclosure Act of
1995 %ho 11"Is made lobbying eontacts oil behalfof the Grantee with rcspectto this Contract
mid its reialed federal contract,grant,,loan,or cooperative agreement;or, if tile Grantee has
engage(l_,my registrant with respect to this Contract anti its related Federal contract, grant,
loan, or Cooperative agreellictit, the Grantee shall, prior to or upon execution of this
Contract, provide file(",ominission Contract Managcra signed declaration listing the narne
of`any said registrant, Ouring (lie term of this Contract, and at the end of each Calendar
quarter in which any event occurs that materially affects the accuracy of this certification
or the Cranice shall the all updated declaration with the Commission's
Contract Manager. 11'any non-lederal funds are used for lobbying activities as described
above ill connection with this Contract, the (;rantce shall submit Standard Fonn-LLL,
"Disclosure Form to Report Lobbying", and shall file quarterly updates of any material
changes. The Grantee shall require the language of`this certification to be included in all
subcontracts, and all subcontractors shall certify and disclose accordingly.
i i. Grantee -- Refrain frorn Subcontracting with Certain Organizations. Pursuant to the
Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any
subcontracts under this Contract With any organization described in Section 501(c)(4) of'
the h iternal Revenue Code of'1986,unless such organization warrants that it does riot,arid
Will not, engage in lobbying activities prohibited by the Act as a special condition of the
subcontract.
J. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall
comply with the fidlowing Office of Manageincrit and Budget (OMB) Unillonn Guidance (2 CFR
20:0),.
GRAM -(i()VI itNMI,'N'I'Al, i l'I'I'I'Y Ver.January,2018 page 15 of 20
FWC Agreement]lei, 19 17'6
K. Orug Free Workplace. Pursuant to life Drug; Free Workplace Act of' 1988, the Grantee attests and
certifies that the Grantee will provide a drug tree workplace compliant with 41 U.S.C. 81.
S. PROCUREMENT.
A. 11HI01";. Ili accordance with Section 946.515('6), F.S,, if a product of- service required for the
perfifirnauCC ref this Conlract is certified by or is available from Prison Rehabilitative lridUstrieS
and Diversified Enterprises, Inc, (PRIDI") and has been approved in accordance with Subsection
946.515(2), F.S., the t'ollowiug statement applies:
11 is expressly understood and agreed that any articles which are tire subject
of', or tequired to carry out,this contract shall be purchased Crom I PRIDE]
in the sane mannerand under the same procedures set berth in Subsections
946—'i 15(2)and(4), F,S,; and for purposes of'this contract the person, firm
or other business entity carrying, out the provisions cad'this contract shall
be decined to be substituted 16r this agency insofar as dealings with such
corporation are, conct.,,mled,
1 lie above clause is not applicable to subcontractors unless otherwise required by law. Additional
hil'ofurafionallout PRIDI and(lie products itollersisavailableatlittp-L/www.pride-entertiris -Orl.
W ReslWC1 of' Florida. to accordance with Subsection 413.036(3), F,S., if. a product or service
i,equired for the performance of'this Contract is oil the procurcrnent list established pursuant to
Subsection 4 13.035(2), the following statement applics:
It is exIll".Ay understood nand agreed that any articles that are the subject
of; or required to carry our, (his contract shall he purchased from if
nouprotit agency for the blind or for the severely handicapped that is
qualified pursuant to Chapter 4 13, F,S., in tire:same manner and under the
same procedures set forth in Subsections 4 11036(1)and(2), KS.;and for
purposes of this contract, the person,firm or other business entity carrying
out tile provisions of this contract shall lie deemed to be substituted for the
state agency insofar as dealings with such qualified nonprofit agency are
("'on("ej net]r
Additional int'of if iatiou about the designated nonprofit agency and the products it offers is available
at
C. Procurement of" Recycled Products or- Materials. Grantee agrees to procure any recycled
products of materials which are the subJect of or are required to, carry out this Contract in
accordance willf Section 403.1065, F S.
20 PROFFSSIONAL SERVICTS.
it. Architectural, 11,',ngineering, Landscape Architectural, or Survey and Mapping. It* this
Agree,ruent is ]or the acquisition ot'protessional architectural,engineering, landscape architectural,
or rcgistcrvd surveying and firapping services,fill(] is therelbre subject to Section 287.055,,I%S., tire
fi,dlowlng provision applies,-
The architect (or registered surveyor and mapper or professional engineer, as
applicable) warrants, that be or she has not employed or retained any company or
person, oilier than a bona fide employee working solely for tire architect (or
ORAN F GOVFRNMFNTAI. ENTITY Ver.January,2018 Page 16 of'20
FWC Agreement No. 19176
registe,red surveyor and mapper, or prot'essional engineer,as applicable)to solicit
or secure this Agreement and that he or site has not paid or agreed to pay any
person,company,corporation, individual,or firm,other than a bona fide employee
work ing,mflely for the architect(or-registered surveyor-and mapper or professional
eng1twei, as applitable) any tee, commission, percentage, gill, or other
Consideration Colningeni upon or resulting front the award or making of this
contrad.
13. Termination for Breach. Darr tire])reach or violation ofthis provision, die Commission shall have
Mae right to terminate the Agreement without liability and, at its discretion, to deduct from the
Agreement price, or otherwise recover, the full mocrunt of Stich fee, commission, percentage, gift,
or considerwiow
27. 1 N 1)E M N I F I CATI 0 N.
if Gran tee is a slatc agency or subdivision,as(let med in ;Subsection 768.28(2), F S.,pursualit to Subsection
768.28(19), 1,%S,, neither Party indeninifies nor insures the other Party Im(tie other Party's negligence. If
Grantee is not as state agency or subdivision its,defined above, Grantee shall be fully liable for the actions
of its agents, employees, partners, or subcontractors and shall fully indemnify, dellend, and hold harmless
the State and the("ounnission,and their officers,agents,and employees, from writs,actions,(himages,and
Costs of,every ofune 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 Grantee, its
agerns,emplcriyees,partners,or subcontractors,provided,however, that I n-antee shall not indemnify for that
portion (it'any loss or darriages proxinriately caused by the negligent act or ornission of the State or The
C"on nuissionr 11 this is as Prol'essional Sur-vices Agreement as defined in Subsection 725.08 F.S., their
notwithstanding, the provisions of'Subsection 725.()6 F.S., the design professional shall only be liable for,
and fully indenmily, defm nd, and hold harmless the State, tire Commission, and their officers, agents, and
employees, for actions caused in witcric or in part,by the negligence,recklessness,or intentionally wrongflul
t,oudnct of the design professional and other persons employed or utilized ley the design professional in the
Im,formance of1he Agrecincril,
28. NON-DID CRIMINA"HON.
No person, on (fie grounds of race, Creed, Color, national origin, age, sex, or disability, shall be excluded
from participation in, he denied the procecds or benefits of, or be otherwise sut1jected to discrimination in
perf6rinance ofthis Agreement,
29. SEVERAIJILITY,C11010E' 011' LAW,AND CHOICE' OF VENUE.
This Agrcement has been delivered in the: State off"Icifida and shall be construed in accordance with [lie
laws of Florida, Wheiever possible, each Provision of dais Agreement shall be interpreted in such manner
as to be effective and valid under applicable law,but ifany provision of daisAgreernent shall be prohibited
or invalid under, applicable law, such provision shall be ineffective to tire extent of such prohibition or
invalidity, without invali(lating tire remainder of' such provision or the: remaining provisions of this
Agrccnient. Any action in connection berewith,in law or equity,shall be brought in Leon County, Florida,
to the exclusion ofall other lawful venues.
6RANT , GOVVIRNWINTAL ENTIA Y Ver,January, 201 Page 17 of 20
FINCAgrecinent No. 19176
30. NOTHIRD PARTV RICHTS.
The Parties hereto do not intend nor shall this Agreement he construed to grant any rights, privileges or
interest to any person not a patly to this Agreement.
31. JURY TRIAL WAIV1�R.
As part of the consideration liar this Agreement, tile Parties hereby waive trial by jury in any action or
proceeding brought by tiny party against any other party pertaining to any matter whatsoever arising out of
or in any way connected With this Agreement, or with tile products or services provided tinder this
Agreement, including but not limited to tiny claim by tile Grantee of quanium merud,
32. PROHIBITION OF 1.11' AUT110RIZED ALIENS.
lit accordance with Federal fixecutive Of-der 96-236, the Commission shall consider the employment by the
Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalisation
Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly
employs unauthorized aliens.
33. VERIFICATION (E-VERIFV).
A. Requirement to Use E-Verily. Executive Order I I,,-1 1h, 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 life I J.S. Department offloinelandSecurity's E'-Verify system to verify the
cinployment eligibility ofall new employees hired by Grantee during tile Agreement term;and,2.)
inchule in all subcontracts under,this Agreement, tile requirement that Subcontractors performing
%,,ork or providing services pursuant it) this, Agreement utilize the Ili-Verity system to verify tile
employment eligibility of all new employees hired by the subcontractor during the term of tile
subcontract.
13. E-VerifW Online. 1--'-Vcrit'.y is an Inteniet-based system that allows art employer,using,inforination
reported oil an cinployce's Forin 1-9, E'triployment U"ligibility Verification, to determine the
eligibility of all new employees hired to work in the United States after the effective (late of the
required Memorandum of Understanding (MOIJ); the responsibilities and elections of federal
contractors, however, may vary, as stated in Article 11.11.Le. of the MOLE "there is no charge to
employers to use E-Verily. The Department offlorrieland Security's E-Verify systern can be found
online at 11tip,.11w-v%yw.(Ihs.g(�)v/tiles/ rograrns/gc 1185221679 150,shtni
C. Enrollment in I -Verify. If6rantee does not have an J.".-Verify MOU in effect, tile Grantee must
enroll in the F'.-Verify system prior to hiring any new eniployee after the effective date of this
1). E-Verify Recortilkeeping. The Crantee further agrees to maintain records of its participation and
compliance Willi the provisions of the I.,`-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 term,,,ofthe Grantee's enrollment in the prograrn. This
includes maintaining it copy of prool"of the Grantee's arld subcontractors' enrollment in the F-
Veril y Program(which can he accessed from the"Edit Company Profile"link on the left navigation
inenu of the E-Verify employer's hornepage).
CiRANT- GOVERNMENTAL ENTITY Ver.January,2018 Page 18 of 20
FWC Agreement No. 19176
E. Employment Eligibility Verification. Compliance with file terms of the Employment Eligibility
Verification provision is made all express condition of this Agreement and the Commission may
treat it tailure to comply as a material breach of the Agreement,
34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE.
Neither Party shall be liable to the other lot-any delay or failure to perform under this Agreement if such
delay or failure is neither the fault nor tile negligence ofthe Party or its employees or agents and the delay
is (file directly to acts of God, wars, acts cal'public enemies, strikes, fires, floods, or other similar cause
wholly beyond the Party's control,or fear away ofthe foregoing that affects subcontractors or suppliers if no
alternate source of'supply is,available, I lowever,in the event of delay front the foregoing causes,the Party
shall take ill] reasonable measures to tnitigate all), and till resulting delay or disruption in the Party's
per torn 1,11 ice obligmion under this Agreement. If the delay is excusable under this paragraph,the delay,will
not restsit in any additional Charge or cost under the Agreement to either Party. In the case of any delay
Agreement believes is excusable under (his paragraph, Grantee shall notify the Commission's Grant
Manager in writing ofthe delay or Potential delay all(]describe the cause of the delay either: (1)withill ten
(I tI)calendar days k1ftertlIC CMISC that creates or will create the delay first arose,if61rantee could reasonably
tbresce that a delay could occur as it result; or(2)within five(5)calendar days after the date Grantee first
had reason to believe that as delay could result, it' tile delay i is not reasonably tbreseeable. THE,
FORE,GOING' SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE, wrirtil
RESI"EC"I'TODELAY. Providing notice in strict accordance with this paragraph isacondition precedent
it)such reinedy. 'file(-,onunission, ill its sole discretion, will determine if the delay is excusable tinder this
paragraph kind will notify Grantee of' its decision in writing. No claim for damages, other than for air
extension of,tune,,shalt be asserted against the Coininission. Grantee shall not be entitled to an increase in
(fie Agreement price or payment of any kind from the Commission for direct, indirect, consequential,
impact,oar gather costs,expenses or damages,iticitiditigbtit riot limited tocosl,sofacccicratiotioritiefficiency
arising because ofdelay,disruption, interference,or hindrance froin any cause whatsoever. If performance
is suspended or delayed, in whole or in part,due to any of the causes described in this paragraph,after the
causes have ceased to exist,Grantee shall perforni at no increased cost,unless the Commission determines,
in its sole discretion, that the delay will significantly impair the value ofthe Agreement to the Commission
or (he State, in which case, the Commission may do any or all of the following: (1) accept allocated
performance or deliveries froin Grantee, provided that Giranice grants preferential treatment to the
Commission will) respect to products or services subjected to allocation;(2)purchase from other sources
(Without recourse to and by(irantee fior(lie related costs and expenses)to replace all or part of the products
or services that are lite subject ofthe delay,which Purchases may be deducted front the Agreement quantity;
or(3) terminate the Agrecinent in whole or in part.
35. TIME IS OFTIIE ESSENCE.
Tinic is ofthe essence regarding the pertbrinance obligations set forth in this Agreement. Any additional
deadlines for performance for Grantee's obligation to timely provide deliverab,les tinder this Agreement
including but not limited to timely submittal ofteports,are contained in the Scope of Work,Attachment A.
36. ENTIRE AGREEMENT.
This Agreement with Lill incorporated allachnients and exhibits represents, the entire Agreement of the
Parties. Any alterations, variations, chatiges, 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,
tj n less other wise provided herein. In the event oaf conflict„ the following orderof precedence shall prevail;
("ittANT.-GOVERNMEINTAL E'NTITY Ver. January, 2018 Page 19 of'20
FWC Agreement No. 19176
this Agreemem mid its attachuients, the terms of (lie solicitation and the Grantee's response to the
solicitation.
IN WUIWEISS WIUAWOF, the Parties hereto have caused this Agreement to be executed through their
duly authorized sip'noories on flic(Jay and year last written below.
MONROE COUNTA' 110CC FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
sj(,N , ul
-----------
Name: tyl. Name:
I)maIC: 1 Daw
Alilwoved as to form and legality by FWC Attorney:
M,O!NROE COUNTY ATTORNEY
AP"f.)yEtA§-T0,f0RM
t .
...................
'SRN'A, 'aw
Attachincrits in this Agiecinent irichjde the f'ollowing:
Attachment A Scope of'Work
Attachment B Requirements ofthe 1'ecleral and P"lorida Single Audit Acts
l"'Alibit I Federal and State l,'unding Detail
Attachment C CI ost ReinibUrsement Contract Payment Requirements
Attachment D Derelict Vessel Removal Best Ma-nagelTIC111 PfaetiCCS
Attachnient 1�, Letter of'Relum on Investment flor the State
Attachnient P Sample Invoice Forni
Attachment G Monthly Progress Report
Attachment I I Certificate ofCompletion
("iRAN'I'-(d)VEANME'N'VAL E"N'I'VIN Ver.January, 2018 Page 20 of 20
1 rcrjcct Nsarare 1 1rvr.t 1 )�.... � ...m..... ....m.... . ....... ..... ._ Conte-act.. _. Carr 1c)17("ov C artr�trt Derelict Vessell^(crrrov�rl �"�"3aaC ....__.- ......-._ ......._�
1. 1'11wCyJE "°1" 1)ESC"1fi11'"1"ION
A. Purpose: The purpose of"this project is to remove seven derelict vessels front the public
vvaaters of"the state within thejrrrisclietrcrta ol'Monr°oe County, I'lorirtar.
13. Project Benefits: The he removal of°these derelict vessels will improve hoattin sarfety by
removing,hazards to navigation. This project will aalsta belle to restore sensitive marine
resources and improve vvaater'cictaality.
2. 11r1^:1.a1av°Ei1.A131aE(S) 1(eniove 7 derelict vessels
A. Tasks: The(..himlee shall provide all labor,equipment,and materials to remove Larch
clereliet vessel listed below from the public waters of the state within the
Jurisdiction cat'Monroe C:;'crtrrrty,and properly dispose of'the vessels in
tire:designated disposal location:
I Y"r S131c1011 tll°252
Description: While 30' Sailboat Reg: 13SD-686
I1IN: lIrrl:na:wn
Location: 71 .3.3.096(N)/081 41384402(W
Disposal: Landfill
?') MSB 19011`001074
Description: 011`White 7'6, Cuddy ("arhrn Vessel Reg: 11.6891 1:
I11N: l""1.ZW7265C 73
Location: 24 57.1 1298(N)/0I32 12.91202(W)
Disposal: Landfill
Description. (lf"1`White 25' C°rralcly°("arlrira. Vessel Reg: 1`1 8697E
111N. 141.t: 501680587
Location- 24 4114303(N)/081 06 353'flt3(W)
Disposal: Landfill
•1) 1"W"'iBI9("*T`010997
Description. Off 4r4ahite 23' Open Dishing Vessel Reg: lal 55941 M.
1II : TNRM46841v1 8311
Location 24 42.180 3(N)/081 t 6.35.31313(W)
Disposal: Landfill
Version 1.0 .lane 24)El Page 1 o1`
Attachment A-SCOPE OF WORK
.................................... .....................---------------------------------------- ...... ........................... . ..........Project Name: C 'otlilly 0ereHet Vessel Removal onfract No.
Prc' t 19/20
5) FWS131901I'012677
Description: While Ctuver Cabin Cruiser Reg: FI,301 I PR
I I IN: C'()R 100101394
Location: 24 34.03,398IN)/081 418,558(NAI)
Disposal: Landfill
6) FWSB I9()I`U'0 13992
Description: White 24' Open I"ishing Vessel Reg: 1"L4363W."I
I IIN: GL1,0000l 873
Locatiow 24 34A4798(N)/081 44 03802(W)
Disposal Landfill
7) I`WSB 1501,T'O 12215
Description: Blue/White 26' Sailboat Reg: 8°IA703.)L
11 IN: ('11C47923M 78B
Location: 24 31-14302(N)/081 55.40298(W)
Disposal: I'lildfill
R. Documentation Used as evidence of perfornumee: The Grantee shall provide to tile
Commission as Final Disposition Report. This report shall contain tile list of all derelict
vessels removed, tile disposition of each derelict vessel,and photographs that document time
condition of each vessel prior to removal, the removal process,for each vessel,and tile final
disposition ofeach vessel.
3. FINANCIAL CONSEQUENCES
The Commission may restrict payment ofally or all costs for Iaflure to complete the project as
described het-ein within the limet"rame allowed,or for failore to correct any pro,ject deficiencies,as
n oted in th fi e nal project inspection. The final pro'
,ject 111spection will be done by it('01,11111issioll
officer verifying Illat tile entire vessel for each task has been removed according it)the proJect plan,
I"aililre of6rantee to have all receipts and evidence of project perfiormance delivered to l`WC oil or.
beCoie April 3,0, 2020, bel'ore close Of bLISiIJCSS may jeopardize paynient offunds to the Grantee per
time agrcenjclil,
4. PERFORMANCE
A. Acceptance of Agreement: The Grantee will accept time agreement amid have it signed and
returned to the In ISS,1,011 Within 30 days ofreceipt. IailUt-C to have tile agreement retUrned
Version I.0-June 2013 Page 2 of5
Attachment A—SC"OPE O WCORK
Projecttarty lycro°list Vessel I(anroavral [�13�C C oraataaact o. le 17Cr r Name: l aoararetei JJ2a_ _ ___ ._...... ..... _. .�...___. _..._ _...m
within tire specil'icoi tinge wyill rentler°[lie agreement mall and void. In some cases,the:
Commission vwill allow as nro"olifieal return tinge vVill) prior notice and approval tro:m the
Commission's Contract Calm el%
B. Commencement of "kr'aaa~lc: I lie(irantee shall ccarranrence work on tiae overall pro'
eet as so>carr
as notified by the Coal.raaissieara o fthe agreement execution. Failure by the Grantee to execute
the work within 60 days tit'agreenaent execution shall result ill the agreement hazing null tarred
void, analess prior approval tiara delay is granted by(lie+C."ounarrrissicart s Contract Manager,
C. Praaeaaa-eraaent: The Grantee shall procure goods and services through at competitive
Solicitation process in accordance with Chapter 287, l,'lorr iota Statutes. The he C:arantee has
already included in tire application tine quote provided by the contractor chosen for the task
and tine C"oarrrraaissioara will fray to the Grantee 100 percent ail"tile quoted lance for each task or
100 percent ari"the actual coast if"less tlraarr tlae quoted price. The Grantee will insure that tine
selected contractor has aaole;elna'te insurance and is qualified to clew the work, A copy oal°the
Staate's Derelict Vessel Removal Best lvtaanagernent Practices, attached as Attachment ly, wvill.
provide guidance as to wwhethea°or not tine selected contractor is qualified to dog tire, kvoi- .
l). Closeout: Filial receipts with required evidence ofcermpletion will be received by the
Cornurnissicans Contract Manager nor later than April 30, 2020.
S. COMPENSATION AND PAYMENT
A. C:"r:ampensaatiaran For a aaalislaactoary Completion ort"tire tasks described in this Scope earl'Wor.la, by
the:(iraratee trrualer the terans oil"this A reement,[lie(''ortararission shall pay the Grantee on as
cos
t reiniburseuuaent basis inam anao unt next to exceed$48,475.00. '['lie Ciraaaatee shall be
reirriburseet only for budgeted expenses that are directly reiateol to tire removal anci disposal of'
vessels wwithna the project.
W Cost Sham: The(:irantee is not required to provide any coast share o f the total cost of the
proJect as indicated ill the 1WC" Derelict Vessel Removal Grant Guidelines. The total
coanalaera:satioauu by tiro;Commission shall be $48,4 5.00 or 100IN6 ofthe total coast for the
pro.peet, whichever is less..
C. Salvage "Value: The(grantee shall he entitled to the salvage value of*any grant-designated
derelict vessel or any laaarl(s)or accessories thercoal; not used in tiro Construction gat"aa
permitted artificial reet'si(C.eXcluolirag tlac; Nruil. All such salvage activities not essential to tile
physical removal ort as derelict Vessel shall be aaccornplished after tile vessel has been removed
from public waters. The salvage value of each vessel shall be deducted by(lie Grantee when
determininP tine reirnlanrsernent request for the: removal art(] disposal coasts for each derelict
vessel. Vessel hulls must be destroyed and not salvaged ill whole. All salvaged materials
from such vessels naarst be removed t'i°oaaar tine vessels bell>re being sold tar°salvage. By, law,
sno:Ia saMla!° valtuo.s must Oftset the:coast of' to IV, allo wecl..
Version 1.0 .irurrew 2013 Page 3 oal"5
Attachment ik—_WOP11 OF WORK
u . .�. . .........
a ... �.�....
l r n cc t l Ranncw: Num"we (."cwnrmy l)erelre '�c� el l(.tnncww wrl � 1b,Wc contract Pan � 19176
l'rt�jcset ictd'ta
1), Forms and Documentation: Ile+lirurrtaae shall be reimbursed on it cost reiN ibur.sermi tt't basis
in ncccwrdance with 2011 Reference(Wide Rwr State hereto and made a'r
pan herccol`as A"mhnnernt t ry.
'Dine request lior rehnimmernennt hall include rrrr invoice in as'tcarinat similar to Nitachmernt F,
Saannpnle Invoke Forna,which shall Whnde To FMw't_" Agreerrrmr't'Number,be Grantees
I"edcO Wripwloyeµr-hlentilicmicon (Filly)Nurnheq and tine date Wseaviee. Ile hnvaoice shall
he aacetunp�muded by w ttaclunrennt l I, Certificate got"(."connpleticorn, photographs;raphs to document
protect removal and completion an iter'ni✓ed list ofaall pnrcaject expnenditure"a, annd copies of
invoice;arul cancelled checks or check numbers law dewcnnrnent payment for all project
capoenditurc,s.
6. IONI°l°t7bRp1 (o'
A. ("compliance Monitoring and (,ovr°eelive Actions: 'the ('atrnnnnissiaon will rnntonitoir tine
Granlec's Service delivery to delcrinnine if the t wrarntee has achieved the required level of
poerliwrrnance°. I we ('cornniissicon in its sole dkuction d ete+rrnines that the Grantee failed mc)
onreer ainwy°ral'tinc ter.nwn�,aor�cwwrnrlitir:orn�rwl�tlri��1t!,n-e.erarerrt,tlwe"(grantee%will loe�arnt a la:wrrnnali r.itt�r'r
ncotiee. The (haruec :AmH correct all identified deficiencies, within lor'ty-live (45) days of
notice. Failure to acidme Iltt)N ccnnpaharrnee will mi or dw ternm and comlilkm4 of this
Agreement or l'aniltn°e tc) correct the deficiencies identitied in a notice identifying deficiencies
%within the dine 1hune specified may result in dclayw in payment or termination of this
i\ rcennent in accordance with the terms.cot"tine; Agreement.
h(. Site pu%poc:cetirrrrs: The t:"awnnnnissicon nnm inspect the l'rcojiect site prior to°o and, il'aapopolicahle,
during tinge: reintoval of porcojcct vessely. I ire Gmintee, small nrtrlw the 1." nirnissimn''s Untranct
Wmager when the I%Qecl Inns reached substantial caornpoieticon so that inspection may occur in
ar tinncl'rwnrrne ailcowwnnpr, for the tirncly stthnnrssitrrn ain(] processing of' tine 'Ilmd invoice. The
("cmu nn~«a,icnnr,s ("aontract tvlaanager, or designee, shall inspect the work accomplished cnrn tine
pnrcajcci and, irdeemed ceornpolete and in compliance with (lie terms ofthe Agreement,approve
the request Ior° payment. ill doviNt vessel removal sites %will he inspoeewd by a Ccnnnnnisicarn
cwfffe tag vc,riO the complete removal col`the vessel as described in tine Agreement.
C p*r ject Prugress Repocrrts: Ile Wrace shall snhnrit to be("ommmssion,on a m ornihly bash,
project progress repocwrls comhnhg the porcopn m,s of(lie project,and identifying any problems that
may pnarve arisen and actions taken to correct such problem. Sucl repocorts MmH be stnl mitted
on the Project Monthly Progress Report Bear aatlaclied hereto and made, a part hereof as
Altaclnnicnr Q. Repot is aare clue to We(..mnmissmcon%t;:'c ntraet &Manarp er by tine 1 "'col"the month
immediately 6ollowNg thew repotnrthi paeric)d umil the(:"ertilicate col"(. ornpnleticnn is Submitted.
1). Best Management Practices: Fhe(.grantee shall ensure that tile contractor chosen to Complete
the tasks as indicaled in this Scope cal'Worh are both able and instructed to follow,Mate Derelict
Vessel I(cnntwval lest Managenieni Practices(l(Ml's), (Attachment Dy failure tco fi)lhoww these
ltivll's may subject both the ecornta°aetor and the(hantee to State or Federal linen and penalties
if it is shown that We practices were not fiwlhowwed.
Version 1.0 ,mine 2013 I'a ge 4 of 5
NICAWO
�yrarjrW�^N^1�laarrar.s.. .. .I'mA��aMc.iC C�crLITrt"�...C�a.aelact^�"a.Ss�.1 l�crricav<�.C_ ._4..�<'4'�r'( ��rsrt�t�c.t
A. Certificate of C°ttnrpW ion: l.Jpon eWnrlapetion of the PrWeet„ the C'ontraet Manager tear the
tiranatee sl U sign ar CemMeme orC'a mpletiaan Rmn,Auaaehment 14, attached hereta'a and made
sa pail hereof, that certifies the 1argjeet v4m; completed in accordance with this Scope aat`Work
and the A toreernent. For reporting purposes this project will be submitted to the Executive
t> rke- of the Carmrnaar, a9 Letter cat`Return aura 1nvesunent tiar- the State is attached hereto and
made pan thereof as Att chnrent E to this a greernent.
A i dTELLEa'."°iVA L Pit'CbPEUTV RIGHTS
No arddhionari reclnira°nwnB. ttckr t.aa Sectiaart 12 of Me Agivement.
8. UBC°t lIN`RA"tACA'
ra atalatitia nal requirements Refer taa Section 14 <at'thc A,p,i-cenmit,
% INSURANCE
No-additional rerinii moats. Refer to Seetimi 16 of the A" Armin nt,
Iti. SECUlit1°l:N AND (,,'ONia"IDF,N''1'IA I,I'.I'
No additional requirerne:n". Refur to Seuiaw i 20 aat'the A"egmenra nt.
Jr. RECORD KEEPING REOl1iRENU:t"'+J"0!'.'
o arahlitimml requKernents. ReIr to Scok�m 21 of the Agmenaent.
12. NON-EAi'EADA"p,B1..E PROPERTY
No additional realrrireinems. ReIr to lWa kin 12 of We A1greentent,
13. PURCHASE OR 1'ROi'ix".RTV
o aaalalitiaa ml realniremerrt.s. Refer to ;Swim 12 of the wlgremnenr
Version 1.0 June 2013 Page tad"
FWC Agreement No.FWC-19176
Attachment B
AUDITREQUIREMENTS
'I lie administration of resources awarded by tile Florida Fish all(] Wildlife Conservation Commission
(Connolissioll) to tile (ilantee inay be stjl)jcct to andits andlor monitoring by tile(,ornrnission as described
in Part 11 of this altac;finicnt tegarding State I'unded activities. If this Agreement includes a Federal award,
then Graluce will also [)c sul)pect to tile Federal provisions cited in Part L If this Agreement includes both
S"I'lle and 1'ederld funds,thell all provisions apply.
MONITORING
In addition to i,eviews of andits conducted in accordance with Sections 200,500-200,521, Uniforni
Guidance. Cost Principles, Atidit, and Administrative Requirements for l,'ederal Awards(2 CFR 200), as
revised, hurcinatter "(1)M13 I.nifortn Guidance" aiid Section 215,97, F�S�, as revised (see "AUDITS"
below), time Commission illay conduct or arrange for monitoring of activities of the Contractor. Stich
niollitoring proectitnes may include, but not lie limited to, on-site visits by the Conirnission staff or
Coll(ractcd Collsuluints, limited scope audits as defined by Section 20033 1,OMB Uniform Guidance and/or
other procedoircs, By vilicling nito this Contract, time Orantec agrees to comply and cooperate with any
monitoring procedures/ptocesses deented appropriate by time Commission. The Grantee further agrees to
comply and cooperate with any inspections, reviews, investigations, (,.)r audits deemed' necessary by the
Florida Deparlillent ot'l-inancial Services or the 1-1orida Auditor General.
AUDITS
PART 1. VEDERALLY FUNDED. 11' this, Agreement includes as Federal award, their die following
provisions apply:
A. This part is applicable if'time Grantee is as State or local government or a non-profit organizAtion as
defined in Sections 200.90,200,64,or 200.70, respectively,OMB 1-h6lbrin Guidance.
It. in tile event that the Grantee expends$500,000.00 ($750,0110.00 for fiscal years beginning oil or after
December 26, 20 14) or more in Vederal awards in its I iscal year, the Grantee must have a single or
prograi'll-specilic audit condneted in accordance with tile provisions,ofthe Federal Single Audit Act of'
1996 and Seclioiis 20W500200.521, OMB Uniform (,;uidance. EXHIBIT I to this Attachment
indicates J�cljcraj resources awarded through time C"ollunission by this Agreement. In determining the
Federal awards cxpended in its fiscal year, (lie: Grantee shall consider all sources offcderal awards,
including Federal resources received 1'roll) time("onnnission. The deteralination of amounts of"Fccleral
awards,expCilded should be in accordance with the guidelines established by Sections 200.50?0-200.52 1,
ON413 Und6rin Guidance, Ali audit of the Grantee conducted by the Auditor General in the OM13
Unif'orin(Juidance, will inces the requirements ofthis Pan.
C. In (."onnection with time audit requirentelits addressed in flart. 1, paragraph A. herein, the Grantee shall
fulfill tile requirements relative tom auditee responsibilities as provided in Section 200.508, OMB
I h1iforill 61julance. 'I his includes, bill is not firnited to, preparation of financial statements,it schedule
ol"expellditurc of Federal a%vards, it sintrinary schedule of prior audil findings, and a corrective action
plan.
D. It' the Grantee expends less than $500,000.00 ($750,000.00 For fiscal years beginning oil or after
Decerilber 26, 2014) in Fedcoal awards in its fiscal year, an audit conducted in accordance with time
provisions of Sections 20W500,20WS21, OMIf3 Uniform Guidance, is not required, In the event that
time Grantee expends less than $500,0010.00 ($750,000.00 fbr fiscal years beginning on or after
Attachment B rev.6.15.15 Page 1 of 6
F'W( Agreement No. FWC-19176
0c,ccinbci 26, 20 14) it hedual awards in its AM year and elects to have an audit continued in
a"wMame wah dw Imwishins of Sec tions 2W500-200.52 1,ONIB Uniform Gui(hince,the cost ofthe
Wit unm Ix paid limit non-Federal resources(Le,the cost ol'such an audit naust be paid from Cirantee
Itsottlyces (shwillud lionr odier thall 1'edcral entities).
th Such andits MmH cover We crane Winces orpnization for the organization's fiscal year.Compliance
findings related w contract's with the Cbmulissbn shall be based oil the contract requirements,including
any itilem inguNknis, or smurtes rukrowed in the Comma Ile financial statements shall disclose
wheeler tir uml die nmwhhW i"uhmnent was inct for each applicable contract, All questioned costs
and Hublilitics duc to Ow (Immissio" WmH be Rilly disclosed in the audit report with refe�rcnce to the
Commission colulaci involved. Additionally, the results tiorn the Conaviission's annual financial
rrrcwunoa slip, i'epons "Itnt be inclutled he the are lit p"Mures,and the Sections 200,500-200,52 1,OMB
I WhHoi (Ahbiwe audit cqmwts.
K If"w odrefwau dischwal as rmpired by Section 200.510, OM13, Uniform Guidance, the schedule of
exl-'ien(filurcs of I°Cdcral awards shall identify expenditures by Berra mef number &each cmamet with
die Minimum it M&O Ming the audit pedo?
G. If dw Chanwe CXPO"k lep"han SSOOMUMOO ill Vederal awards it) its fiscal year,air audit conducted in
arc r,crrclaarra°c° with the finivisu"Isof WOW 201501,0100.521,0NIH,Uniform Guidance,is neat required.
Lu Ow cma dita dic thmace expaids less than $501000MO in Federal awards in its fiscal year and
elcus to have ari audlit conducted in accordance with the lwuviskrits of Sectkitis 200.500-200.52 1,ON111
I 1"W"I G"Alance,the tmst of dw audit"mm he pard kom non-Vederal resources(i.e.,the cost(Asuch
an audit "a"t he Imid hour dw Ganteds rusotwun obtained liorn other4han Federal MAO.
Il. A vveh she Owt lirovides links lca sevetal Federal Single Audit Act resources can be found at:
hup Uhmv("'M t CWAV" himO
AART IL STATE PTNI)FA). It' ll-Us Agreennsia includes State funding, then the following provisions
appi(y
Wds juni is applicalde h1he ("Anwe is as imn-mme My as define f by cdon 21517, FS, (the I'lorkla
ShyL Antid AQ,
A. In dic ment 161 OW (Vulwe CMMMh a Unal anuluril tif state financial assistance equal to(w in excess
4 SMMJMWUU in aiq thul year of sucl Graince, the Grantee must have a State single or, prqject_
spoific audit fcrr such HAid year in accordaitcc, with Section 21517, F.S'.; applicable rules of the
f"Xcculive Office of draw tiovizirruraiRl the Departimenlof FinanciM Serviceg and Omphars 10550(Weal
govetrunernal clition)ot 10A50(noreprofit and fill-profit organizations), Rulesofthe Auditor General.
EXIIIIII I I no this Anach"Ie"I fuldicales state Financial assistance atwattied through theCorninission by
dils''Ctailfacl In dclellitiurnp,the state financial assistanceexperided in its fiscal year, dreGrantee shall
C'inhidcl ill I smlrce'; of Suite I inarscial assistance,, including state financial assistance received from the
(Anwidssio, other gate poicies, and other nonstalc entities. Mum Modal assistwice ekes not
illcludc fcdcial dircc"i or pass through awards awl resources received by it ratan-state entity for Federal
ploprant futitchinp rcquircurk,,t I Is'
It. Ill COnncClWn With the audit rUjuirerrients addressed in Part 11, paragraph A livrehr, the Grantee shall
Cusurc that Hic audit conil"flies %vhh dw mWirimments of' Section 21S.97(7), F.S. This includes
suhmnitm of as fhmwkl nToabg Imckagu as dellned by Section 215.97(2)(d), F.S, and Chapters
I U.550 (hwal guminuremal WWI or-10.650 (nonpuHt and for-profit organizations), Rules of the
Andil(a Ocucral
Attachment 11 rev.6.15.15 Page 2 ol'6
FWC Agreement No�.FWC-19176
H tile Glwavc C*"Iwilds leois Oran $50%00100 in Mine BMW assktanco in its fiscal year, an audit
condor ed in accoMmice whir the; ImMons,of sectV 215.97, F.S., is not require& In the event that
the (haute expends less than SSUOJ)OO.UO in Me finarrcial assistance W its Weal year and Am to
We mn audh cor"hwird in accordinice with the provisions of section 215.97, F,S., the cost of tire audit
"rum 1w laid fivan the no hartentity's resources Va,fire ant ofsuch art audit must be paid from the
(hmace's resources Warned froin t rther-1 hart S late entities).
D ddilional in6w"MM(m regarding,the Florida Single Audit Act can be t6un('J at:
!"q)w!Y;qqVi WISAWYMM,
E. Grantet.,shall pnwwc U Uqw or any audit conthriowd punuunt to the above requirements directly to the
t6lkwwing,addrvsy'�
("Atiet,11411111rcial Offices
Iludda Ifish and VOMM Clonwir"don CArminkMi,
Itryam Building
620 N. MAW St.
thilabassee, lell-32399-1601)
PART III:
A, Copies of w1mminiM packages, ru hwWdc any tuanagmumn letter issued by the auditor, firr audits
ccarducred in accordance with Solious 200500-200.521, OMB Unil'brur Guidance, and required by
Pon I of dns AnacWmna sWd1 No milmitied try or on MW of the Cirantee directly to each of the
tohow ng al 111c, addrw"s iodic arott
I"Tc (A"mrssum at dre Wilviving addmws�
phurnin Fuh am! (smussitin
IlKyaul HuildK19
6201'S' Meridian S(.
Tallahus.w' e" 1A,32399.1600
.1 be f edcra I A wl it Omit whou so designated h i Section 200 112,0 N1 B U nihrm G uilunce"he
relkmang pacUgc rcquirml by Section 201512,ONIB WIVirm Guidance,should be subrnitted
rco dw 1,cderal Aadir (-Avarkrghousc):
Vederal Audit Clearinghouse
Bureau of the (Owns
1201 ti,'as( 10"'Street
"Jeftersonvilic, IN -47132
1 Mw l4lend agencies and pane dwough Wks in accordance with Section 200.512, OM13
I 1"Win(inklance.
W Copi(:sN ofaudit wpt-,ns for audits conducted in accordance with Sections 200.500-2W52 1,OMB
I Wknin (hridance, and required try Part I onhis Madment(in correspondence accompanying the
audit report, indicate Nita date Orin the(irantec received the audit report);copies ofthe reporting
Attachinent B rev.6.15.15 I'age:3 of 6
FWC Agreement No.FWC-19176
package described in Section 200.512, O1" 13 Unitorin Guidance, and any management letters issued
by the auditor;copies ofreports required by Part 11 ofthis Attachment must be sent tau The
Commission at the addresses listed in paragraph C. helow.
C'. Copies of financial reporting packages required by Part It of*this Attachrrient, including any
management letters issued by tire auditor, shall be submitted by or oil behalf of tile Grantee
OJI(Voly to cacti of lie fifllowiljg�
L The Commission at the 1`611owing address,
(I
laief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
621)S. Meridian St.
"I'll lin IIASSee, FL 32399-1600
Fbe Auditor Generals()Mice at the I'64owing address:
Auditor General's Oftice
('37-4 Claude Pepper Building
I I I West Madison Street
'Fallahassee,FL 32399-1451)
1). Ajiy reports, management letter, or other information required to be submitted to the Commission
purstrant to this Contract shall be subtnitted timely in accordance with OMB Sections 200.500-200.521,
OMB Unifimn Gtridance,Florida Statutes,and Chapters 10.550(local governniental entities)or 10.65,0:
(lionprofitand Jor-profit org!anizations), Rules of the Auditor(leneral,as applicable.
Cirantees and sub Orantecs, wheu submitting;financial reporting packages to the Commission for audits
done in accordance with 1wctirins 200.500-200.521, OMB Uniforin Guidance, or Chapters 10.550,
(Iocai governmental entities) or 10,650(non-profit and tbr-protit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee
in correspondence accornpanying,the repot-ting package.
L'itil of Allachnsent B
Attachment 13 rev.6.15.1 5 Page 4 of'6
IeWC Agreement No. FWC-19176
Exhibit I
FEDERAL AND STATEFUNDING DETAIL
FE'DERAI, JWS0UI4(.,'ES AWARO CA)TOTHE GRANTEE PURSUAN'TTOTHIS A(Y'REEMENT
C"ONSISTOF TIIE FOLLOWING.
...........
mgg If 71,7fg 7,"MOM;
MEN
CFDA ft CFDATitle Ounr
...................
N/A
......................................................--.................
Total Federal Awards
.......... ...................................
C'ONIPLIANC T REQUIRE'MENTS APPLICABLE TO THE FEDERAL RESOURCES,
AWARDED PURSOANTTOT1,11S AGREEMENTARE AS FOLLOWS:
............
Mgg gg
'21
(',,',Ft)A 11 Compliance I
N/A
................ ......
.............. ........
STAI'C HFS0UH(.'.U',S AWARDEDTOTIIE CIRAN'TEE PURSUANT `TO THIS AGREEMENT
MA1('31ING RESQUItICES FOR FEDFRAL PROGRAMS:
-------------- -71
m
MWttc"bj,/O,*I�"/f g
CFDA Title
...... ... rii
............
..................... ...........—
............................
'I otal Matching P"unds Associated with Federal N/A
ln)grarns
.. ................. ---—-----------------
SUBJEt',"I'TO S-EC"TION 2 7 FLORIDASTATUITS:
t WWI
"I[Mg, I "M
INS%
CSFA # CS FA Title .. .........
—],W(--'—Dei—cl—ic—lVessel Removal G t 1" ram
............. $48,475.00
................ --................. ....................................
Total State Awards 1 $48,475.00
.........................
Attachn,jent B rev.6.15.15 Page 5 of'6:
FWC Agreenjent No. FWC-19176
("'ONIPLIANCE IZEQOIREMENTS APPLICABLE' TO STATE IMSOURCES AWARDED
PURSUANTTOTDIS ACRELM[f�'NTAREAS FOLLOWS:
State P�Oj I V7lzilPizizz7 10,11/11,
7TOO", Musiadhere Io FWC Derelict Vessel Removal Grant Program Guidelines
................................... .................
..........—............
NOTL: Scctioti 200.513, OMB Uni form G uidance(2 CFR 200),as revised,and Section 215.97(5),,
florida stallays, require (hat the information about Federal Programs wid State Projects included
in Exhibit I be provided to tile Grajuce�
Attachment B revA 1 5.15 Page,6 ol'6
FWC Coim-act No. 19176) Attachment C
PAYE .ENT IZEQUIRk"MENTS
Pursuant it)the February„ 2011 leefi!s-ence(hiWe'liwSlate EYI)em-filures published by tile Department of Financial
Services, invoices for cost reinibursentent contracts must be supported by all itemized listing of expenditures by
category(salary, trowel,expenses,etc.). In addition,supporting docurnentation must be provided for each amount
t'or which reinibursernetit is being claitned indicating that the item has been paid. Check numbers may be provided
in lieu ofcopics ot'actual checks, 1"lach piece oftlocumentation should clearly reflect tile dates of service. Only,
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are exaniples(:Alypes ot'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. 11an
individual for whoin reirnburserrient is being claimed is paid by the flour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Henefils. fringe Benefits should be sUpIlOrted by invoices showing the arnount paid oil behalf of
the employee (e,g., insurance premiums paid). If the contract specifically states that
fringe benclits will be based oil a specified percentage rather than the actual cost of fringe
benctits, then the calculation tbr the fringe benefits amount most be shown.
Exception: Governmental entities are not required to provide check numbers or copies
ofebeeks for fringe benefits.
(3) '1 ravel: RCinlbUl-SCMent for travel most Ile in accordance with Section 112.061, Florida Statutes,
which includes submission oftheclairn on the approved State travel voucher orelectronic
nMins,
(it) ((her dnect cosls: Reimbursement will be made based oil paid irivoices/reccipts, It'nonexpendable property
is purchased using State funds,the contract should include a provision for the transfer of
tile property to tile State wheal services are terminated. Documentation must be provided
it) show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services
and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, lb,r Subsequent transfer to tile State.
(5) In-house charges. ("Illarges which may be of' all internal nature (e.g., postage, copies, etc.) may be
reimbursed oil as usage log which shows the units times the rate being charged, The rates
inust Ile reasonable,
(6) Indirect costs: ll'the contract specifies that indirect costs will be paid based oil a specified rate, then tile
calculation should Ile shown.
("ontracts between state agencies may submit alternative documentation to substantiate the reimbursement
re(JUCA thill nMy bC ill tile lorm cif FLAIR reports or other detailed reports.Additionally, the invoice or
stibinitted doctimentadon must evidence (lie completion of all tasks required to be perforriled for the deliverable
and Inust show(flat the provider inct the IrlilliIII1,1111 performance standards established in the agreement,
%aAttachment D
Contract 1�7f'-1-1911 76
Besd _ ._ .. :.. removal
t Iadpl<tenaerrt Iran tees fctr
m
w
Detelmcwt Vt' sssed Reinovaal Process
Idc:;r'a;: dre.l v(",'Ss.ls afire. ("'Xist ing rrhhpacts to the envrronrr'rent as well as floating safety
h aza:crctw , hrYrlacsrdrrnc,rrts to nravig atrcara, arid esthetic nuisances. Typically these vessels
z11'e tcrrrrrcd T!rcrcrnr'dc:d r.arh the edges of active waterways where they may have physical
irrrparc.as on be"Whrm, and Shoreline Cori)Ill urrities. Ido ever, the:, irrnpact of these vessels
Is newt lirrh le d to their- drrrhh ediate location, If left unattended, the influences of grinds
and fides c orrtinue to prushh the boats caaasing greater drnpaac't as they become more
deeply rnn(,c d into the envirorrrrrc nt. E'arly extractdoir of these vessels will avoid and
minimize the errvrronrrrental drrrpacts. In addition to these physical impacts resulting
f oni the: rr)uvcsrrrc,hrt of these vessel through the environment; there is the fang term
effect c.a usc,�cd by their continued degradation and decay in the marine environment.
I hese vessels array be constructed of various materials, such as wood, steel,
c lr.rrahrrrrarra, Or ss, each having varying degrees of resilience and can remain in
the oo ar inc� c-rrrviro nrrrerrt for extended periods of tirtre. With the progression of time;
the envirminhental rn7paaau s awfease with the sh'hacding,fror'n the, hull and displacement
of live: haottorrr and enaergcrr"h't ve�gc,aaatrve: rescaltirag from the expansion of
the dohrries frehcd as thel vessels disintegrates. the inipacts resultdngtrorrr the removal
of these vessels durrhrt,awany stage, is less than the hrrrpac,ts caused by the long-terra
prescAhr e of the:: vessel in the nhr.arine environment. Therefore the early detection and
renhoval of Ihe"se', abandoned arid derelict vessels is the hest means of minimizing the
individual or c:urrrcrliative rrnparacts to the environnhent,
Derelict Vessel Removal (h'DEP) Permit Exerription
Art TFxeinprd.non urrrdor t=dcar dcdaa , drrrinistraati've Code Chapter 62-3 3td- I(.S)( ) b
11oh icda Department dlrotectiorr, has been established for the
r(.'lrovaaI chf derelict vcrssels, Based on the presumpxt.ion that the extraction of these
vessc,l':i Ircrhrr the nraanne environnient will cause only rninirnal environmental impacts
aancd ill turn cavold the long-te rrn irrhpaucts resulting from the degradation of the vessel
at it cthr rent location, p fire emvirc. ninental it"npacts are ameliorated by the application
of the best practices referenced below,
Florida , rhninhst.rative, Code C:N.'ipter 62 3 0 051( )(g)
(g) Idre removal r:`at derelict vessels, as detined in "section 8 .11(l), F. ., by federal,.
state, and local agencies, piovideda
I. The de're,dhct, vessel case, has beer) completed as specified irr Section 705.103, F.S.,
and has bee;rr entered into the Statewide Derelict "Wessel Database maintained by the
Florida Fish and Wildlife Conservation ornrnhssdon;
2. All wodi is done in a ruanner that, to the greatest practicable extent, avoids
additional dredging or filling, grounding or dragging of vessels, and damage to
Submerged resources such as seagrass beds, oyster beds, coral communities,
inangroves, other wetlands, and live bottoni: and
3. An absorbent blanket or boom shall be Immediately deployed on the surface of the
water around tire derelict vessel if fuel, oil, or other free-floating pollutants are
observed during tire work.
General Derelict Vessel Removal and Environmental Protection Best Management
Practices
[he following best management practices(BMF"s) will be employed by the marine
contractor during the removal of derelict vessels,, These BMP's will be incorporated
into tt"ie contact for each vessel removal project, The marine contractor selected for
the project will be required to show proof'of their ability to meeting the BIVIP
requiren-rents with their contingency of equipment, staff and expertise in the removal
of derelict vessels.
Corripliarice with these BMP's will be monitored by the County and by local Florida
Fish and Wildlife Conservation Commission law enforcement officers. These BM:Ps
of All Work Is Io, Mee( The Following Requirements:
L Operations are to be limited to daylight hours.
2� Operations are to be staged fronr air upland area.
3� All work is to be performed in a manner that avoids and/or
ir"Onirnizes Impacts to live bottorn and other resource areas(e.g.,
seagrass beds, oyster beds, wetlands, mangroves, and other
sensitive habitats)while approaching, working in, and leaving the
derelict vessel site.
4 All work shall avoid impacts to manatees, sea turtles, arid other
species listed by the state and federal government as threatened
or protected.
15. The Contractor will remove all contaminants and pollutants
including fuels, batteries, paints, solvents, and engine from the
derelict vessel prior to extraction. Any contaminant or pollutant
found to be c.ontained within a derelict vessel shall be removed by
the Contractor, placed in an approved container, and disposed of
properly. fhe placement of an absorbent blanket on the surface of
the water around the derelict vessel within the turbidity barrier is
required where free floating product(gas/oil) is observed.
6, the Contractor is to provide appropriate best management
practices (BMPs) approved by the Florida Department of
Environmental Protection for erosion control and turbidity
protection while, each derelict vessel is being removed. In areas of
low to moderate currents, a Type 11 floating turbidity barrier will be
installed within aten (10) foot radius of the vessel being removed
prior to starting ariy rerrioval activities. The turbidity barrier shall be
,anchored to the bottom of the waterway.
'I, Fire Contractor is to provide appropriate BMPs for erosion control
and turbidity prevention around the vessels/'barges being used to
remove the derelict vessel and around the perimeter of any upland
staging site (where necessary).
8. 1 fie Contractor is to monitor turbidity levels throughout removal
work.
9 In an effort to reduce turbidity, a crane, winch and/or approved
alternate rnethod is to be used to raise the derelict vessel from the
water.
10. 1 tie Contractor will assess turbidity levels and allow them to return
to an acceptable level similar to pre-project condition prior to
r(�:rnoval of turbidity measures.
I I he dragging of vessels is to be avoided both on and off-shore.All
vessels/barges used in vessel rernoval shall continually monitor
water depths to avoid running aground,
12. The Contractor will load derelict vessels onto a barge and/or flat
bed truck (or similar) for proper,disposal.
13, fhe Contractor is to photo-document all removals as described in
Item 6 below with pictures,taken before, during and after removal.
Fhe Contractor will provide a daily written report of all removal
activities,
1). I-or Derelict Vessels 'l41at Are Floating or Lightly Aground:
I.- The vessel is to be pumped out as needed arid extracted (floated
out) during high water.
2. Following extraction, the vessel is to be towed from the grounded
to to a boat ramp or other removal point while avoiding
arid/or nrinirriizing impacts to live bottom areas,.
c,. For Derelict Vessels- That Are Hard Aground:
1, the:, vessel is to be approached using shallow draft vessels.
2. the vessel is to be extracted using a crane from a shallow draft
deck barge, by hand using the best available tools, or similar
approach to rnininrize impacts to the site and surrounding areas.
d, I-or Derelict Vessels Sunken in Shallow Water:
1. lirstall and inflate flotation bags as needed.
2 Lift the vessel with barge mounted crane or similar equipment.
/i
l+,'fat` A reea ue'srrt Number: FW('' 1.9176
. N
Attachment 1E
li t".x Contract 19176 Monroe County
Prom: Phil Horning, 1,ont,ract Manager
tth',: Return on ltrvewstrracrrrt lleportirr g
N�lc.uedafa:�� � u�sl'a
mid M a. N,-
a T , , s 4'� e a , w t • approved� y �` f , n� � g
l lais-� arrarr�aarrclaarrr rs� ar alas urrrau;rat. tlac: llcwtarrrr caf'Ir~rve,�strrrasrrt reporting
asasuasar s�i���a laarr raar o s rrr«:rtidnta.wal tr�a.l a r Trove d la 1 lc:rrrclaa s E'xecutave, Office ofthe
Governor, t..Dff"icp of Policy and Baralgaa, , in to FWC' Contract 19116.
HO Mwr I'd
a:wwa3atw,;,t�t
r^��rw�tsses asry�
rawsrrewpap *aa:rw�ra ww�.wM�uwa lfw 'tcrr°rr a:�wl 1 rrvusLrr:rc.wrrt r'a:afaor"trine
vlc 4„`hja t'sww.ws
Key rw"'rc:.w§P
Wwasa4iWtlwiivw 11u, arltrurraate crlafm,t ve is Wr the,, vessel(s) to be removed frorn the, water at
a"gun ktr,r ui Mow,
Gt,wty,s.estpw tho eaarmfrea,st possible tune to prevent a atlalrtrcrararl removal costs and potential
Mumil p , x
damage lra cart"a�sr•fi r~rrr wvrt:�l� navigation araw �tahac, a,rrvaraarrate,rr�t�. 1.�,rrrcavrr�r�l,
My,raiw.Waw,%
rwVtrs vesscds at We earliest, posmif'rle time N"a:'alrrCCS the aaa:rmt of reinovhig vessels at;
En<woya r{wbcO ,a faar"asr r rurraa Mum On, Mcfrac ndy sink car Weak 9rLt9un Lhereby rrlcre amrr3g
Via,a$4Pawl,P,adFia� �
r"a'INMV;d cos is, BY ofrrarrrrartrrr �, thesehasazaard from na vi action, there is ar
aw'9ubrwYO'w"wr .!adww8w:.
redoc ed c°lrararce crl injury or rlaath iassw—,iaated with a collision beware' to
lrarrailer• and ar ele$rc.. et: va,W thmvby reducing risk to the hoaat r, county and
etic.Sutton SHIM
Execw,rpw�;cr0rtjOW fac�'rararving' ar ro al'or- nuara"afrc.r• of a1er°esilt vessels reduces the: rrrrmbear4 of
MUMS rr rMOR rwrw.rr
Assn tdwwwr s.xectmvL-r3wwu.mhr a csravir°arrrrracsrrtarl rnc°rdentm of pollution eaau se d by sr:rrllawcl t'r.rcwlsr and oils and
JenfWefFftrwawa' the la"artl"Irng of eaatistic cheinicals into the i.iters of the state. A reduction,
(rwsp r 01 SWr1
g . . w grasses, , aand other bent icy
arf�elr.r�aa rr,t bra ��e.l a xuu;raa e� t,a.r �u�aa c�arr:•trl�
11—AA ,,rw:b,,;,, rf'a-aa:raar"tesaalm) increases value w our stiaes natural u"E'sources and Ta'allrces
r w,w or i w h, s t�s. Derelict, vessels can also, l " " blight
r�cF�t:rrr�art�iaar costs. �ra, �a hrla lit on ^evrrrirr
a7dWer rsms uwbma
rtweww wrwaator fronts, ra"mwl and residential areas. 'Phis blight can negatively aalfbct,
(elb D)486: Ey2h� I t,fr9'' r:a'arrrc;rrrtY art`t.lras.9ts areas including use, sales and te.u'u:risrrl..
ae W)4H a 4:i.r ha.3 1 AA
Wnadnwry aty:;r,d"d Whh" ."Arrarlymisa art GO lrr"ar, 'r"a m's conclusion will At the r'ruauralrear" of dereliet vess l
rn.wp.r�mwrrwr:w rw���, Uffa and/or ta'rtarf lrrraraar foot removed fair" freAh rrrchvidu l c;eru� tree raul 'th
�"'U p,Q rpa t!a ad Ow r a air"art si"aa'vwr ide to(a l_" 11m, average cost ferr vessels removed and the avmmge cost:
fra>r- lrrwarr° 1°crrrt: will aaW) be included. The report will measure they
620 W kh WiO gh f!ytrr ue
r tw.wtpdw��,w..,aiwmda por°c:°asrrtaall! of derasilt vessels removed Farr° lrertlr c u des and the e nthe
323091600 state based on Lhe l:rr•e-pro r°aarrr Cotarlsa as listed in the, Statewide Derelict
'wyess'aatl I.Da;atwalraa se;
rd i:.ut�o wa„d�,aaa�<"t Yr wtw rpar,3taz;am:
(raaaar4,4Wn w At d B ql Y
IW'WY ,7`a°w d"$d 10�V)
myrFNa't:; ;a:ruYa
INVOICE Attachment F
Bilk-,"d 1c) invoice: No 19176
Hsl-a and Wildfife, ( ows(,-.jvatNon Cottvniss�on Inv6ce Date:
FWIC, [Jerfd ct vessO Re'n"Ia:)Vat("'a"ant I Irogri"Irn FMContract#' FWC-19176
620 South Amount of Grant Award, $48,475,00
lallabassee, Hot9da ,32,300-1600
Bilhirig Period'/Dates of Service:
payrnant to
Frorn,
(3rantee Munioe ("'ourAy HOC(",': (Date Contactor Began Work)
1`00#: 69-60001491 i0'
Addrt.ss 2/98 Ovioseas i-ljfp,May, SrAh 20, Mauithon, F'forjda 33050 (Date Contractor Cum Meted Wbrk)
PROJECTCOST S.-
In-kind Services - Non cash expenses: Amount
—--------- .......... ................
In kind service, AdnirN 9slrab(.,)n
..................... ......
In kind seivice: Pi'ojext Managernent $
$
......................
0efiverables/Services Provided (Scope of Work)-Cash expenditures: Amount
Vessel 1 FVVSB190[r'F tit Z2,,`2 $ 18,000,00
Vessei 2 FWS11,19OFF00,16/4 $ 5,000.00
VessO 13 FWS[11001+010998 $ 3,1 25 00
i Vc,,-,sel 4 1 $ 3,450,010
Vessi-1 6 f-VVSH19(9I+(H20/1 $ 10,000,0f1
Vessel 6 f WSH1901,1'013992 $ 5,000,00,
Vesse 7 F WS B 1 501-F 0122 t b $ 3,900-00
l"'otal Project Cost: $48,47500
Grantee Share(0%): $ NIA
Amount for Reimbursement. $48,475,00
I ht reby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that
the rnatching, funds, in-knid or cash, were utilized toward the project rn this Agreement,
SI( ned. Date:
Pt'qect Manager
Page 1
FWCContraet No. PVC19176 Attachment C2
FLO,It 11)A 1)E It F,1,1 CT VESS EA, 11 E M 0 VA L GMANI PROGRAM
PROJECTPROGRESS REPORT
Mail to VW Cat 620 Sowh Meridian Street,Tal lahassee, FL 32399-1600 or fax to(850)488-9284.
1«W(.1 Contract It- J 91716111-1 Reporting Period(Month/Year):
(Due 15 days after the end of each month)
Grantee: Motirm C ) qy_t��)CC
L ANIr-i .....-1111-111.-- ................. ............
Project Tille: mompe ("mint Derelict Vessel Removal Pr�Agq__
-1 -...-..1.1 1(..minty—Y--.1-1-1......
1. Describe progress cat,project,including percent completed for each task in the Scope of Work:
2. Is project currently on schedide for completion by Phase I due date? YES NO
Anfivipated Phase I completion date:
(It'project is not on schedule, please exphtin,any problems encountered and/or possible delays)
3. Reporting requirements: (Check all that have been submitted to date)
E] Bid package
Bid tabulation
Progress photographs
D Fina, photographs
Draft acknowledgenient
Project Niamiger Date
Print Narne Phone
Page I cat.I
t WC, Contaaaat cry *lpNYI Jm kj2.(� All a+rtanient 1t
111.0RID/A FISH AND W'ILDLI�FE
C"ONSE,RVATION COMMISSION
FWC t. erAatwl 'Vessel Removal Grant Pro r n
TRI'll FICATION OF CA: PI.,E° "IO "fit"ATER N +NT
1, ("clot lot 1 l&tw::l'aiaa's,,
Relmesenting the Nictrnoc° (`ouraty 13Ot_C, do hereby certify that the FWC Derelict Vessel
Rw°.rrrovaal t lraatt PtcWaactra dtOY.1 1"t.attedell by FVV " t"carttatac:t No.lwll"C6, has been cw.a�aru leted in
ccrcnlalcaaaac•e, awdh all to mrtss arael colxhQms of said ,greeturettt; that all <araacauaats payable lbr
at atc iaals, l<.claor aaatcd crthe.r c.:hatpc,M,a agaainm am puyect have been paid; and thm aaca liens have been
anuc.lull ag araat t tlra; darcalw c t.
(� alta"ataca"N::y ll'.3.ale
WAltNIN i "`Whaw v r l;.car.bww°h%ty nwhs u Use aka ernent in %wiling wYUh the Ircta;cct in rrwisle:aae:l as Iaca Aie semartt Ita
thac Irer`t'�a�°ra'edcuce:�i��apt twk ewr twr Official(July SIcaall he gu&Ly cat a"dWeammum of the second degree,hacanishabie as
prt vtdecl in s T/S,082 cm s TM.08 1" § 8 4 7.06, Florrrlaa Sl attat(�s.
Clods 1 Ilr'ItMIS 11Y COMMISSION
I c wd thy: Than to Ow lacsg aal'inn knowledge and belief, tlae work on the above-tra rare
laterQ has been satislactcaril tinder tltc: tertaas art`t.he Agreenlent,
l)ivi�,,kart:
lly ......... ........_....._ Data
l'I aata a+c+: