Item G4 G.4
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Heather Carruthers,District 3
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{sJ ` °' Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` .I3 p�` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
November 17, 2020
Agenda Item Number: G.4
Agenda Item Summary #7495
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505
n/a
AGENDA ITEM WORDING: Approval of a Grant Agreement ("Agreement") between the
Florida Fish and Wildlife Conservation Commission (FWC) and the Monroe County, providing
$1,300,000 for a marine debris cleanup project along shorelines and nearshore waters affected by
Hurricane Irma.
ITEM BACKGROUND: On September loth, 2017 Hurricane Irma made landfall in the Florida
Keys as a Category 4 storm causing significant impacts to the marine environment including the
deposition of a variety of marine debris. While past efforts have been successful in removing debris
from high impact areas, scattered debris remains along various shorelines and in nearshore waters
throughout the Keys waters of Monroe County.
To support the recovery of impacted marine environments and associated fisheries, the National
Oceanic and Atmospheric Administration (NOAA) Fisheries Services allocated $44,608,039 to the
State of Florida. The Florida Fish and Wildlife Conservation Commission (FWC) developed a
Hurricane Irma Fishery Disaster Funding Proposal, including allocation of $1.3 million for marine
debris cleanup with a focus on fisheries-related debris. FWC selected Monroe County as a sub-
recipient of this funding to perform this work which will be subcontracted to a vendor sought under
a Request for Proposals (RFP) which is also on the Board's agenda. No match is required by the
County for this funding.
The project will target mangrove shorelines and associated nearshore waters adjacent to publicly
owned lands between Marathon and Sugarloaf Key which is anticipated to have the highest density
of remaining trap debris. The project will not include debris removal in canals. The primary focus
will be on the retrieval of commercial trap gear, particularly entangled trap rope, as well as other
man-made debris identified by the project. The project requires that the Contractor utilize local
commercial fishermen to perform the work as they have extensive knowledge of Keys waters and
are generally well-equipped to perform this type of work.
The work must be completed no later than June 30th, 2021. Under separate authorization by the
Board, staff will begin the RFP process for vendor selection. Staff requests approval by the Board to
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accept this grant funding from FWC.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
H_FWC 20059 Vendor Contract_rcvd 10-29-20
I_FWC 20059_Attachment A_Scope_rcvd 10-29-20
J FWC 20059 Attachment B Cost Reimburs
K_FWC 20059_Attachment C_Requirements of Fed
L_FWC 20059—Attachment D_Cert of Completion
FINANCIAL IMPACT:
Effective Date: Upon final execution
Expiration Date: June 30, 2021
Total Dollar Value of Contract: $1,300,000
Total Cost to County: $0
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: NOAA/FWC
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: No
Insurance Required: N/A
Additional Details:
none
REVIEWED BY:
Emily Schemper Completed 10/29/2020 1:30 PM
Peter Morris Completed 11/02/2020 4:19 AM
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Assistant County Administrator Christine Hurley Completed
11/02/2020 7:33 AM
Purchasing Completed 11/02/2020 8:12 AM
Budget and Finance Completed 11/02/2020 8:15 AM
Maria Slavik Completed 11/02/2020 10:18 AM
Liz Yongue Completed 11/02/2020 11:33 AM
Board of County Commissioners Pending 11/17/2020 9:00 AM
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FWC Contract No. 20059CIick here to enter Contract Number
STATE OF FLORIDA ��—
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
CONTRACT No. 20059
The FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION,whose address is 620 0)
South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and Monroe Co mty
Board of County Commissioners. FEI 59-60007 9 whose address is 500 Wln teliead Street, Kev West, 0
F1� 33040,hereinafter"Contractor", collectively, "Parties".
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INTRODUCTORY CLAUSES
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The Commission and Contractor intend to partner together to coordinate tiic removal of rennainin
slioreCine and nears[iore near ne debris associated N th hurricane lrna Nvf'liin the l-'lo rda Keys;
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The Commission has awarded this Contract _ pursuant to the requirements of Sections 287.057, Florida
Statutes; and Such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and
public welfare.
TERMS OF THE CONTRACT
The Commission and the Contractor,for the considerations stated in this Contract,agree as follows:
1. PROJECT DESCRIPTION.
The Contractor shall provide the services and products, and perform the specific responsibilities c
and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a
part hereof(hereafter, Scope of Work). The Scope of Work, Attachment A specifically identifies a.
project tasks and accompanying deliverables. These deliverables must be submitted and approved 0.
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by the Commission prior to any payment. The Commission will not accept any deliverable that
does not comply with the specified required minimum level of service to be performed and the N
criteria for evaluating the successful completion of each deliverable. If this Contract was
competitively procured, the Contractor's response to the Commission's solicitation is hereby
incorporated by reference.
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2. PERFORMANCE.
A. Contractor Performance. The Contractor shall perform the activities described in the 0
Scope of Work, Attachment A in a proper and satisfactory manner. Unless otherwise
provided for in the Scope of Work, Attachment A, any and all equipment, products or
materials necessary or appropriate to perform under this Contract shall be supplied by the
Contractor. Contractor shall obtain all necessary local, state, and federal authorizations >i
necessary to complete this project, and the Contractor shall be licensed as necessary to LO
perform under this Contract as may be required by law,rule, or regulation; the Contractor
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shall provide evidence of such compliance to the Commission upon request. The U
Contractor shall procure all supplies and pay all charges, fees, taxes and incidentals that
may be required for the completion of this Contract. By acceptance of this Contract, the s�
Contractor warrants that it has the capability, integrity and reliability to assure good-faith �.
performance. Contractor shall immediately notify the Commission's Contract Manager in W
writing if its ability to perform under the Contract is compromised in any manner during
the term of the Contract. The Commission shall take appropriate action,including potential
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FWC Contract No. 20059Click here to enter Contract Number
termination of this Contract pursuant to paragraph ten (10) Remedies,below, in the event
the Contractor's ability to perform under this Contract becomes compromised.
B. Contractor Responsibilities. The Contractor agrees that all Contractor employees,
subcontractors, or agents performing work under the Contract shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, W
Contractor shall furnish a copy of technical certification or other proof of qualification. All S
employees, subcontractors, or agents performing work under the Contract must comply 0
with all security and administrative requirements of the Commission. The Commission
may conduct, and Contractor shall cooperate in, a security background check or otherwise cu
assess any employee,subcontractor,or agent furnished by Contractor for this scope of work
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(on this project). The Commission in coordination with the Contractor may refuse access
to, or require replacement of, any personnel for cause, including, but not limited to, a.
technical or training qualifications, quality of work, change in security status, or non- 0
compliance with the Commission's security or other requirements. Such refusal shall not
relieve Contractor of its obligation to perform all work in compliance with the Contract.
The Commission may reject and bar from any facility for cause any of Contractor's
employees, subcontractors,or agents.
C. Commission Rights to Assign or Transfer. Contractor agrees that the State of Florida m
shall at all times be entitled to assign or transfer its rights, duties, or obligations under this
Contract to another governmental agency in the State of Florida,upon giving prior written CD
notice to Contractor.
3. CONTRACT PERIOD.
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A. Contract Period and Limited Obligation Period. This Contract shall begin upon >
execution by both Parties or i`12 i/2`�2`�(whichever is later)and end`�6/0/2`�2 i,inclusive. �
The Commission shall not be obligated to pay for costs related to this Contract prior to its
beginning date or after its ending date.
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B. Renewal — Competitive Procurement. If this Contract was competitively procured
pursuant to Section 287.057, Florida Statutes, the renewal price(s) must be set forth in the
Contractor's response to the Commission's bid document. The renewal price(s) for this
Contract are included in the Scope of Work, Attachment A. If applicable, renewal of this �?
Contract shall be subject to the availability of funds, satisfactory performance evaluations
by the Commission, and at the discretion of the Commission;it must also be in writing and
subject to the same terms and conditions of this Contract. Renewal amendments must be
executed prior to the end date of the Contract. Any costs associated with a renewal may
not be passed onto the Commission.
C. Renewal — Exceptional Purchase. If this Contract was procured by an exceptional >i
purchase pursuant to Subsections 287.057(3)(a) or (3)(c), Florida Statutes (F.S.), it may LO
not be renewed. Subsection 287.057(13), F.S.,provides that contracts for commodities or N
contractual services may be renewed for up to three (3) years, or for a total term not to
exceed the original Contract period, whichever is longer. If applicable, renewal of this
Contract shall be subject to the availability of funds, satisfactory performance evaluations si
by the Commission, and at the discretion of the Commission;it must also be in writing and
subject to the same terms and conditions of this Contract. Renewal amendments must be
executed prior to the end date of the Contract. Any costs associated with a renewal may E
not be passed onto the Commission.
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| FWC Contract No. 20059Click here tw enter Contract Number
/ D. Renewal Period,This Contract
E. Extension. lf this ia o Contract for contractual services, any extension ofdda contract as °
provided for in the Scope of Work, Attachment A shall bcinwriting for o period not to
exceed six(6)months and shall be subject to the same terms and conditions set forth in the
initial Contract. There shall be only one extension of this Contract unless the failure to
zucct the odtcdo act forth in the Contract for completion of the Contract is due to events U)
beyond the oonUn|of the Contractor.
4' COMPENSATION AND PAYMENTS'
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A. Compensation. As consideration for the acrvioca rendered by the Contractor under the 0
tcoua of this Contract, the Commission ahoU pay the Contractor on a cost ret'fribursefrient
B. Poymueotx, The Commission shall pay the Contractor for satisfactory performance ofthe �
toaba identified inthe Scope of Work, Attachment A, as evidenced bvthe oozup|ctcd
deliverables, upon submission of invoices, 0000zuponicd by supporting documentation
sufficient to Joadfv invoiced cxpcnaca or fees, and after 000cptanoc of acrvioca and
dc|ivcrob|ca in writing by the Cozuzuiaaion`a Contract Manager, identified in paragraph cp
c|cvcn (||), bc|ox'. Uo|caa otherwise specified inthe Scope of Work, Attachment A,
invoices shall be due monthly, commencing ftnm the start date of this Contract. Invoices �
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zuoat be legible and zuoat o|cody reflect the goods or acrvioca that were provided in
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0000rdonoc with the tcoua of the Contract for the invoice period. i]n|caa otherwise
apcd�cdinthc Scope of\�ork, A�oohzucntA, o �nd invoioc and| bc submitted the
Commission no later than forty-five(45)days following the expiration date of this Contract0.
to assure the availability of funds for payment.Costs under this Contract must bcobligated,
and all work completed by the Contractor by the end of the Contract period identified in ~�
paragraph three (3).
C. Uo���c�x Each invoice and| include the Commission Contract 7�uo�bcr and the
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Contractor's Federal Employer Identification (FElD)Number. Invoices, with supporting
documentation, may be submitted c|coUnniod\v to the attention of the Commission's �
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Contract Manager identified in Paragraph eleven(||)below. lf submitting hard copies, on
original and two (2) copies ofthe invoice, plus all supporting documentation, shall be
submitted. All bills for amounts due under this Contract and| be submitted in detail 0
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sufficient for o proper pre-audit and post-audit thereof Contractor acknowledges that the
Cozuzuiaaion`a Contract Manager shall rejectinvoioca lacking documentation necessary to
oatifvinvoiocdexpenses. �
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D. Travel Expenses.If authonized in the Scope of Work,Attachment A,travel expenses shall LO
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be reimbursed in 0000nionoc with Section 112.061, P.S. CD
E. State Obligation to Pay. The State ofP|oddo`a pcdoouonoc and obligation to pay under
this Contract is contingent upon on annual appropriation by the lcgia|oburc. The Parties
hereto understand that this Contract and any renewal thereof is not a commitment to future
appropriations but is aobicot to appropriation and authority to spend provided by the
lcgia|oburc. The Commission shall bc the find authority oatothe availability of funds for
this Contract, and oato what constitutes an "annual appropriation" offunds to complete
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FWC Contract No. 20059C1ick here to enter Contract Number
this Contract.If such funds are not appropriated or available for the Contract purpose,such
event will not constitute a default on behalf of the Commission or the State. The
Commission's Contract Manager shall notify Contractor in writing at the earliest possible
time if funds are not appropriated or available.
F. Non-Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires W
that under non-competitive procurements, a Contractor may not receive a rate of payment
in excess of the competitive prevailing rate for those services unless expressly authorized
in the General Appropriations Act. If applicable,the Contractor warrants,by execution of
this Contract, that the amount of non-competitive compensation provided in this Contract M
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is in compliance with Section 216.3475, F.S.
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G. Time Limits for Payment of Invoices. Payments shall be made in accordance with
Sections 215.422 and 287.0585, F.S., governing time limits for payment of invoices. U
Section 215.422, F.S. provides that agencies have five (5) working days to inspect and
approve goods and services, unless bid specifications or the Scope of Work, Attachment
A, specifies otherwise. If payment is not available within forty(40) days, measured from
the latter of the date the invoice is received or the goods or services are received,inspected
and approved, a separate interest penalty set by the Department of Financial Services E
pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice
amount. Invoices returned to a vendor due to preparation errors will result in a payment
delay. Invoice payment requirements do not start until a properly completed invoice is
provided to the agency.
H. Electronic Funds Transfer. The Contractor agrees to enroll in Electronic Funds Transfer c
(EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date >
the last Part has signed this Contract.Copies of the Authorization form and a sample blank c
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enrollment letter can be found on the vendor instruction page at:
htlp://www.fldfs.com/aadir/direct_deposit_web/Vendors.htm N
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Questions should be directed to the State of Florida's EFT Section at(850)413-5517. Once
enrolled, invoice payments will be made by EFT.
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I. Vendor Ombudsman.A Vendor Ombudsman,whose duties include acting as an advocate
for vendors who may be experiencing problems in obtaining timely payment(s) from a
State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial 0
Officer's Hotline, (800) 342-2762.
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5. MYFLORIDAMARKETPLACE VENDOR REGISTRATION AND TRANSACTION FEE.
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A. MyFloridaMarketPlace. In accordance with Rule 60A-1.033 of the Florida LO
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Administrative Code (F.A.C.), each vendor doing business with the State for the sale of N
commodities or contractual services as defined in Section 287.012, F.S., shall register in U
the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033(3), F.A.C.
Information about the registration process is available, and registration may be completed,
at the MyFloridaMarketPlace website (link under Business on the State portal at
www.myflorida.com). Interested persons lacking Internet access may request assistance W
from the MyFloridaMarketPlace Customer Service at (866-352-3776) or from State
Purchasing, 4050 Esplanade Way, Suite 300, Tallahassee, Florida 32399.
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FWC Contract No. 20059Click here to enter Contract Number
B. Transaction Fee. Pursuant to Section 287.057(22), F.S., all payments, unless exempt W
under Rule 60A-1.033(3), F.A.C., shall be assessed a Transaction Fee, which the Vendor
shall pay to the State. For payments within the State accounting system (Florida
Accounting Information Resource, FLAIR, or its successor), the Transaction Fee shall,
when possible, be automatically deducted from payments to the Vendor. If automatic W
deduction is not possible,the Vendor shall pay the Transaction Fee pursuant to Rule 60A-
1.031(2), F.A.C. By submission of these reports and corresponding payments, Vendor 0
certifies their correctness. All such reports and payments shall be subject to audit by the U)
State or its designee.
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6. RETURN OR RECOUPMENT OF FUNDS. v,
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A. Overpayments to Contractor. The Contractor shall return to the Commission any 0
overpayments due to unearned funds or funds disallowed pursuant to the terms of this
Contract that were disbursed to the Contractor by the Commission. In the event that
Contractor or its independent auditor discovers that overpayment has been made,
Contractor shall repay said overpayment within forty (40) calendar days without prior
notification from the Commission. In the event that the Commission first discovers an
overpayment has been made,the Commission will notify the Contractor in writing. Should E
repayment not be made in a timely manner, the Commission shall be entitled to charge
interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the
outstanding balance beginning forty (40) calendar days after the date of notification or
discovery. Refunds should be sent to the Commission's Contract Manager and made
payable to the "The Florida Fish and Wildlife Conservation Commission."
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B. Additional Costs or Monetary Loss Resulting from Contractor Non-Compliance. If >
the Contractor's non-compliance with any provision of the Contract results in additional 2
cost or monetary loss to the Commission or the State of Florida to the extent allowed by
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Florida law, the Commission can recoup that cost or loss from monies owed to the
Contractor under this Contract or any other contract between the Contractor and the N
Commission. In the event that the discovery of this cost or loss arises when no monies are N
available under this Contract or any other contract between the Contractor and the
Commission,Contractor will repay such cost or loss in full to the Commission within thirty
(30) days of the date of notice of the amount owed, unless the Commission agrees, in �?
writing, to an alternative timeframe. If the Contractor is unable to repay any cost or loss
to the Commission, the Commission shall notify the State of Florida, Department of
Financial Services,for resolution pursuant to Section 17.0415, F.S. 0
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7. COMMISSION EXEMPT FROM TAXES,PROPERTY EXEMPT FROM LIEN. c
The Contractor recognizes that the State of Florida,by virtue of its sovereignty, is not required to >i
pay any taxes on the services or goods purchased under the terms of this Contract. Contractor is LO
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placed on notice that this exemption generally does not apply to other parties of this agreement, CD
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contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to
the Commission Contract Manager.
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A. If the Contract involves the improvement of real property titled to the State of Florida,then
the following paragraph applies.
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FWC Contract No. 2009Click here to enter Contract Number
The Contractor acknowledges that property being improved is titled to the State of
Florida and is not subject to lien of any kind for any reason. The Contractor shall W
include notice of such exemptions in any subcontracts and purchase orders issued
hereunder. .�
8. MONITORING.
The Commission's Contract Manager shall actively monitor the Contractor's performance and 0
compliance with the terms of this Contract. The Commission reserves the right for any U)
Commission staff to make scheduled or unscheduled,announced or unannounced monitoring visits.
Specific monitoring terms, conditions, and schedules may be included in the Scope of Work,
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Attachment A. v,
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9. TERMINATION.
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A. Commission Termination. The Commission may unilaterally terminate this Contract for
convenience by providing the Contractor with thirty (30) calendar days of written notice
of its intent to terminate. The Contractor shall not be entitled to recover any cancellation
charges or lost profits. The Contractor may request termination of the Contract for
convenience. E
B. Termination—Fraud or Willful Misconduct.This Contract shall terminate immediately
in the event of fraud or willful misconduct on the part of the Contractor. In the event of
such termination, the Commission shall provide the Contractor with written notice of
termination.
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C. Termination - Funds Unavailability. In the event funds to finance this Contract become
unavailable or if federal or state funds upon which this Contract is dependent are withdrawn
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or redirected, the Commission may terminate this Contract upon no less than twenty-four 0.
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(24)hours' notice in writing to the Contractor. Said notice shall be delivered by certified
mail, return receipt requested or in person with proof of delivery. The Commission shall N
be the final authority as to the availability of funds and will not reallocate funds N
appropriated for this Contract to another program thus causing"lack of funds." In the event
of termination of this Contract under this provision, the Contractor will be compensated
for any work satisfactorily completed and any non-cancellable obligations properly �?
incurred prior to notification of termination.
D. Termination—Other.The Commission may terminate this Contract if the Contractor fails
to: 1.) comply with all terms and conditions of this Contract;2.)produce each deliverable
within the time specified by the Contract or extension; 3.)maintain adequate progress,thus c
endangering the performance of the Contract; or,4.) abide by any statutory,regulatory,or
licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and >i
consequences for default. The rights and remedies of the Commission in this clause are in LO
addition to any other rights and remedies provided by law or under the Contract. Contractor CD
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shall not be entitled to recover any cancellation charges or lost profits.
E. Contractor Discontinuation of Activities upon Termination Notice. Upon receipt of i
notice of termination,the Contractor shall,unless the notice directs otherwise,immediately
discontinue all activities authorized hereunder. Upon termination of this Contract, the
Contractor shall promptly render to the Commission all property belonging to the E
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FWC Contract No. 20059Click here to enter Contract Number
Commission. For the purposes of this section,property belonging to the Commission shall `"
include,but shall not be limited to,all books and records kept on behalf of the Commission. W
10. REMEDIES.
A. Financial Consequences. In accordance with Section 287.058(I)(h), F.S., the Scope of W
Work, Attachment A contains clearly defined deliverables. If the Contractor fails to
produce each deliverable within the time frame specified by the Scope of Work, 0
Attachment A the budget amount allocated for that deliverable will be deducted from the
Contractor's payment. The Commission shall apply any additional financial consequences M
identified in the Scope of Work, Attachment A. E
B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are C 0L
in addition to any other rights and remedies provided by law or under the Contract. 0
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11. NOTICES AND CORRESPONDENCE.
Any and all notices shall be delivered to the individuals identified below. In the event that any
Party designates a different Contract Manager after the execution of this Contract, the Party will
provide written notice of the name,address,zip code,telephone and fax numbers,and email address
of the newest Contract Manager or individual authorized to receive notice on behalf of that Party
to all other Parties as soon as possible, but not later than five (5) business days after the new
Contract Manager has been named. A designation of a new Contract Manager shall not require a
formal amendment to the Contract.
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FOR THE COMMISSION: FOR THE CONTRACTOR: c
Contract Manager Contract Manager
LD)e ire RK.eskKo C ft'a fiitcli ns 2
(.ov rnn-lent Operations Consuftant 111 `enf'or Aciflnintstrator
Dki's on csC Marf'n i" slicrics 1,Ia a)e�1�nt Monroe County .w.
1875 Orz m� Ave East 2798 Overseas iiN v, `etc 400 cV
'affaliassec. l--i, 32311 Marathon, l-i, 33050
I cN in.R.esko(((" 'lyi-,Wc.cofrI ii tcli ns-Cettait(;flionrc) county-fl.<7)ON
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12. AMENDMENT.
A. Waiver or Modification.No waiver or modification of this Contract or of any covenant,
condition, or limitation herein contained shall be valid unless in writing and lawfully
executed by both Parties.
B. Change Orders. The Commission may, at any time, by written order, make a change to >i
this Contract. Such changes are subject to the mutual agreement of both Parties as LO
evidenced in writing. Any change which causes an increase or decrease in the Contractor's N
cost or time shall require an Amendment. Minor changes, such as those updating a parry's
contact information, may be accomplished by a Modification.
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C. Renegotiation upon Change in Law or Regulations.The Parties agree to renegotiate this
Contract if federal and/or state revisions of any applicable laws or regulations make
changes in the Contract necessary. E
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FWC Contract No. 20059Click here to enter Contract Number
13. PROPERTY RIGHTS.
A. Intellectual and Other Intangible Property.
I. Contractor's Pre-existing Intellectual Property (Proprietary) Rights. Unless
specifically addressed otherwise in the Scope of Work,Attachment A,intellectual and W
other intangible property rights to the Contractor's pre-existing property will remain
with the Contractor. 0
ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, E
licensing, marketing or other authorization related to any intellectual and other
intangible property right created or otherwise developed by the Contractor under this
Contract for the Commission shall be handled in the manner specified by applicable a.
Florida State Statute and/or Federal program requirements. 0
iii. Commission Intellectual Property Rights. Where activities supported by this
Contract produce original writing, sound recordings,pictorial reproductions,drawings
or other graphic representation and works of any similar nature, the Commission and
the State of Florida have the unlimited,royalty-free,nonexclusive,irrevocable right to
use, duplicate and disclose such materials in whole or in part, in any manner, for any E
purpose whatsoever and to have others acting on behalf of the Commission to do so.
If this Contract is supported by federal funds, the federal awarding agency reserves a
royalty-free,nonexclusive and irrevocable right to reproduce,publish,or otherwise use
the work for federal purposes, and to authorize others to do so.
B. Purchase or Improvement of Real Property. c
This a r ernent is not for the urchase or irn-provement of read -orop rtv therefore, the
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following terms and conditions do not gpply. 0.
i. Title. If this Contract is supported by state funds, the Contractor shall comply with N
Section 287.05805,F.S. This section requires the Contractor to grant a security interest N
in the property to the State of Florida,the type and details of which are provided for in
Attachment A, Scope of Work.Title to state-owned real property remains vested in the ->
state. i
ii. Use. State-owned real property will be used as provided in Attachment A, Scope of
Work. c
C. Non-Expendable Property.
i. Non-Expendable Property Defined. For the requirements of this section of the >i
Contract, "non-expendable property" is the same as "property" as defined in Section LO
273.02, F.S. (equipment, fixtures, and other tangible personal property of a non-
consumable and non-expendable nature,with a value or cost of$1,000.00 or more,and c,
a normal expected life of one year or more; hardback-covered bound books that are
circulated to students or the general public,with a value or cost of$25.00 or more; and
uncirculated hardback-covered bound books,with a value or cost of$250.00 or more).
ii. Title to Non-Expendable Property. Title(ownership)to all non-expendable property
acquired with funds from this Contract shall be vested in the Commission and said
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property shall be transferred to the Commission upon completion or termination of the
Contract unless otherwise authorized in writing by the Commission or unless otherwise W
specifically provided for in Attachment A Scope of Work.
14. RELATIONSHIP OF THE PARTIES.
A. Independent Contractor.The Contractor shall perform as an independent contractor and
not as an agent,representative,or employee of the Commission. The Contractor covenants 0
that it presently has no interest and shall not acquire any interest that would conflict in any U)
manner or degree with the performance of services required. Each party hereto covenants M
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that there is no conflict of interest or any other prohibited relationship between the
Contractor and the Commission.
a.
B. Contractor Training Qualifications. The Contractor agrees that all Contractor 0
employees, subcontractors,or agents performing work under the Contract shall be properly
trained technicians who meet or exceed any specified training qualifications. Upon
request, Contractor shall furnish a copy of technical certification or other proof of
qualification.
C. Commission Security. All employees, subcontractors, or agents performing work under m
the Contract must comply with all security and administrative requirements of the
Commission. The Commission may conduct, and the Contractor shall cooperate in, a C'
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security background check or otherwise assess any employee, subcontractor, or agent
furnished by the Contractor. The Commission may refuse access to,or require replacement
of, any personnel for cause, including, but not limited to, technical or training
qualifications, quality of work, change in security status, or non-compliance with the c
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Commission's other requirements. Such refusal shall not relieve the Contractor of its
obligation to perform all work in compliance with the Contract. The Commission in
0.
coordination with the Contractor may reject and bar from any facility for cause any of
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Contractor's employees, subcontractors, or agents.
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D. Commission Rights to Assign or Transfer.The Contractor agrees that the State of Florida
shall at all times be entitled to assign or transfer its rights, duties, or obligations under this
Contract to another governmental agency in the State of Florida,upon giving prior written
notice to the Contractor. 2
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E. Commission Rights to Undertake or Award Supplemental Contracts. The Contractor
agrees that the Commission may undertake or award supplemental contracts for work 0
related to the Contract. The Contractor and its subcontractors shall cooperate with such
other contractors and the Commission in all such cases. c
15. SUBCONTRACTS. >i
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A. Authority. Contractor is )ermitted to subcontract: work under this A reement
therefore, the followin terms and conditions a lv. The Contractor shall ensure, and c,
provide assurances to the Commission upon request, that any subcontractor selected for
work under this Contract has the necessary qualifications and abilities to perform in
accordance with the terms and conditions of this Contract. The Contractor must provide �.
the Commission with the names of any subcontractor considered for work under this
Contract; the Commission in coordination with the Contractor reserves the right to reject
any subcontractor. The Contractor agrees to be responsible for all work performed and all
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expenses incurred with the project. Any subcontract arrangements must be evidenced by
a written document available to the Commission upon request. The Contractor further W
agrees that the Commission shall not be liable to the extent allowed by law, to any
subcontractor for any expenses or liabilities incurred under the subcontract and the S
Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred
under the subcontract.
B. Contactor Payment to Subcontractor. If subcontracting is permitted pursuant to 0
Paragraph A, above, the Contractor agrees to make payments to the subcontractor upon U)
completion of work and submitted invoice in accordance with the contract between the M
Contractor and subcontractor. Failure to make payment pursuant to any subcontract will
result in a penalty charged against the Contractor and paid to the subcontractor in the
amount of one-half of one percent(0.50%) of the amount due per day from the expiration c-
of the period allowed herein for payment. Such penalty shall be in addition to actual 0
payments owed and shall not exceed fifteen percent(15%)of the outstanding balance due. U
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C. Commission Right to Reject Subcontractor Employees. The Commission in
coordination with the Contractor shall retain the right to reject any of the Contractor's or
subcontractor's employees whose qualifications or performance, in the Commission's
judgment, are insufficient. E
D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to
Paragraph A above, the Contractor agrees to take such actions as may be necessary to
ensure that each subcontractor will be deemed to be an independent contractor and will not
be considered or permitted to be an agent, servant,joint venturer,or partner of the State of
Florida.
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16. MANDATORY DISCLOSURE. 2
These disclosures are required by State law, as indicated, and apply when this Contract includes
State funding; and by Federal law, as indicated.
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A. Disclosure of Interested State Employees. This Contract is subject to Chapter 112, F.S.
Contractors shall provide the name of any officer, director, employee, or other agent who
is affiliated with this project and an employee of the State of Florida.
B. Convicted Vendors. Contractor hereby certifies that neither it, nor any person
or affiliate of Contractor, has been convicted of a Public Entity Crime as 0
defined in section 287.133, F.S., nor placed on the convicted vendor list.
Contractor shall have a continuing obligation to disclose,to the Commission,in writing,if
it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted
vendors list maintained by the Florida Department of Management Services pursuant to >i
Section 287.133(3)(d), F.S. 'n
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i. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or U
affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not be awarded or perform work as a Contractor, supplier,
subcontractor or consultant under a contract with any public entity and may not transact
business with any public entity in excess of the threshold amount provided in Section
287.017,F.S.,for Category Two for a period of thirty-six(36)months from the date of
being placed on the convicted vendor list. The State of Florida, Department of
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Management Services, Division of State Purchasing provides listings for convicted, `
suspended, discriminatory and federal excluded parties, as well as the vendor W
complaint list at:
htip://www.dms.myflorida.com/business_operations/state purchasing/vendor inform
ation/convicted_suspended_discriminatory_complaints_vendor_lists
ii. Notice of Conviction of Public Entity Crime. Any person must notify the 0
Department of Management Services and the Commission, in writing, within thirty U)
(30) days after conviction of a public entity crime applicable to that person or an M
affiliate of that person as defined in Section 287.133, F.S.
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C. Vendors on Scrutinized Companies List. CL
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i. Scrutinized Companies. Contractor certifies that it and any of its affiliates are not U
scrutinized companies as identified in Section 287.135,F.S. In addition, Contractor
agrees to observe the requirements of Section 287.135,F.S., for applicable sub-
agreements entered into for the performance of work under this Agreement. Pursuant ?:
to Section 287.135, F.S.,the Commission may immediately terminate this Agreement
for cause if the Contractor,its affiliates, or its subcontractors are found to have E
submitted a false certification; or if the Contractor,its affiliates,or its subcontractors
are placed on any applicable scrutinized companies list or engaged in prohibited
contracting activity during the term of the Agreement. As provided in Subsection
287.135(8), F.S.,if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
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D. Discriminatory Vendors. Contractor shall disclose to the Commission,in writing,if they, >
their contractor,or subcontractor, are on the Discriminatory Vendor List maintained by the
Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An
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entity or affiliate who has been placed on the discriminatory vendor list may not submit a
bid, proposal, or reply on a contract to provide any goods or services to a public entity; c14
may not submit a bid, proposal, or reply on a contract with a public entity for the N
construction or repair of a public building or public work;may not submit bids,proposals,
or replies on leases of real property to a public entity;may not be awarded or perform work ->
as a contractor, supplier, subcontractor, or consultant under a contract with any public �?
entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S.
Contractor has a continuing duty to disclose to the Commission whether they appear on the
discriminatory vendor list. 0
E. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative c
Proceedings.Throughout the term of the Contract,the Contractor has a continuing duty to
promptly disclose to the Commission's Contract Manager,in writing,upon occurrence, all >i
civil or criminal litigation investigations, arbitration or administrative proceedings LO
(Proceedings)relating to or affecting the Contractor's ability to perform under this contract. N
If the existence of such Proceeding causes the Commission concern that the Contractor's
ability or willingness to perform the Contract is jeopardized, the Contractor may be
required to provide the Commission with reasonable assurances to demonstrate that: a.) i
The Contractor will be able to perform the Contract in accordance with its terms and
conditions; and, b.) The Contractor and/or its employees or agents have not and will not
engage in conduct in performing services for the Commission which is similar in nature to E
the conduct alleged in such Proceeding.
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17. INSURANCE.
The Contractor warrants and represents that it is insured, or self-insured for liability
insurance, in accordance with applicable state law and that such insurance or self-insurance
offers protection applicable to the Contractor's officers, employees, servants and agents
while acting within the scope of their employment with the Contractor.
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18. SPONSORSHIP.
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As required by Section 286.25, F.S., if the Contractor is a nongovernmental organization which F
sponsors a program financed wholly or in part by state funds,including any funds obtained through 0
this Contract, it shall, in publicizing, advertising, or describing the sponsorship of the program,
state: "Sponsored by (the Contractor's name) and the State of Florida, Fish and Wildlife
Conservation Commission." If the sponsorship reference is in written material, the words "State
of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or
type as the name of the Contractor's organization. Additional sponsorship requirements may be
specified in Attachment A, Scope of Work.
19. PUBLIC RECORDS.
A. All records in conjunction with this Contract shall be public records and shall be treated in
the same manner as other public records that are under Chapter 119, F.S.
B. This Contract may be unilaterally canceled by the Commission for refusal by the
Contractor to allow public access to all documents,papers,letters,or other material subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor 0
in conjunction with this Contract, unless exemption for such records is allowable under 0.
Florida law.
C. If the Contractor meets the definition of"Contractor"in Section 119.0701(1)(a) F.S., the
Contractor shall comply with the following:
i. IF THE CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF THE
CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC 0
RECORDS RELATING TO THIS CONTRACT, 0
CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT: 850-488-6553, RecordsCustodian( myfwc.com, and >I
620 South Meridian Street, Tallahassee FL 32399 CD
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ii. Keep and maintain public records required by the Commission to perform the
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service.
iii. Upon request from the Commission's custodian of public records,provide the i
Commission with a copy of the requested records or allow the records to be =
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in Chapter 119, F.S. or as otherwise provided by law.
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IV. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized W
by law for the duration of the contract term and following completion of the
contract if the Contractor does not transfer the records to the Commission.
V. Upon completion of the contract transfer, at no cost, to the Commission all
public records in possession of the Contractor or keep and maintain public W
records required by the Commission to perform the service. If the Contractor
transfers all public records to the Commission upon completion of the contract, 0
the Contractor shall destroy any duplicate public records that are exempt or U)
confidential and exempt from public records disclosure requirements. If the M
Contractor keeps and maintains public records upon completion of the
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contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the a.
Commission, upon request from the Commission's custodian of public 0
records,in a format that is compatible with the information technology systems
of the Commission.
20. COOPERATION WITH INSPECTOR GENERAL.
Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor,
understand and will comply with their duty to cooperate with the Inspector General in any E
investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any
other authorized State official, the Contractor shall provide any type of information the Inspector CD
General deems relevant to the Contractor's integrity or responsibility. Such information may
include, but shall not be limited to, the Contractor's business or financial records, documents, or
files of any type or form that refer to or relate to the Agreement.The Contractor agrees to reimburse
the State for the reasonable costs of investigation incurred by the Inspector General or other c
authorized State official for investigations of the Contractor's compliance with the terms of this or
any other agreement between the Contractor and the State which results in the suspension or
debarment of the Contractor. Such costs shall include but shall not be limited to: salaries of
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investigators, including overtime; travel and lodging expenses; and expert witness and
documentary fees.
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21. SECURITY AND CONFIDENTIALITY.
The Contractor shall not divulge to third Parties any clearly marked confidential information
obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or
employees in the course of performing Contract work. To ensure confidentiality, the Contractor
shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of 0
this paragraph shall survive the Contract.
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22. RECORD KEEPING REQUIREMENTS.
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A. Contractor Responsibilities. The Contractor shall maintain accurate books, records, LO
documents and other evidence that sufficiently and properly reflect all direct and indirect costs N
of any nature expended in the performance of this Contract, in accordance with generally
accepted accounting principles.
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B. State Access to Contractor Books,Documents,Papers,and Records.The Contractor shall
allow the Commission,the Chief Financial Officer of the State of Florida,the Auditor General
of the State of Florida, the Florida Office of Program Policy Analysis and Government E
Accountability or authorized representatives of the state or federal government to have access
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to any of Contractor's books, documents, papers, and records, including electronic storage
media, as they may relate to this Contract, for the purposes of conducting audits or 0)
examinations or making excerpts or transcriptions.
C. Contractor Records Retention. Unless otherwise specified in the Scope of Work, these
records shall be maintained for five (5)fiscal years following the close of this Contract,or the W
period required for this particular type of project by the General Records Schedules
maintained by the Florida Department of State (available at:http://dos.myflorida.com/library- 0
archives/records-management/general-records-schedules/), whichever is longer. Contractor U)
shall cooperate with the Commission to facilitate the duplication and transfer of such records M
upon the Commission's request.
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D. Contractor Responsibility to Include Records Requirements — Subcontractors. In the C 0L
event any work is subcontracted under this Contract, The Contractor shall include the 0
aforementioned audit and record keeping requirements in all subcontract agreements.
E. Compliance with Federal Funding Accountability and Transparency. Any federal funds
awarded under this Contract must comply with the Federal Funding Accountability and
Transparency Act(FFATA)of 2006. The intent of the FFATA is to empower every American
with the ability to hold the government accountable for each spending decision. The result is E
to reduce wasteful spending in the government. The FFATA legislation requires that
information on federal awards (federal financial assistance and expenditures) be made
available to the public via a single, searchable website: www.USASpending.gov. Grant
recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or
after October 1,2010 are subject to the FFATA. Contractor agrees to provide the information
necessary, over the life of this Contract, for the Commission to comply with this requirement c
23. FEDERAL COMPLIANCE.
As applicable, Contractor shall comply with all federal laws, rules, and regulations, including but
not limited to: N
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i. Clean Air Act and Water Pollution Control Act. All applicable standards,orders,
or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the
Water Pollution Control Act(33 U.S.C. 1251-1387, as amended).
i
ii. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife,fish and plants
that have been illegally taken,possessed, transported or sold. F
iii. Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
1801-1884. This Act governs marine fisheries in Federal waters.
IV. Migratory Bird Treaty Act, 16 U.S.C.703-712. The Act prohibits anyone,unless 'a
permitted,to pursue,hunt,take,capture,kill,attempt to take,capture or kill,possess, W
offer for sale, sell, offer to purchase,deliver for shipment, ship, cause to be shipped, >i
deliver for transportation, transport, cause to be transported, carry or cause to be LO
carried by any means whatsoever, receive for shipment, transport of carriage, or N
export, at any time,or in any manner, any migratory bird,or any part,nest,or egg of
such bird. U_
V. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for
the conservation of threatened and endangered plants and animals and the habitat in
which they are found. The Act also prohibits any action that cause a"taking"of any
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listed species of endangered fish or wildlife. Also, generally prohibited are the
import, export,interstate, and foreign commerce of listed species.
24. FEDERAL FUNDS.This Contract relies on federal funds,therefore„the followina terms and
conditions aaa IV:
A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is
understood and agreed that the Contractor is not authorized to expend any federal funds under c
this Contract to a federal agency or employee without the prior written approval of the
awarding federal agency. E
B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled 0
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"Equal Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60).
Applicable, except as otherwise provide under 41 CFR Part 60, to any grant, contract, loan,
insurance, or guarantee involving Federal assisted construction. U_
C. Davis-Bacon Act. The Davis-Bacon Act, 40 U.S.C. 3141-3148, as supplemented by
Department of Labor regulations at 29 CFR Part 5. Applicable to contractors and
subcontractors performing on federally funded or assisted contracts in excess of$2,000.00 for E
the construction, alteration, or repair (including painting and decorating) of public buildings '
or public works. Under this Act, contractors and subcontractors must pay their laborers and
mechanics employed under the contract no less than the locally prevailing wages and fringe
benefits for corresponding work on similar projects in the area.
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D. Copeland "Anti-Kickback Act. The Copeland"Anti-Kickback"Act, 40 U.S.C. 3141-3148, -
and 3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5).
Applicable to contracts awarded by a non-Federal entity in excess of$100,000.00 that involve
employment of mechanics or labors. Under this Act, contractors and subrecipients are W
prohibited from inducing,by any mean,any person employed in the construction,completion, C,
or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. N
E. Contract Work Hours and Safety Standards Act Sections 103 and 107 of the Agreement
Work Hours and Safety Standards Act(40 U.S.C. 327-330) as supplemented by Department 2
of Labor regulations (29 CFR part 5). Applicable to construction contracts awarded by
Contractors and subcontractors in excess of$2,000.00, and in excess of$2,500.00 for other
contracts which involve the employment of mechanics or laborers.Under this Act,contractors
and subcontractors must compute wages of mechanics and laborers (workers) on the basis of "
a standard forty (40)hour work week;provide workers no less than time and a half for hours a
worked in excess of the forty (40) hour work week; and not require workers to work in W
surroundings or work conditions that are unsanitary,hazardous, or dangerous. >i
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F. Rights to Inventions Made Under a Contract or Agreement. 37 CFR 401. If the Federal ci
award meets the definition of"funding agreement"under 37 CFR 401.2(a) and the recipient
or Subrecipient wishes to enter into a contract with a small business firm or nonprofit U_
organization regarding the substitution of parties,assignment or performance of experimental,
developmental,or research work under the "funding agreement,"the recipient or subrecipient
must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by
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Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,"and any implementing regulations issued by the awarding agency. W
G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act(Pub.L. 94-163, 89 Stat. 871).
H. Debarment and Suspension Contractor Federal Certification. In accordance with Federal 0
Executive Order 12549 and 2 CFR Part 1400 regarding Debarment and Suspension, the U)
Contractor certifies that neither it, nor its principals, is presently debarred, suspended, M
proposed for debarment,declared ineligible,or voluntarily excluded from participation in this
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transaction by any federal department or agency; and,that the Contractor shall not knowingly
enter into any lower tier contract,or other covered transaction,with a person who is similarly a.
debarred or suspended from participating in this covered transaction. 0
I. Prohibition against Lobbying.
i. Contractor Certification—Payments to Influence. The Contractor certifies that no
Federal appropriated funds have been paid or will be paid, on or after December 22
1989,by or on behalf of the Contractor,to any person for influencing or attempting to E
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress, in connection with
the awarding, renewal, amending or modifying of any Federal contract, grant, or
cooperative agreement. The Contractor also certifies that they have not engaged any
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts
on behalf of the Contractor with respect to this Contract and its related federal contract, -
grant, loan, or cooperative agreement; or, if the Contractor has engaged any
registrant with respect to this Contract and its related Federal contract, grant, loan, or
cooperative agreement, the Contractor shall, prior to or upon execution of this t
Contract, provide the Commission Contract Manager a signed declaration listing the
name of any said registrant. During the 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 declaration, the Contractor shall file an updated declaration with the
Commission's Contract Manager. If any non-federal funds are used for lobbying
activities as described above in connection with this Contract, the Contractor shall i
submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file
quarterly updates of any material changes. The Contractor shall require the language
of this certification to be included in all subcontracts, and all subcontractors shall c
certify and disclose accordingly.
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ii. Contractor—Refrain from Subcontracting with Certain Organizations. Pursuant
to the Lobbying Disclosure Act of 1995,the Contractor agrees to refrain from entering
into any subcontracts under this Contract with any organization described in Section CD
501(c)(4)of the Internal Revenue Code of 1986,unless such organization warrants that N
it does not,and will not,engage in lobbying activities prohibited by the Act as a special
condition of the subcontract. U_
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J. Compliance with Office of Management and Budget Circulars. As applicable,Contractor
shall comply with the following Office of Management and Budget(OMB)Uniform Guidance
(2 CFR 200).
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K. Drug Free Workplace. Pursuant to the Drug-Free Workplace Act of 1988, the Contractor
attests and certifies that the contractor will provide a drug-free workplace compliant with 41
U.S.C. 81. E
25. CONTRACT-RELATED PROCUREMENT.
A. PRIDE. In accordance with Section 946.515(6), F.S.,if a product or service required for the c
performance of this Contract is certified by or is available from Prison Rehabilitative v)
Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance E
with Subsection 946.515(2), F.S., the following statement applies:
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It is expressly understood and agreed that any articles which are
the subject of, or required to carry out, this contract shall be
purchased from [PRIDE] in the same manner and under the same
procedures set forth in Subsections 946.515(2) and (4), F.S.; and U_
for purposes of this contract the person, firm or other business
entity carrying out the provisions of this contract shall be deemed
to be substituted for this agency insofar as dealings with such
corporation are concerned. E
The above clause is not applicable to subcontractors unless otherwise required by law.
Additional information about PRIDE and the products it offers is available at
htlp://www.]2ride-entep2nses.org.
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B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service ru
required for the performance of this Contract is on the procurement list established pursuant
to Subsection 413.035(2), F.S., the following statement applies:
It is expressly understood and agreed that any articles that are the
subject of,or required to carry out,this contract shall be purchased
from a nonprofit agency for the blind or for the severely N
handicapped that is qualified pursuant to Chapter 413,F.S.,in the
same manner and under the same procedures set forth in
Subsections 413.036(1) and (2), F.S.; and for purposes of this
contract,the person, firm or other business entity carrying out the
provisions of this contract shall be deemed to be substituted for
the state agency insofar as dealings with such qualified nonprofit c
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agency are concerned.
Additional information about the designated nonprofit agency and the products it offers is available
at htlp://www.respectofflorida.org.
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C. Procurement of Recycled Products or Materials. The Contractor agrees to procure any N
recycled products or materials which are the subject of or are required to carry out this
Contract in accordance with Section 403.7065, F.S. Ui
26. INDEMNIFICATION.
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If Contractor is a state agency or subdivision, as defined in Subsection 768.28(2),F.S.,pursuant to
Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other W
Parry's negligence. If Contractor is not a state agency or subdivision as defined above, the
Contractor shall be fully liable for the actions of its agents, employees,partners, or subcontractors
and shall fully indemnify, defend, and hold harmless the State and the Commission, and their
officers, agents, and employees, from suits, actions, damages, and costs of every name and W
description,including attorneys' fees,arising from or relating to personal injury and damage to real
or personal tangible property alleged to be caused in whole or in part by the Contractor,its agents, 0
employees,partners,or subcontractors,provided,however,that the Contractor shall not indemnify U)
for that portion of any loss or damages proximately caused by the negligent act or omission of the
State or the Commission. However, nothing contained herein shall constitute a waiver by the
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Commission of its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
a.
27. NON-DISCRIMINATION.
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No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in,be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Contract.
28. SEVERABILITY, CHOICE OF LAW,AND CHOICE OF VENUE. m
This Contract has been delivered in the State of Florida and shall be construed in accordance with
the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such
manner as to be effective and valid under applicable law,but if any provision of this Contract shall
be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of
such prohibition or invalidity, without invalidating the remainder of such provision or the c
remaining provisions of this Contract. Any action in connection herewith, in law or equity, shall >
be brought in Leon County, Florida,to the exclusion of all other lawful venues.
29. NO THIRD-PARTY RIGHTS.
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The Parties hereto do not intend,nor shall this Contract be construed to grant any rights,privileges C14
or interest to any person not a party to this Contract.
30. JURY TRIAL WAIVER. 2
i
As part of the consideration for this Contract, the Parties hereby waive trial by jury in any action
or proceeding brought by any party against any other party pertaining to any matter whatsoever
arising out of or in any way connected with this Contract,or with the products or services provided
under this Contract, including but not limited to any claim by the Contractor of quantum meruit. 0
31. PROHIBITION OF UNAUTHORIZED ALIENS. >i
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In accordance with Federal Executive Order 96-236, the Commission shall consider the CD
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employment by the Contractor of unauthorized aliens a violation of Section 274A(e) of the
Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of
this Contract if the Contractor knowingly employs unauthorized aliens. =i
32. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY).
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FWC Contract No. 20059Click here to enter Contract Number
A. Requirement to Use E-Verify. Executive Order 11-116, signed May 27, 2011, by the
Governor of Florida, requires Commission contracts in excess of nominal value to expressly W
require the Contractor to: 1.) utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by Contractor during
the Contract term; and,2.)include in all subcontracts under this Contract,the requirement that
subcontractors performing work or providing services pursuant to this Contract utilize the E- W
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the term of the subcontract.
B. E-Verify Online. E-Verify is an Internet-based system that allows an employer, using cu
information reported on an employee's Form I-9, Employment Eligibility Verification, to
determine the eligibility of all new employees hired to work in the United States after the
effective date of the required Memorandum of Understanding(MOU);the responsibilities and CL
elections of federal contractors,however,may vary, as stated in Article II.D.I.e.of the MOU. 0
There is no charge to employers to use E-Verify. The Department of Homeland Security's E-
Verify system can be found online at
htip://www.dhs.gov/files/pro rg ams/gc_1185221678150.shtm
C. Enrollment in E-Verify. If the Contractor does not have an E-Verify MOU in effect, the
Contractor must enroll in the E-Verify system prior to hiring any new employee after the
effective date of this Contract.
D. E-Verify Recordkeeping. The Contractor further agrees to maintain records of its
participation and compliance with the provisions of the E-Verify program, including
participation by its subcontractors as provided above, and to make such records available to
the Commission or other authorized state entity consistent with the terms of the Contractor's c
enrollment in the program. This includes maintaining a copy of proof of the Contractor's and >
subcontractors' enrollment in the E-Verify Program (which can be accessed from the "Edit
0.
Company Profile"link on the left navigation menu of the E-Verify employer's homepage).
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E. Employment Eligibility Verification. Compliance with the terms of the Employment N
Eligibility Verification provision is made an express condition of this Contract and the N
Commission may treat a failure to comply as a material breach of the Contract.
33. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE.
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Neither Party shall be liable to the other for any delay or failure to perform under this Contract if
such delay or failure is neither the fault nor the negligence of the Party or its employees or agents
and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or
other similar cause wholly beyond the Party's control, or for any of the foregoing that affects 0
subcontractors or suppliers if no alternate source of supply is available. However, in the event of
delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and >i
all resulting delay or disruption in the Party's performance obligation under this Contract. If the LO
delay is excusable under this paragraph, the delay will not result in any additional charge or cost N
under the Contract to either Party. In the case of any delay the Contractor believes is excusable
under this paragraph, Contractor shall notify the Commission's Contract Manager in writing of the
delay or potential delay and describe the cause of the delay either: (1)within ten(10)calendar days si
after the cause that creates or will create the delay first arose,if Contractor could reasonably foresee
that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor
first had reason to believe that a delay could result,if the delay is not reasonably foreseeable. THE E
FOREGOING SHALL CONSTITUTE CONTRACTOR'S SOLE REMEDY OR EXCUSE
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FWC Contract No. 2009CIick here to enter Contract Number
WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a
condition precedent to such remedy. The Commission,in its sole discretion, will determine if the w
delay is excusable under this paragraph and will notify the Contractor of its decision in writing. No a)
claim for damages, other than for an extension of time, shall be asserted against the S
Commission. The Contractor shall not be entitled to an increase in the Contract price or payment
of any kind from the Commission for direct, indirect, consequential, impact, or other costs, W
expenses or damages, including but not limited to costs of acceleration or inefficiency arising S
because of delay,disruption,interference,or hindrance from any cause whatsoever. If performance 0
is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, U)
after the causes have ceased to exist, the Contractor shall perform at no increased cost, unless the
Commission determines, in its sole discretion, that the delay will significantly impair the value of
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the Contract to the Commission or the State,in which case,the Commission terminate the Contract
in whole or in part. a.
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34. ENTIRE CONTRACT. U
This Contract with all incorporated attachments and exhibits represents the entire Contract of the
Parties. Any alterations, variations, changes, modifications or waivers of provisions of this
Contract shall only be valid when they have been reduced to writing, and duly signed by each of
the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order E
of precedence shall prevail; this contract and its attachments, the terms of the solicitation and the
contractor's response to the solicitation.
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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 20 of 21
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FWC Contract No. 2009Click here to enter Contract Number
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed through
their duly authorized signatories on the day and year last written below. S
CW"—T041-X Pl ,47TORMONROE FLORIDA FISH AND WILDLIFE --�
COUNTY BOARD OF COUNTY CONSERVATION COMMISSION
COMMISSIONERS
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Signature Executive Director(or designee) C 0L
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Name: Name:
Title: Title:
Date: Date:
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Approved as to form and legality by: >
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Commission Attorney C14
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Attachments in this Agreement include the following:
Attachment A Scope of Work >i
Attachment B Cost Reimbursement Contract➢'aNT ent Re LO
Attacliefrient C Audit Rca ut'ref'rie its
Attacliment D Cc rtiCica ion oFCof-ri Cc�n ca
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Attachment A—SCOPE OF WORK
Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059
Nearshore Marine Debris Removal in the
Florida Keys
1. DESCRIPTION OF GOODS/ SERVICES PROCURED, OR PROJECT WORKPLAN
A. DESCRIPTION OF GOOD/SERVICES
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The primary objective of this project is the removal of the remaining shoreline and
nearshore marine debris associated with Hurricane Irma within the Florida Keys. The E
goal is to provide for the cleanup of 100% of identified debris. The primary focus will be
on the retrieval of commercial trap gear,particularly entangled trap rope which is c
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anticipated to be the dominant remaining debris from Hurricane Irma. The secondary 0
focus will be the removal of all other man-made debris identified by the project. The
project will target mangrove shorelines (up to the mean high water line) and associated U_
nearshore waters up to 1-2 feet in water depth adjacent to publicly owned shorelines.
B. BACKGROUND
The Florida Keys were hit by Category 4 Hurricane Irma on September 10, 2017 with the 2
center of the hurricane passing over the Lower Keys. High winds, wave action and storm
surge caused significant impacts to the marine environment including the deposition of a 2
variety of marine debris throughout the Florida Keys. In the months and years following
the storm, local, state and federal agencies have focused marine cleanup and recovery
efforts specifically on canal debris, sunken and derelict vessels and scattered 2
destroyed/entangled lobster traps.
Monroe County (or"Contractor"), through a grant from the United States Department of
N
Agriculture Natural Resources Conservation Service, removed significant volumes of '
debris from numerous canal systems. The Florida Fish& Wildlife Conservation
Commission (FWC), in coordination with U.S. Coast Guard and the Environmental 2
Protection Agency, were responsible for the removal of approximately 800 sunken and
derelict vessels. Coordinated efforts between the FWC and the Florida Keys Commercial U)
Fishermen's Association provided for the removal of lobster traps entangled in approach
channels and traps/trap debris along various shoreline areas. An estimated 56,000 traps
were recovered. Additionally, there have been several grassroot efforts (e.g. Conch
Republic Marine Army)who used volunteers, donations and public assistance to remove
over 90 tons of marine debris along shorelines of the Florida Keys.
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While these efforts were successful in the removal of debris in the highest impact areas,
scattered debris remains along various shorelines and in nearshore waters which were not
the primary focus of these projects. This scattered debris generally includes remaining ®�
trap parts/lines (an estimated 94,000 traps remain from those initially lost) and mostly
small to medium sized, miscellaneous land-based debris.
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Attachment A—SCOPE OF WORK
Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059
Nearshore Marine Debris Removal in the
Florida Keys
State and Federal agencies have committed to addressing remaining debris impacts along
mangrove shorelines and in associated nearshore waters. Funding support for this project '
0
in the amount of$1.3 million is part of a$44 million allocation granted to FWC by
NOAA Fisheries following Hurricane Irma for fisheries restoration and recovery. FWC E
selected Monroe County as a sub-recipient to perform the project which will be
subcontracted to a vendor("Sub-contractor") selected through a competitive solicitation c
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process in conformance with all State and Federal guidelines. 0
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This project will require that the Sub-contractor utilize local commercial fishermen to
perform the work. Monroe County supports commercial fishermen in the Florida Keys,
and recognizes that commercial fishermen have extensive knowledge of Keys' waters,
shorelines and habitats, and are generally equipped with suitable vessels and gear to E
navigate and perform work in shallow water areas and along mangrove shorelines. '
C. PROJECT DESCRIPTION
The project will commence with the Sub-contractor conducting preliminary assessments
of existing debris within the focus area of the project to determine priority locations for
targeted removal activities. The Sub-contractor will then provide and oversee several c
crews' of local commercial fishermen to perform the retrieval, collection and
transportation of marine debris from authorized debris sites to Temporary Disposal Sites.
No diving is anticipated to be necessary. Crew activities will be reported through utilization
N
of Daily Work Certification Forms which will provide the central record keeping for '
cleanup activities. The Sub-contractor will then provide transportation of the collected
debris from the Temporary Disposal Site(s)to certified disposal facilities for final disposal. 2
0
General methodology for debris retrieval along mangrove shorelines in the Florida Keys
includes the use of small skiffs, kayaks or floating platforms fanning out from the primary
crew vessel and/or individuals walking along/into the mangroves to retrieve debris.
Associated small vessels shall be of a design that provides for access to very shallow water
and further access to/and into mangrove shoreline fringes. Small barges (such as pontoon
A-frame barges) are suggested to be used for debris collection from the skiffs/kayaks;
however, the primary crew vessels themselves (if suitable based on water depth) are also CD
suggested to be used for debris collection/transport. It is suggested that a maximum of four
crews working per day will ensure sufficient effort while still providing an effective means
for FWC to reasonably monitor all crew activities on a given day, as necessary. ®�
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Attachment A—SCOPE OF WORK
Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059
Nearshore Marine Debris Removal in the
Florida Keys
Monroe County anticipates that $164,873 of the $1.3 million in funding available for this 2
project will be necessary to cover the disposal costs associated with the debris collection.
Therefore, the anticipated amount of funding available for the Sub-contractor's activities
is $1,135,127. v
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Geographic Scope
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Hurricane Irma caused the deposition of marine debris throughout most areas of the Florida
Keys. Post-hurricane imagery provided by NOAA indicated that debris was distributed in 0
open water and canal areas,but did not provide sufficient data regarding debris in nearshore
areas in less than 2 feet of water. Trap debris over-flight observations and mapping were U_
also conducted by Florida Sea Grant. Subsequently, trap removal efforts were conducted
and mapped by FWC. The map below provides an overview of the higher density areas
where traps were observed and trap removals were performed. In conjunction with smaller-
scale grassroots projects performed, it appears that much of the nearshore water areas and CD
mangrove shorelines of the Florida Keys still contain large volumes of widely-scattered
trap and other man-made debris. This information has been utilized in determining the t2
focus areas for this project and where targeted efforts should be placed. 0
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Trap RemavalLocati)ns CD
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Attachment A—SCOPE OF WORK
Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059
Nearshore Marine Debris Removal in the
Florida Keys
Focus Area
After consideration by Monroe County, FWC and NOAA, it has been determined that the
primary focus area for this project will be from the island of Marathon Key in the Middle 0
Keys to Sugarloaf Key in the Lower Keys (see Focus Area Map below). This area is
anticipated to have the highest density of debris based on the mapping data above and E
through conversations with various stakeholders. Focus on the higher density debris areas
will maximize efficiency and ensure effective use of the limited available funding.
0
The Focus Area has been broken down by numbered grid cells in association with the
performance of the tasks and deliverables outlined below. The project will target mangrove
shorelines (up to the mean high-water line) and associated nearshore waters up to 1-2 feet
in water depth adjacent to publicly-owned shorelines. No debris removal will occur along
privately-owned shorelines or bay bottom. Additionally, no debris removal will occur in
any canals. Monroe County will assist the Sub-contractor in determining ownership of CD
shoreline properties based on debris sites/areas located.
Focus Area Map
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Attachment A—SCOPE OF WORK
Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059
Nearshore Marine Debris Removal in the
Florida Keys
Temporary Disposal Sites (TDS)
Monroe County will assist the Sub-contractor with establishing a number of Temporary
Disposal Sites (TDS)throughout the focus area where the marine debris will be offloaded 0
from crew vessels or collection barges, into roll-offs, and from there trucks will take the
debris for final disposal. The Sub-contractor, in coordination with Monroe County will E
establish several TDS sites throughout the focus area. By this method, the Sub-contractor (n
may have multiple crews working throughout the focus area throughout the duration of the �
project. The Sub-contractor shall be responsible for providing roll-offs or other suitable
refuse containers at the TDS sites. The TDS sites may also serve as extraction locations to
provide waterfront landing locations to offload debris from crew vessel to a shoreside
location such as boat ramps. At a minimum, TDS sites will be in the vicinity of extraction
locations to maximize efficiency in the performance of the work.
E
Hazmat Handling
The Sub-contractor may be retrieving and transporting hazardous materials in the
performance of the described duties. The Sub-contractor should have a sufficient level of 0
hazmat training in order to safely handle hazmat(i.e. Hazwopper training, etc.) and ensure c
that all crews are familiar with handling hazardous materials as may be encountered. All
2
hazardous materials collected shall be properly disposed of at a certified hazardous waste
disposal facility.
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Monitoring
The Sub-contractor shall provide all work documentation to Monroe County to verify work
and adherence to regulations pertaining to handling of traps, and monitor debris transferred
to Temporary Disposal Sites. Monroe County will provide all documentation to FWC.
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Re_ug latory Authority
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The Florida Keys National Marine Sanctuary (Sanctuary or FKNMS)has provided federal
approval for this project. A Letter of Authorization from the Sanctuary has been issued to
the County for the Sub-contractor to perform the work described in this Scope of Work.
Due to the geographically narrow marine environment where the debris removal work isCD
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to be performed, no alteration of, or impact to the seafloor or mangrove vegetation is
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anticipated to occur. State and federal regulations prohibit damage to seagrasses or
mangroves. U_
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As applicable, FKNMS staff may provide Best Management Practices (BMP)training for a
the Sub-contractor and their crews to ensure that safety and environmental protective
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Attachment A—SCOPE OF WORK
Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059
Nearshore Marine Debris Removal in the
Florida Keys
measures are followed and exhibited throughout the course of the project work. DEP
and/or FKNMS staff may also be onsite for operations when removing debris from
mangroves. Monroe County will coordinate with DEP and FKNMS regarding any need '
0
for state and/or federal oversight of operations.
M
D. SUPPORT OF COMMISSION MISSION/RETURN ON INVESTMENT
Removal of remaining nearshore and shoreline marine debris from Hurricane Irma
will assist in the continued healing of the Florida Keys, an area popular to both local c.
0
resident and tourists. Focusing on removing trap gear will benefit plants and animals
local to the environment.
U_
E. DEFINITIONS
Monroe County (or Contractor) will, through a competitive solicitation, sub-contract
the marine debris removal work to a third party.
2. PRE-ACTIVITY SURVEYS
A. The Contractor shall provide FWC documentation of preliminary surveys of debris
sites. Written documentation of these pre-activity surveys shall be provided to the c
76
FWC Contract Manager prior to any marine debris removal activity.
2
3. DELIVERABLES A. Deliverable—Marine Debris Retrieval, Collection, Transport, and Disposal
Shoreline/nearshore cleanup of marine debris at Authorized Debris Sites including debris
retrieval, collection and transfer from crew vessels to Temporary Disposal Site(s), and
disposal to a final disposal facility. 2
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B. Minimum Level of Performance cc,
All marine debris cleanup activity must be documented and follow pre-planning activity. v)Utz
C. Documentation/ Criteria Used as Evidence of Performance
The Contractor shall provide FWC all documentation and invoices related to cost
reimbursement request. Ci
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D. Timeline for Completion
Documentation will be submitted on a monthly basis, no more than seven (7)business
days after the end of each month. ®i
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Attachment A—SCOPE OF WORK
Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059
Nearshore Marine Debris Removal in the
Florida Keys
4. FINANCIAL CONSEQUENCES
The COMMISSION will temporarily withhold cash payments pending correction of a
deficiency by the Contractor; Disallow all or part of the cost of the activity or action not in
compliance; Request refund of previously disbursed payments related to deficiency; Wholly v
or partly suspend or terminate this agreement; Withhold future task assignments for the project E
or program. Any and all equipment, products or materials necessary to perform this
CONTRACT shall be supplied by the Contractor, unless otherwise specified herein. c
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5. PERFORMANCE
FWC will review all documentation provided by the Contractor regarding debris cleanup
activities within three (3)business days.
6. RENEWALS AND EXTENSION
A. RENEWAL
See Contract for applicable terms and conditions related to renewals.
B. EXTENSION
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This contract may be extended for a period not to exceed six (6) months if approved by
both FWC and the Contractor. See Contract for applicable terms and full conditions 2
related to extensions.
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7. COMPENSATION AND PAYMENT
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A. COST REIMBURSEMENT '
The Contractor shall be compensated on a cost reimbursement basis in accordance with the
Cost Reimbursement Contract Payment Requirements as shown in the Department of 2
Financial Services, "Reference Guide for State Expenditures" publication. The cost
reimbursement requirements section of the Reference Guide is attached hereto and made a U)
part hereof as Attachment B.
B. INVOICE SCHEDULE
The Contractor shall submit a signed invoice, via e-mail, to the Contractor's Contract
Manager on a monthly basis, no more than seven (7)business days after the end of each
month, upon the start of cleanup. The invoice shall include a brief summary of the work LO
performed, the number of days and hours that individual crews worked and the total cost.
The invoice shall also include all documentation required for submission in the contract
between the Contractor and the Sub-contractor. U_
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C. TRAVEL EXPENSES
No travel expenses are authorized.
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Attachment A—SCOPE OF WORK
Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059
Nearshore Marine Debris Removal in the
Florida Keys
D. FORMS AND DOCUMENTATION
This section is not applicable.
8. MONITORING SCHEDULE
The Contractor will provide FWC documentation verifying marine debris cleanup activities.
0
9. INTELLECTUAL PROPERTY RIGHTS
See Contract for applicable terms and conditions related to intellectual property rights.
U_
10. SUBCONTRACTS =
See Contract for applicable terms and conditions related to subcontracts.
a�
I L INSURANCE
See Contract for applicable terms and conditions related to insurance.
12. SECURITY AND CONFIDENTIALITY 2
Information developed by FWC and its Contractor is public record.
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13. RECORD KEEPING REQUIREMENTS
0.
The Contractor must retain records related to performance of the Contract for five years
following the end of the grant award funding this Contract.
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14. NON-EXPENDABLE PROPERTY `V
This section is not applicable and intentionally left blank.
2
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15. PURCHASE OR IMPROVEMENT OF REAL PROPERTY
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See Contract for applicable terms and condition related to the purchase or improvement of )
real property.
16. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS
A. FEDERAL FUNDS
1. This Agreement is funded in whole or in part by a grant from the NOAA Fisheries,
CFDA No. 11.022. Therefore, the Contractor shall be responsible for complying with CD
all federal grant requirements as provided in the grant, a copy of which is attached
hereto and made a part hereof as Attachment C. It is understood and agreed that the
Contractor is not authorized to expend any federal funds under this Agreement to a ®�
federal agency or employee without the prior written approval of NOAA Fisheries.
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Attachment A—SCOPE OF WORK
Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059
Nearshore Marine Debris Removal in the
Florida Keys
2. The Contractor agrees to follow all requirements of CFR 200, Code of Federal
Regulations, for the procurement of commodities or contractual services under this
Agreement. c
B. CERTIFICATE OF CONTRACT COMPLETION
The Grantee will be required to complete a Certificate of Completion form
(Attachment D)when all work has been completed and accepted. This form must be c
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submitted to the COMMISSION'S Contract Manager. 0
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FWC Contract No. 20059
Attachment B
COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS
Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial
Services, invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the
apporoved contract budget. Additionally, the invoice must evidence the completion of all tasks required to be
performed for the deliverable and must show that the provider met the minimum performance standards
established in the contract.
0
FWC is required to maintain the detailed supporting documentation in support of each request for cost cu
reimbursement and to make it available for audit purposes. Documentation for each amount for which
reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in
lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only CL
c
expenditures for the categories in the approved contract budget may be reimbursed. These expenditures must be
allowable (pursuant to law) and directly related to the services being provided. FWC may require more detailed
documentation as deemed appropriate to satisfy that the terms of the contract have been met.
Listed below are types and examples of supporting documentation:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that 0
fringe benefits will be based on a specified percentage rather than the actual cost of fringe 76
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies �--
of checks for fringe benefits. :n
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, E
which includes submission of the claim on the approved State travel voucher. e�
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(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. UI
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates E
must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown. 'n
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For cost reimbursement contracts with another State agency(including State universities):
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In lieu of the detailed documentation described above,alternative documentation may be submitted to substantiate n�
the costs requested to be reimbursed.This alternative documentation may be in the form of FLAIR reports or other
reports containing sufficient detail.
Cost Reimbursement Contract Payment Requirements Page 1 of 1
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FWC Agreement No.20095
Attachment C
AUDIT REQUIREMENTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission
(Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described
in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award, a,
then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both
State and Federal funds,then all provisions apply.
MONITORING
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In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform
Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as CL
revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS" 0
below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such
monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or
contracted consultants,limited scope audits as defined by Section 200.331,OMB Uniform Guidance and/or
other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the E
Florida Department of Financial Services or the Florida Auditor General.
AUDITS
PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following
provisions apply: c
A. This part is applicable if the Grantee is a State or local government or a non-profit organization as 2
defined in Sections 200.90,200.64, or 200.70,respectively, OMB Uniform Guidance.
B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or -
program-specific audit conducted in accordance with the provisions of the Federal Single Audit Act of N
1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT I to this Attachment
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indicates Federal resources awarded through the Commission by this Agreement. In determining the
Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards, '
including Federal resources received from the Commission. The determination of amounts of Federal Cr
awards expended should be in accordance with the guidelines established by Sections 200.500-200.521,
OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB U�
Uniform Guidance,will meet the requirements of this part.
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C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall U
fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB
Uniform Guidance. This includes,but is not limited to,preparation of financial statements, a schedule �i
of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action LO
plan. N
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D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that
the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in
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FWC Agreement No.20095
Attachment C
accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance,the cost of the
audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from Grantee
resources obtained from other than Federal entities).
E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance a,
findings related to contracts with the Commission shall be based on the contract requirements,including 9
any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose 2
whether or not the matching requirement was met for each applicable contract. All questioned costs U)
and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the cu
Commission contract involved. Additionally, the results from the Commission's annual financial
monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB n
Uniform Guidance audit reports. C 0L
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F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of
expenditures of Federal awards shall identify expenditures by contract number for each contract with
the Commission in effect during the audit period.
G. If the Grantee expends less than$500,000.00 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of Sections 200.500-200.521,OMB Uniform Guidance,is not required. E
In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521,OMB
Uniform Guidance,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such
an audit must be paid from the Grantee's resources obtained from other-than Federal entities).
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H. A web site that provides links to several Federal Single Audit Act resources can be found at:
http://harvester.census.gov/sac/sainfo.html >
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PART II: STATE FUNDED. If this Agreement includes State funding, then the following provisions
apply
This part is applicable if the Grantee is a non-state entity as defined by Section 215.97, F.S., (the Florida „-
Single Audit Act). c
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A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess E
of$500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project- '
specific audit for such fiscal year in accordance with Section 215.97 F.S.; applicable rules of the Cr
Executive Office of the Governor and the Department of Financial Services;and Chapters 10.550(local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. U
EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by
this Contract. In determining the state financial assistance expended in its fiscal year,the Grantee shall E
consider all sources of state financial assistance, including state financial assistance received from the
Commission, other state agencies, and other non-state entities. State financial assistance does not
include Federal direct or pass-through awards and resources received by a non-state entity for Federal eti
program matching requirements. LO
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B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall U
ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes
submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. m
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FWC Agreement No.20095
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C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that
the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year and elects to
have an audit conducted in accordance with the provisions of section 215.97, F.S.,the cost of the audit
must be paid from the non-state entity's resources (i.e.,the cost of such an audit must be paid from the a,
Grantee's resources obtained from other-than State entities).
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D. Additional information regarding the Florida Single Audit Act can be found at:
hItps://apps.fldfs.com/fsaa/. cu
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E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the
following address: e-
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Chief Financial Officer c,
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S.Meridian St.
Tallahassee,FL 32399-1600
PART III: REPORT SUBMISSION
A. Copies of reporting packages, to include any management letter issued by the auditor, for audits
conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by
Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the
following at the address indicated: 0
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1. The Commission at the following address: a
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S.Meridian St.
Tallahassee,FL 32399-1600
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2. The Federal Audit Clearinghouse designated in Section 200.512,OMB Uniform Guidance (the :5
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reporting package required by Section 200.512, OMB Uniform Guidance,should be submitted
to the Federal Audit Clearinghouse): U�
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101h Street
Jeffersonville,IN 47132
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3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB CD
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Uniform Guidance. N
B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB i
Uniform Guidance, and required by Part I of this Attachment(in correspondence accompanying the
audit report, indicate the date that the Grantee received the audit report); copies of the reporting
package described in Section 200.512, OMB Uniform Guidance, and any management letters issued E
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FWC Agreement No.20095
Attachment C
by the auditor; copies of reports required by Part II of this Attachment must be sent to the
Commission at the addresses listed in paragraph C.below.
C. Copies of financial reporting packages required by Part II of this Attachment,including any
management letters issued by the auditor, shall be submitted by or on behalf of the Grantee a,
directly to each of the following:
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1. The Commission at the following address:
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Chief Financial Officer E
Florida Fish and Wildlife Conservation Commission v,
Bryant Building C 0L
620 S.Meridian St.
Tallahassee,FL 32399-1600 c,
2) The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building m
111 West Madison Street
Tallahassee,FL 32399-1450
D. Any reports, management letter, or other information required to be submitted to the Commission
pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521,
OMB Uniform Guidance,Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650 c
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
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Grantees and sub-Grantees,when submitting financial reporting packages to the Commission for audits
done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550
(local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor W
General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee -
in correspondence accompanying the reporting package. N
-End of Attachment C—
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FWC Agreement No.20095
Attachment C
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Exhibit 1
FEDERAL AND STATE FUNDING DETAIL
FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING: a,
t rs `,;,4 ,7 r 4 1 rl')11111111111111111rJ r,fs s,is4ls, i««««rrr«r«« J t}r
CFDA# CFDA Title Amount
11.022 Bipartisan Bud et Act of 2018 $1,300,00.00
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Total Federal Awards $1,300,000.00
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COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
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CFDA# Compliance Requirements E
11.022 1. Only the goods and/or services described within the attached Attachment 2
A Scope of Work are eligible expenditures for the funds awarded.
2. The Grantee agrees to follow all requirements of CFR 200, Code of 2
Federal Regulations, for the procurement of commodities or contractual -
services under this Agreement. 76
3. The Grantee must comply with the requirements of all applicable laws,
rules or regulations relating to this marine debris cleanup project.
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STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING: m
2
MATCHING RESOURCES FOR FEDERAL PROGRAMS: Cr
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Matching Funds Provided
b CFDA
CFDA# CFDA Title Amount of
Matchin" Funds
n/a none n/a
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Total Matching Funds Associated with Federal none
Programs
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SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
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FWC Agreement No.20095
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State Project(s)
CSFA# CSFA Title Amount a,
n/a None n/a
Total State Awards none
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COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED E
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
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State Project s Compliance Requirements
CSFA# Compliance Requirements
n/a None
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NOTE: Section 200.513, OMB Uniform Guidance(2 CFR 200), as revised, and Section 215.97(5),
Florida Statutes, require that the information about Federal Programs and State Projects included w
in Exhibit 1 be provided to the Grantee. 2
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-End of EXMIBIT 1 -
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Attachment D
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fGr 5t.` FL FISH AND WILDLIFE CONSERVATION COMMISSION
DIVISION OF MARINE FISHERIES MANAGEMENT
CERTIFICATION OF COMPLETION
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(Printed Name and Title)
representing
(Name of Grantee)
do hereby certify that the project funded by Grant Number FWC — 20059 has
been completed in compliance with all terms and conditions of said Grant Contract.
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(Signature) (Date)
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Rev. 12/2013
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