11/17/2020 Agreement FWC Agreement No. 20181
STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
AGREEMENT No.20181
CFDA Title(s): N/A CFDA No(s).: N/A
Name of Federal Agency(s): N/A
Federal Award No(s): N/A Federal Award Year(s): N/A
Federal Award Name(s): N/A
CSFA Title(s).: Derelict Vessel Removal Grant CSFA No(s).: 77005
State Award No(s).: 20181 State Award Year(s): 2019-2020
State Award Name(s): Monroe County Derelict Vessel Removal Project
This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission,
whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and
Monroe County BOCC, FEID 4 59-6000749, whose address is 2798 Overseas Highway, Suite 420, Marathon,
Florida 33050,hereinafter"Grantee."
WHEREAS,the Commission and Grantee have partnered together to remove derelict vessels from the waters
of the state; and,
WHEREAS, Grantee has been awarded Bulk Derelict Vessel Removal Grant 20181; and,
WHEREAS,such benefits are for the ultimate good of the State of Florida,its resources,wildlife, and public
welfare.
NOW THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as
follows:
1. PROJECT DESCRIPTION.
The Grantee shall provide the services and perform the specific responsibilities and obligations,as set forth
in the Scope of Work, attached hereto as Attachment A and made a part hereof(hereafter, Scope of Work).
The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables
must be submitted and approved by the Commission prior to any payment. The Commission will not accept
any deliverable that does not comply with the specified required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result
of Grantee responses to the Commission's request for competitive or other grant proposals,the Grantee's
response is hereby incorporated by reference.
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2. PERFORMANCE.
The Grantee shall perform the activities described in the Scope of Work in a proper and satisfactory manner.
Unless otherwise provided for in the Scope of Work,any and all equipment,products or materials necessary
or appropriate to perform under this Agreement shall be supplied by the Grantee. Grantee shall obtain all
necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall
be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation;
the Grantee shall provide evidence of such compliance to the Commission upon request. The Grantee shall
procure all supplies and pay all charges,fees,taxes and incidentals that may be required for the completion
of this Agreement. By acceptance of this Agreement, the Grantee warrants that it has the capability in all
respects to fully perform the requirements and the integrity and reliability that will assure good-faith
performance as a responsible Grantee. Grantee shall immediately notify the Commission's Grant Manager
in writing if its ability to perform under the Agreement is compromised in any manner during the term of
the Agreement. The Commission shall take appropriate action, including potential termination of this
Agreement pursuant to Paragraph nine (9) below, in the event the Grantee's ability to perform under this
Agreement becomes compromised.
3. AGREEMENT PERIOD.
A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is made
pursuant to a grant award and shall be effective upon execution by the last Parry to sign, and shall
remain in effect through 02/12/2021. However,as authorized by Rule 68-1.003,F.A.C.,referenced
grant programs may execute Agreements with a retroactive start date of no more than sixty (60)
days,provided that approval is granted from the Executive Director or his/her designee and that it
is in the best interest of the Commission and State to do so. For this agreement,the retroactive start
date was not approved. The Commission's Grant Manager shall confirm the specific start date of
the Agreement by written notice to the Grantee. The Grantee shall not be eligible for
reimbursement or compensation for grant activities performed prior to the start date of this
Agreement nor after the end date of the Agreement. For this agreement, preaward costs are not
eligible for reimbursement. If necessary,by mutual agreement as evidenced in writing and lawfully
executed by the Parties, an Amendment to this Agreement may be executed to lengthen the
Agreement period.
4. COMPENSATION AND PAYMENTS.
A. Compensation. As consideration for the services rendered by the Grantee under the terms of this
Agreement,the Commission shall pay the Grantee on a cost reimbursement basis in an amount not
to exceed$9,650.00.
B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks
identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon
submission of invoices, accompanied by supporting documentation sufficient to justify invoiced
expenses or fees, and after acceptance of services and deliverables in writing by the Commission's
Grant Manager identified in Paragraph ten(10),below. Unless otherwise specified in the Scope of
Work,invoices shall be due monthly, commencing from the start date of this Agreement. Invoices
must be legible and must clearly reflect the Deliverables that were provided in accordance with the
terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of Work,
a final invoice shall be submitted to the Commission no later than forty-five (45) days following
the expiration date of this Agreement to assure the availability of funds for payment. Further,
pursuant to Section 215.971(l)(d), F.S., the Commission may only reimburse the Grantee for
allowable costs resulting from obligations incurred during the agreement period specified in
Paragraph three (3).
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C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's
Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may
be submitted electronically to the attention of the Commission's Grant Manager identified in
Paragraph ten(10),below. If submitting hard copies, an original and two(2)copies of the invoice,
plus all supporting documentation, shall be submitted. All bills for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof.
Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking
documentation necessary to justify invoiced expenses.
D. Match. Pursuant to grant program guidelines,the Grantee is not required to contribute non-federal
match towards this Agreement. If applicable, details regarding specific match requirements are
included in Attachment A, Scope of Work.
E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be
reimbursed in accordance with Section 112.061, F.S.
F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation and authorization to spend by the
Legislature. The Parties hereto understand that this Agreement is not a commitment to future
appropriations, but is subject to appropriation and authority to spend provided by the Legislature.
The Commission shall be the final authority as to the availability of funds for this Agreement, and
as to what constitutes an"annual appropriation"of funds to complete this Agreement. If such funds
are not appropriated or available for the Agreement purpose,such event will not constitute a default
on behalf of the Commission or the State. The Commission's Grant Manager shall notify the
Grantee in writing at the earliest possible time if funds are not appropriated or available.
G. Non-Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that
under non-competitive procurements, a Grantee may not receive a rate of payment in excess of the
competitive prevailing rate for those services unless expressly authorized in the General
Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the
amount of non-competitive compensation provided in this Agreement is in compliance with Section
216.3475, F.S.
H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections
215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422,
F.S.provides that agencies have five (5)working days to inspect and approve Deliverables,unless
the Scope of Work specifies otherwise. If payment is not available within forty(40)days,measured
from the latter of the date the invoice is received or the Deliverables are received, inspected and
approved, a separate interest penalty set by the Department of Financial Services pursuant to
Section 55.03(l),F.S.,will be due and payable in addition to the invoice amount. Invoices returned
to a Grantee due to preparation errors will result in a payment delay. Invoice payment requirements
do not start until a properly completed invoice is provided to the agency.
I. Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer(EFT),offered
by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed
this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be
found on the vendor instruction page at:
htip://www.fldfs.com/aadir/direct_deposit_web/Vendors.htm
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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.
J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for
vendors who may be experiencing problems in obtaining timely payment(s) from a State agency,
may be contacted at(850)413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-
2762.
5. RETURN OR RECOUPMENT OF FUNDS.
A. Overpayment to Grantee. Pursuant to Section 215.971(l)(e)&(f), F.S., the Grantee shall return
to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the
terms of this Agreement that were disbursed to Grantee by the Commission. In the event the
Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall
repay said overpayment within forty (40) calendar days without prior notification from the
Commission. In the event the Commission first discovers an overpayment has been made, the
Commission will notify the Grantee in writing. Should repayment not be made in a timely manner,
the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant
to Section 55.03(l), F.S., on the outstanding balance beginning forty (40) calendar days after the
date of notification or discovery. Refunds should be sent to the Commission's Grant Manager,and
made payable to the "The Florida Fish and Wildlife Conservation Commission."
B. Additional Costs or Monetary Loss Resulting from Grantee Non-Compliance. If the Grantee's
non-compliance with any provision of the Agreement results in additional cost or monetary loss to
the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can
recoup that cost or loss from monies owed to the Grantee under this Agreement or any other
agreement between Grantee and the Commission. In the event the discovery of this cost or loss
arises when no monies are available under this Agreement or any other agreement between the
Grantee and the Commission, the Grantee will repay such cost or loss in full to the Commission
within thirty(30) days of the date of notice of the amount owed,unless the Commission agrees,in
writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the
Commission, the Commission shall notify the State of Florida, Department of Financial Services,
for resolution pursuant to Section 17.0415, F.S.
6. COMMISSION EXEMPT FROM TAXES,PROPERTY EXEMPT FROM LIEN.
A. Commission Exempt from Taxes. The Grantee recognizes that the State of Florida, by virtue of
its sovereignty,is not required to pay any taxes on the services or goods purchased under the terms
of this Agreement. Grantee is placed on notice that this exemption generally does not apply to
nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions
regarding this tax exemption should be addressed to the Commission Grant Manager.
B. Property Exempt from Lien. If the Grant involves the improvement of real property titled to the
State of Florida, then the following paragraph applies:
The Grantee acknowledges that Property being improved is titled to the State of Florida,
and is not subject to lien of any kind for any reason. The Grantee shall include notice of
such exemptions in any subcontracts and purchase orders issued hereunder.
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7. MONITORING.
The Commission's Grant Manager shall actively monitor the Grantee's performance and compliance with
the terms of this Agreement. The Commission reserves the right for any Commission staff to make
scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal
monitoring terms and conditions are found in Attachment B,Audit Requirements. Additionally,monitoring
terms, conditions, and schedules may be included in Attachment A, Scope of Work.
8. TERMINATION.
A. Commission Termination. The Commission may unilaterally terminate this Agreement for
convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent
to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits.
The Grantee may request termination of the Agreement for convenience.
B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in
the event of fraud or willful misconduct. In the event of such termination, the Commission shall
provide the Grantee with written notice of termination.
C. Termination—Other. The Commission may terminate this Agreement if the Grantee fails to: 1.)
comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the
time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering
the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing
requirement. Rule 60A-1.006(3),F.A.C.,governs the procedure and consequences for default. The
rights and remedies of the Commission in this clause are in addition to any other rights and remedies
provided by law or under the Agreement. The Grantee shall not be entitled to recover any
cancellation charges or lost profits.
D. Termination - Funds Unavailability. In the event funds to finance this Agreement become
unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or
redirected, the Commission may terminate this Agreement upon no less than twenty-four (24)
hours' notice in writing to the Grantee. Said notice shall be delivered by certified mail, return
receipt requested or in person with proof of delivery. The Commission shall be the final authority
as to the availability of funds and will not reallocate funds appropriated for this Agreement to
another program thus causing"lack of funds." In the event of termination of this Agreement under
this provision,the Grantee will be compensated for any work satisfactorily completed and any non-
cancellable obligations properly incurred prior to notification of termination.
E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of
termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all
activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly
render to the Commission all property belonging to the Commission. For the purposes of this
section,property belonging to the Commission shall include,but shall not be limited to, all books
and records kept on behalf of the Commission.
9. REMEDIES.
A. Financial Consequences. In accordance with Sections 215.971(l)(a)&(b), F.S., Attachment A,
Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be
received and accepted in writing by the agency before payment. Each deliverable specifies the
required minimum level of service to be performed and the criteria for evaluating the successful
completion of each deliverable. If the Grantee fails to produce each deliverable within the time
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frame specified by the Scope of Work, the budget amount allocated for that deliverable will be
deducted from the Grantee's payment. In addition, pursuant to Section 215.971(l)(c), the
Commission shall apply any additional financial consequences,identified in the Scope of Work.
B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in
addition to any other rights and remedies provided by law or under the Agreement.
10. NOTICES AND CORRESPONDENCE.
Any and all notices shall be delivered to the individuals identified below. In the event that either Party
designates a different Grant Manager after the execution of this Agreement, the Party will provide written
notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant
Manager, or an individual authorized to receive notice on behalf of that Parry, to all other Parties as soon
as possible, but not later than five (5) business days after the new Grant Manager has been named. A
designation of a new Grant Manager shall not require a formal amendment to the Agreement.
FOR THE COMMISSION: FOR THE GRANTEE:
Grant Manager Grant Manager
Phil Horning Celia Hitchins
Derelict Vessel Program Administrator Administrator Marine Resources
Fish and Wildlife Conservation Commission Monroe County BOCC
620 S. Meridian Street, Room 235I 2798 Overseas Highway, Suite 420
Tallahassee, Florida 32399 Marathon, Florida 33050
(850) 617-9540 Direct (305)289-2505 Office
(850) 488-9284 Fax (305)289-2536 Fax
Phil.Horning@MyFWC.com Hitchins-Celia@MonroeCounty-fl.gov
11. AMENDMENT.
A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant,
condition, or limitation herein contained shall be valid unless in writing and lawfully executed by
the Parties.
B. Change Orders. The Commission may, at any time, by written order, make a change to this
Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in
writing. Any change which causes an increase or decrease in the Grantee's cost or time shall require
an Amendment. Minor changes, such as those updating a Party's contact information, may be
accomplished by a Modification.
C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this
Agreement if federal and/or state revisions of any applicable laws or regulations make changes in
the Agreement necessary.
12. PROPERTY RIGHTS.
If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, OMB Uniform
Guidance (2 CFR 200), and any language addressing Federal rights, apply.
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A. Intellectual and Other Intangible Property.
I. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically
addressed in the Attachment A, Scope of Work, intellectual and other intangible property
rights to the Grantee's preexisting property will remain with the Grantee.
ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale,
licensing, marketing or other authorization related to any intellectual and other intangible
property right created or otherwise developed by the Grantee under this Agreement for the
Commission shall be handled in the manner specified by the applicable Florida State
Statute and/or Federal program requirements.
iii. Commission Intellectual Property Rights. Where activities supported by this Agreement
produce original writing, sound recordings, pictorial reproductions, drawings or other
graphic representations and works of any similar nature, the Commission and the State of
Florida have the unlimited, royalty-free, nonexclusive, irrevocable right to use, duplicate
and disclose such materials in whole or in part,in any manner,for any purpose whatsoever
and to have others acting on behalf of the Commission to do so. If this Agreement is
supported by federal funds, the federal awarding agency reserves a royalty-free,
nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for
federal purposes, and to authorize others to do so.
B. Purchase or Improvement of Real Property
This agreement is not for the purchase or improvement of real property, therefore, the following
terms and conditions do not apply'.
I. Federal Funds. Any Federal funds provided for the purchase of or improvements to real
property are subject to the Property Standards of Sections 200.310 -200.316,and 200.329,
OMB Uniform Guidance (2 CFR 200), as amended.
ii. Title. If this agreement is supported by state funds,the Grantee shall comply with Section
287.05805,F.S. This section requires the Grantee to grant a security interest in the property
to the State of Florida, the type and details of which are provided for in Attachment A,
Scope of Work. Title to state-owned real property remains vested in the state. Title to
federally-owned real property remains vested in the Federal government in accordance
with the provisions of Section 200.312,OMB Uniform Guidance(2 CFR 200),as amended.
iii. Use. Federally-owned real property will be used for the originally authorized purpose as
long as needed for that purpose in accordance with Section 200.311, OMB Uniform
Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment
A, Scope of Work.
C. Non-Expendable Property. The following provisions apply to the extent that the grant allows the
acquisition of non-expendable property.
i. Non-Expendable Property Defined. For the requirements of this section of the
Agreement, "non-expendable property" is the same as "property" as defined in Section
273.02, F.S. (equipment, fixtures, and other tangible personal property of a non-
consumable and non-expendable nature, with a value or cost of$1,000.00 or more, and a
normal expected life of one (1) year or more; hardback-covered bound books that are
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circulated to students or the general public, with a value or cost of$25.00 or more; and
uncirculated hardback-covered bound books,with a value or cost of$250.00 or more).
ii. Title to Non-Expendable Property. Title (ownership) to all non-expendable property
acquired with funds from this Agreement shall be vested in the Commission and said
property shall be transferred to the Commission upon completion or termination of the
Agreement unless otherwise authorized in writing by the Commission or unless otherwise
specifically provided for in Attachment A, Scope of Work.
D. Equipment and Supplies. The following provisions apply to the extent that the grant allows the
acquisition of equipment and supplies.
i. Title - Equipment. Title to equipment acquired under a Federal award will vest upon
acquisition in the non-Federal entity in accordance with Sections 200.313 and 200.314,
OMB Uniform Guidance (2 CFR 200).
ii. Title — Supplies. Title to supplies will vest in the non-Federal entity upon acquisition.
Unused supplies exceeding $5,000.00 in total aggregate value upon termination or
completion of the project or program are subject to Section 200.314, OMB Uniform
Guidance.
in. Use— Equipment. Equipment must be used by the non-Federal entity in the program or
project for which it was acquired as long as needed
13. RELATIONSHIP OF THE PARTIES.
A. Independent Grantee. The Grantee shall perform as an independent grantee and not as an agent,
representative, or employee of the Commission. The Grantee covenants that it presently has no
interest and shall not acquire any interest that would conflict in any manner or degree with the
performance of services required. Each Party hereto covenants that there is no conflict of interest
or any other prohibited relationship between the Grantee and the Commission.
B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees,subcontractors,
or agents performing work under the Agreement shall be properly trained technicians who meet or
exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification.
C. Commission Security. All employees, subcontractors, or agents performing work under the
Agreement must comply with all security and administrative requirements of the Commission. The
Commission may conduct, and the Grantee shall cooperate in, a security background check or
otherwise assess any employee,subcontractor,or agent furnished by the Grantee. The Commission
may refuse access to,or require replacement of, any personnel for cause,including,but not limited
to,technical or training qualifications,quality of work,change in security status,or non-compliance
with the Commission's other requirements. Such refusal shall not relieve Grantee of its obligation
to perform all work in compliance with the Agreement. The Commission,in coordination with the
Grantee,may reject and bar from any facility for cause any of Grantee's employees,subcontractors,
or agents.
D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at
all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to
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another governmental agency in the State of Florida, upon giving prior written notice to the
Grantee.
E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that
the Commission may undertake or award supplemental agreements for work related to the
Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the
Commission in all such cases.
14. SUBCONTRACTS.
A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following
terms and conditions apply. The Grantee shall ensure, and provide assurances to the Commission
upon request, that any subcontractor selected for work under this Agreement has the necessary
qualifications and abilities to perform in accordance with the terms and conditions of this Agreement.
The Grantee must provide the Commission with the names of any subcontractor considered for work
under this Agreement; the Commission in coordination with the Grantee reserves the right to reject any
subcontractor. The Grantee agrees to be responsible for all work performed and all expenses incurred
with the project. Any subcontract arrangements must be evidenced by a written document available to
the Commission upon request. The Grantee further agrees that the Commission shall not be liable to the
extent allowed by law,to any subcontractor for any expenses or liabilities incurred under the subcontract
and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under
the subcontract.
B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above,
Grantee agrees to make payments to the subcontractor upon completion of work and submitted invoice
in accordance with the contract between the Grantee and subcontractor. Failure to make payment
pursuant to any subcontract will result in a penalty charged against Grantee and paid to the subcontractor
in the amount of one-half of one percent(0.50%) of the amount due per day from the expiration of the
period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall
not exceed fifteen percent(15%) of the outstanding balance due."
C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with
Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose
qualifications or performance,in the Commission's judgment, are insufficient.
D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A
above, the Grantee agrees to take such actions as may be necessary to ensure that each subcontractor
will be deemed to be an independent contractor and will not be considered or permitted to be an agent,
servant,joint venturer, or partner of the State of Florida.
15. MANDATORY DISCLOSURE.
These disclosures are required by State law, as indicated, and apply when this Agreement includes State
funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award.
A. Disclosure of Interested State Employees and Conflict of Interest. This Agreement is subject
to Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other
agent who is affiliated with this project and an employee of the State of Florida. If the Agreement
includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform
Guidance (2 CFR 200). Grantee must disclose,in writing, any potential conflict of interest to the
Commission in accordance with applicable Federal awarding agency policy.
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B. Convicted Vendors. Grantee hereby certifies that neither it,nor any person or affiliate of Grantee,
has been convicted of a Public Entity Crime as defined in section 287.133, F.S.,nor placed on the
convicted vendor list. Grantee shall have a continuing obligation to disclose, to the Commission,
in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the
convicted vendors list maintained by the Florida Department of Management Services pursuant to
Section 287.133(3)(d), F.S.
i. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity
crime may not be awarded or perform work as a Grantee, supplier, subcontractor or
consultant under a contract with any public entity and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, F.S., for
Category Two for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list. The State of Florida,Department of Management Services,Division
of State Purchasing provides listings for convicted, suspended, discriminatory and federal
excluded parties, as well as the vendor complaint list at:
htlp://www.dms.myflon*da.com/business_operations/state purchasing/vendor_information/co
nvicted_suspended_discriminatory complaints_vendor lists
ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department
of Management Services and the Commission, in writing, within thirty (30) days after
conviction of a public entity crime applicable to that person or an affiliate of that person as
defined in Section 287.133, F.S.
C. Vendors on Scrutinized Companies List.
i. Scrutinized Companies. Grantee certifies that it and any of its affiliates are not
scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee 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 Grantee,its affiliates, or its subcontractors are found to have submitted a false
certification; or if the Grantee,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.
D. Discriminatory Vendors. Grantee shall disclose to the Commission, in writing, if they, their
subrecipient,contractor,or subcontractor,are on the Discriminatory Vendor List maintained by the
Florida Department of Management Services pursuant to Section 287.134(3)(d),F.S. "An entity or
affiliate who has been placed on the discriminatory vendor list may not submit a bid,proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a bid,
proposal,or reply on a contract with a public entity for the construction or repair of a public building
or public work; may not submit bids, proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity; and may not transact business with any public entity."
Section 287.134(2)(a),F.S.. Grantee has a continuing duty to disclose to the Commission whether
they appear on the discriminatory vendor list.
E. Prompt Disclosure of Litigation,Investigations,Arbitration, or Administrative Proceedings.
Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to
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the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation,
investigations, arbitration, or administrative proceedings (Proceedings)relating to or affecting the
Grantee's ability to perform under this agreement. If the existence of such Proceeding causes the
Commission concern that the Grantee's ability or willingness to perform the Agreement is
jeopardized, the Grantee may be required to provide the Commission with reasonable assurances
to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its
terms and conditions; and,b.) Grantee and/or its employees or agents have not and will not engage
in conduct in performing services for the Commission which is similar in nature to the conduct
alleged in such Proceeding.
F. Certain Violations of Federal Criminal Law.If this agreement includes a Federal award,then in
accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Grantee must disclose,
in a timely manner, in writing to the Commission all violations of Federal criminal law involving
fraud,bribery, or gratuity violations potentially affecting the Federal award.
16. INSURANCE.
The Grantee warrants and represents that it is insured, or self-insured for liability insurance, in accordance
with applicable state law and that such insurance or self-insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their employment with
the Grantee.
17. SPONSORSHIP.
As required by Section 286.25, F.S., if any recipient, subrecipient, contractor or subcontractor under this
grant is a nongovernmental organization which sponsors a program financed wholly or in part by state
funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or
describing the sponsorship of the program, state: "Sponsored by(Grantee's name)and the State of Florida,
Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material,the words
"State of Florida,Fish and Wildlife Conservation Commission"shall appear in the same size letters or type
as the name of the Grantee's organization. Additional sponsorship requirements may be specified in
Attachment A, Scope of Work.
18. PUBLIC RECORDS.
A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to
allow public access to all documents,papers, letters, or other material subject to the provisions of
Chapter 119,F.S., and made or received by the Grantee in conjunction with this Agreement,unless
exemption for such records is allowable under Florida law.
B. If the Grantee meets the definition of"Contractor"in Section 119.070l(1)(a)F.S.,the Grantee shall
comply with the following:
i. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF THE CHAPTER 119, FLORIDA
STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
850-488-6553, RecordsCustodian(amyfwc.com, and 620 South
Meridian Street, Tallahassee FL 32399
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ii. Keep and maintain public records required by the Commission to perform the service.
iii. Upon request from the Commission's custodian of public records, provide the
Commission with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119,F.S. or as otherwise provided by law.
iv. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the Commission.
V. Upon completion of the contract transfer, at no cost, to the Commission all public
records in possession of the Contractor or keep and maintain public records required
by the Commission to perform the service. If the Contractor transfers all public records
to the Commission upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public records
upon completion of the contract,the Contractor shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to the
Commission, upon request from the Commission's custodian of public records, in a
format that is compatible with the information technology systems of the Commission.
19. COOPERATION WITH INSPECTOR GENERAL.
Pursuant to subsection 20.055(5),F.S., Grantee,and any subcontractor to the Grantee,understand and will
comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection,
review, or hearing. Upon request of the Inspector General or any other authorized State official, the
Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's
integrity or responsibility.Such information may include,but shall not be limited to,the Grantee's business
or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The
Grantee agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector
General or other authorized State official for investigations of the Grantee's compliance with the terms of
this or any other agreement between the Grantee and the State which results in the suspension or debarment
of the Grantee. Such costs shall include, but shall not be limited to: salaries of investigators, including
overtime; travel and lodging expenses; and expert witness and documentary fees.
20. SECURITY AND CONFIDENTIALITY.
The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the
Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of
performing Grant work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its
personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant.
21. RECORD KEEPING REQUIREMENTS.
A. Grantee Responsibilities. The Grantee shall maintain accurate books,records, documents and other
evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in
the performance of this Agreement,in accordance with generally accepted accounting principles.
B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the
Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
Florida,the Florida Office of Program Policy Analysis and Government Accountability or authorized
representatives of the state or federal government to have access to any of the Grantee's books,
documents, papers, and records, including electronic storage media, as they may relate to this
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Agreement, for the purposes of conducting audits or examinations or making excerpts or
transcriptions.
C. Grantee Records Retention. Unless otherwise specified in the Scope of Work, these records shall
be maintained for five (5) fiscal years following the close of this Agreement, or the period required
for this particular type of project by the General Records Schedules maintained by the Florida
Department of State (available at: http://dos.myflorida.com/library-archives/records-
management/general-records-schedules/), whichever is longer. Grantee shall cooperate with the
Commission to facilitate the duplication and transfer of such records upon the Commission's request.
D. Grantee Responsibility to Include Records Requirements—Subcontractors. In the event any work
is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record
keeping requirements in all subsequent contracts.
E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded
under this Agreement must comply with the Federal Funding Accountability and Transparency Act
(FFATA)of 2006. The intent of the FFATA is to empower every American with the ability to hold the
government accountable for each spending decision. The result is to reduce wasteful spending in the
government. The FFATA legislation requires that information on federal awards (federal financial
assistance and expenditures) be made available to the public via a single, searchable website:
htip://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. The Grantee agrees to
provide the information necessary,over the life of this Agreement,for the Commission to comply with
this requirement.
22. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS.
Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee has been
determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore,
pursuant to Section 215.97,F.S. and/or OMB Uniform Guidance (2 CFR 200), the Grantee may be subject
to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Grantee shall
comply with the audit requirements outlined in Attachment B, "Requirements of the Federal and Florida
Single Audit Acts,"attached hereto and made a part of the Agreement, as applicable.
23. FEDERAL COMPLIANCE.
As applicable, Grantee shall comply with all federal laws, rules, and regulations,including but not limited
to:
i. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or
requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water
Pollution Control Act(33 U.S.C. 1251-1387, as amended).
ii. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants have
been illegally taken,possessed, transported or sold.
in. Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884.
This Act governs marine fisheries in Federal waters.
iv. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless
permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer
for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for
transportation, transport, cause to be transported, carry or cause to be carried by any means
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whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any
manner, any migratory bird, or any part,nest, or egg of such bird.
V. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the
conservation of threatened and endangered plants and animals and the habitat in which they
are found. The Act also prohibits any action that cause a "taking" of any listed species of
endangered fish or wildlife. Also generally prohibited are the import, export, interstate, and
foreign commerce of listed species.
24. FEDERAL FUNDS.No Federal Funds are applied to this Agreement,therefore,the following terms
and conditions do not apply,
A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and
agreed that the Grantee is not authorized to expend any federal funds under this Contract to a federal
agency or employee without the prior written approval of the awarding federal agency.
B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled `Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60). Applicable, except as
otherwise provide under 41 CFR Part 60,to any grant,contract,loan,insurance,or guarantee involving
Federal assisted construction.
C. Davis-Bacon Act. The Davis-Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of
Labor regulations at 29 CFR Part 5. Applicable to contractors and subcontractors performing on
federally funded or assisted contracts in excess of$2,000.00 for the construction, alteration, or repair
(including painting and decorating) of public buildings or public works. Under this Act, contractors
and subcontractors must pay their laborers and mechanics employed under the contract no less than
the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area.
D. Copeland "Anti-Kickback Act. The Copeland "Anti-Kickback" Act, 40 U.S.C. 3141-3148, and
3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5). Applicable to
contracts awarded by a non-Federal entity in excess of $100,000.00 that involve employment of
mechanics or labors. Under this Act, contractors and subrecipients are prohibited from inducing, by
any mean, any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled.
E. Contract Work Hours and Safety Standards Act. Sections 103 and 107 of the Agreement Work
Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CFR part 5). Applicable to construction contracts awarded by Contractors and
subcontractors in excess of$2,000.00, and in excess of$2,500.00 for other contracts which involve
the employment of mechanics or laborers. Under this Act, contractors and subcontractors must
compute wages of mechanics and laborers (workers) on the basis of a standard forty (40) hour work
week;provide workers no less than time and a half for hours worked in excess of the forty (40) hour
work week; and not require workers to work in surroundings or work conditions that are unsanitary,
hazardous, or dangerous.
F. Rights to Inventions Made Under a Contractor Agreement. 37 CFR Part 401.If the Federal award
meets the definition of"funding agreement"under 37 CFR 401.2(a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under the "funding agreement,"the recipient or subrecipient must comply with the requirements of 37
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FWC Agreement No. 20181
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act(Pub. L. 94-163, 89 Stat. 871).
H. Debarment and Suspension Contractor Federal Certification. In accordance with Federal
Executive Order 12549 and 2 CFR Part 1400 regarding Debarment and Suspension, the Grantee
certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or
other covered transaction,with a person who is similarly debarred or suspended from participating in
this covered transaction.
I. Prohibition against Lobbying.
i. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal
appropriated funds have been paid or will be paid,on or after December 22, 1989,by or on
behalf of the Grantee,to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress, in connection with the awarding, renewal, amending
or modifying of any Federal contract, grant, or cooperative agreement. The Grantee 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 Grantee with respect to this Contract
and its related federal contract,grant,loan,or cooperative agreement;or,if the Grantee has
engaged any registrant with respect to this Contract and its related Federal contract, grant,
loan, or cooperative agreement, the Grantee shall, prior to or upon execution of this
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 Grantee 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 Grantee shall submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", and shall file quarterly updates of any material
changes. The Grantee shall require the language of this certification to be included in all
subcontracts, and all subcontractors shall certify and disclose accordingly.
ii. Grantee— Refrain from Subcontracting with Certain Organizations. Pursuant to the
Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any
subcontracts under this Contract with any organization described in Section 501(c)(4) of
the Internal Revenue Code of 1986,unless such organization warrants that it does not, and
will not, engage in lobbying activities prohibited by the Act as a special condition of the
subcontract.
J. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall
comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR
200).
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FWC Agreement No. 20181
K. Drug Free Workplace. Pursuant to the Drug-Free Workplace Act of 1988, the Grantee attests and
certifies that the Grantee will provide a drug-free workplace compliant with 41 U.S.C. 81.
25. CONTRACT-RELATED PROCUREMENT.
A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the
performance of this Contract is certified by or is available from Prison Rehabilitative Industries
and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection
946.515(2), F.S., the following statement applies:
It is expressly understood and agreed that any articles which are the subject
of,or required to carry out,this contract shall be purchased from [PRIDE]
in the same manner and under the same procedures set forth in Subsections
946.515(2) and(4),F.S.; and for purposes of this contract the person,firm
or other business entity carrying out the provisions of this contract shall
be deemed to be substituted for this agency insofar as dealings with such
corporation are concerned.
The above clause is not applicable to subcontractors unless otherwise required by law. Additional
information about PRIDE and the products it offers is available at htlp://www.pride-entelprises.org.
B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service
required for the performance of this Contract is on the procurement list established pursuant to
Subsection 413.035(2), F.S., the following statement applies:
It is 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 handicapped that is
qualified pursuant to Chapter 413,F.S.,in the same manner and under the
same procedures set forth in Subsections 413.036(l) and(2),F.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 agency are
concerned.
Additional information about the designated nonprofit agency and the products it offers is available
at htlp://www.respectofflorida.org.
C. Procurement of Recycled Products or Materials. Grantee agrees to procure any recycled
products or materials which are the subject of or are required to carry out this Contract in
accordance with Section 403.7065, F.S.
26. PROFESSIONAL SERVICES.
A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this
Agreement is for the acquisition of professional architectural, engineering, landscape architectural,
or registered surveying and mapping services, and is therefore subject to Section 287.055,F.S.,the
following provision applies:
The architect (or registered surveyor and mapper or professional engineer, as
applicable) warrants that he or she has not employed or retained any company or
person, other than a bona fide employee working solely for the architect (or
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registered surveyor and mapper, or professional engineer, as applicable) to solicit
or secure this Agreement and that he or she has not paid or agreed to pay any
person,company,corporation,individual,or firm,other than a bona fide employee
working solely for the architect(or registered surveyor and mapper or professional
engineer, as applicable) any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
contract.
B. Termination for Breach. For the breach or violation of this provision,the Commission shall have
the right to terminate the Agreement without liability and, at its discretion, to deduct from the
Agreement price, or otherwise recover, the full amount of such fee, commission,percentage, gift,
or consideration.
27. INDEMNIFICATION.
If Grantee is a state agency or subdivision, as defined in Subsection 768.28(2),F.S.,pursuant to Subsection
768.28(19), F.S.,neither Party indemnifies nor insures the other Party for the other Party's negligence. If
Grantee is not a state agency or subdivision as defined above, Grantee shall be fully liable for the actions
of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless
the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and
costs of every name and description, including attorneys' fees, arising from or relating to personal injury
and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its
agents,employees,partners,or subcontractors,provided,however,that Grantee shall not indemnify for that
portion of any loss or damages proximately caused by the negligent act or omission of the State or the
Commission. If this is a Professional Services Agreement as defined in Subsection 725.08 F.S., then
notwithstanding the provisions of Subsection 725.06 F.S., the design professional shall only be liable for,
and fully indemnify, defend, and hold harmless the State, the Commission, and their officers, agents, and
employees,for actions caused in whole or in part,by the negligence,recklessness,or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the Agreement.
28. NON-DISCRIMINATION.
No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded
from participation in,be denied the proceeds or benefits of, or be otherwise subjected to discrimination in
performance of this Agreement.
29. SEVERABILITY, CHOICE OF LAW,AND CHOICE OF VENUE.
This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law,but if any provision of this Agreement shall be prohibited
or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Agreement. Any action in connection herewith,in law or equity, shall be brought in Leon County,Florida,
to the exclusion of all other lawful venues.
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FWC Agreement No. 20181
30. NO THIRD PARTY RIGHTS.
The Parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or
interest to any person not a parry to this Agreement.
31. JURY TRIAL WAIVER.
As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or
proceeding brought by any party against any other parry pertaining to any matter whatsoever arising out of
or in any way connected with this Agreement, or with the products or services provided under this
Agreement,including but not limited to any claim by the Grantee of quantum meruit.
32. PROHIBITION OF UNAUTHORIZED ALIENS.
In accordance with Federal Executive Order 96-236,the Commission shall consider the employment by the
Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization
Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly
employs unauthorized aliens.
33. EMPLOYMENT ELIGIBILITY VERIFICATION(E-VERIFY).
A. Requirement to Use E-Verify. Executive Order 11-116, signed May 27, 2011,by the Governor
of Florida, requires Commission contracts in excess of nominal value to expressly require the
Grantee to: 1.) utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by Grantee during the Agreement term; and,2.)
include in all subcontracts under this Agreement, the requirement that subcontractors performing
work or providing services pursuant to this Agreement utilize the E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the term of the
subcontract.
B. E-Verify Online. E-Verify is an Internet-based system that allows an employer,using information
reported on an employee's Form I-9, Employment Eligibility Verification, to determine the
eligibility of all new employees hired to work in the United States after the effective date of the
required Memorandum of Understanding (MOU); the responsibilities and elections of federal
contractors, however, may vary, as stated in Article II.D.l.c. of the MOU. There is no charge to
employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found
online athtlp://www.dhs.gov/files/programs/gc 1185221678150.shtm
C. Enrollment in E-Verify. If Grantee does not have an E-Verify MOU in effect, the Grantee must
enroll in the E-Verify system prior to hiring any new employee after the effective date of this
Agreement.
D. E-Verify Recordkeeping. The Grantee further agrees to maintain records of its participation and
compliance with the provisions of the E-Verify program, including participation by its
subcontractors as provided above, and to make such records available to the Commission or other
authorized state entity consistent with the terms of the Grantee's enrollment in the program. This
includes maintaining a copy of proof of the Grantee's and subcontractors' enrollment in the E-
Verify Program(which can be accessed from the"Edit Company Profile"link on the left navigation
menu of the E-Verify employer's homepage).
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FWC Agreement No. 20181
E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility
Verification provision is made an express condition of this Agreement and the Commission may
treat a failure to comply as a material breach of the Agreement.
34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE.
Neither Parry shall be liable to the other for any delay or failure to perform under this Agreement if such
delay or failure is neither the fault nor the negligence of the Parry or its employees or agents and the delay
is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause
wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no
alternate source of supply is available. However,in the event of delay from the foregoing causes,the Party
shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's
performance obligation under this Agreement.If the delay is excusable under this paragraph,the delay will
not result in any additional charge or cost under the Agreement to either Parry. In the case of any delay
Agreement believes is excusable under this paragraph, Grantee shall notify the Commission's Grant
Manager in writing of the delay or potential delay and describe the cause of the delay either: (1)within ten
(10)calendar days after the cause that creates or will create the delay first arose,if Grantee could reasonably
foresee that a delay could occur as a result; or(2)within five (5) calendar days after the date Grantee first
had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE
FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE WITH
RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent
to such remedy. The Commission,in its sole discretion,will determine if the delay is excusable under this
paragraph and will notify Grantee of its decision in writing. No claim for damages, other than for an
extension of time, shall be asserted against the Commission. Grantee shall not be entitled to an increase in
the Agreement price or payment of any kind from the Commission for direct, indirect, consequential,
impact,or other costs,expenses or damages,including but not limited to costs of acceleration or inefficiency
arising because of delay,disruption,interference,or hindrance from any cause whatsoever. If performance
is suspended or delayed,in whole or in part, due to any of the causes described in this paragraph, after the
causes have ceased to exist, Grantee shall perform at no increased cost,unless the Commission determines,
in its sole discretion,that the delay will significantly impair the value of the Agreement to the Commission
or the State, in which case, the Commission may do any or all of the following: (1) accept allocated
performance or deliveries from Grantee, provided that Grantee grants preferential treatment to the
Commission with respect to products or services subjected to allocation; (2)purchase from other sources
(without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products
or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;
or(3) terminate the Agreement in whole or in part.
35. TIME IS OF THE ESSENCE.
Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional
deadlines for performance for Grantee's obligation to timely provide deliverables under this Agreement
including but not limited to timely submittal of reports, are contained in the Scope of Work,Attachment A.
36. ENTIRE AGREEMENT.
This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the
Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto,
unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail;
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FWC Agreement No. 20181
this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the
solicitation.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their
duly authorized signatories on the day and year last written below.
MONROE COUNTY BOCC FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Digitally signed by Gregg Eason
Gregg Eason Date:2020.12.02 17:17:53-05'00'
SIGNATURE SIGNATURE
Name: Roman Gastesi Name:
Title: County Administrator Title:
Date: 11/17/2020 Date:
MONROE COU44TY ATTORNEY
A 'VED q OJFO M
Approved as to form and legality by FWC Attorney:
SIGNATURE
Attachments in this Agreement include the following:
Attachment A Scope of Work
Attachment B Requirements of the Federal and Florida Single Audit Acts
Exhibit 1 Federal and State Funding Detail
Attachment C Cost Reimbursement Contract Payment Requirements
Attachment D Derelict Vessel Removal Best Management Practices
Attachment E Letter of Return on Investment for the State
Attachment F Sample Invoice Form
Attachment G Monthly Progress Report
Attachment H Certificate of Completion
GRANT- GOVERNMENTAL ENTITY Ver. January, 2018 Page 20 of 20
Attachment A—SCOPE OF WORK
Project Name: Monroe County Derelict Vessel Removal FWC Contract No. 20181
Project
1. PROJECT DESCRIPTION
A. Purpose: The purpose of this project is to remove and dispose of three derelict vessels from
the public waters of the state within the jurisdiction of Monroe County, Florida.
B. Project Benefits: The removal and disposal of these derelict vessels will improve boating
safety by removing hazards to navigation. This project will also help to restore sensitive
marine resources and improve water quality.
2. DELIVERABLE(S) Removal and disposal of 3 derelict vessels from the public waters of the State
A. Tasks: The Grantee shall provide all labor, equipment, and materials to remove the
derelict vessels listed below from the public waters of the state within the
jurisdiction of Monroe County and properly dispose of the vessels
in the designated disposal location:
1) FWCS20OFF009943
Description: White/Blue 30' Seidelman Yacht Sailboat, Reg: FL3934FN
HIN: XFR3006IM82E
Location: 24 34.26102(N)/081 48.71202(W)/N. Shore Wisteria Island, KW Harbor
Disposal: Landfill
2) FWSB20OFF002937
Description: White 40' Unknown Make Open Vessel,Reg: None Available
HIN: None Available
Location: 24 39.390(N)/081 25.28298(W)/Completely Submerged in Niles Channel
Disposal: Landfill
3) FWCS20OFF014711
Description: Blue Bottom 19' Bonito Open Fishing Vessel, Reg: FL3146FG
HIN: BNTA11581687
Location: 24 34.62402(N)/081 48.24702(W)/W. Side Fleming Key, Capsized
Disposal: Landfill
B. Documentation used as evidence of performance: The Grantee shall provide to the
Commission a Final Disposition Report. This report shall contain the list of all derelict
vessels removed, the disposition of each derelict vessel, and photographs that document the
condition of each vessel prior to removal, the removal process for each vessel, and the final
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Attachment A—SCOPE OF WORK
Project Name: Monroe County Derelict Vessel Removal FWC Contract No. 20181
Project
disposition of each vessel.
3. FINANCIAL CONSEQUENCES
In addition to nonpayment for tasks which are not satisfactorily or timely completed, or for failure to
correct any project deficiencies, as noted in the final project inspection, the Commission may impose
a financial consequence of twenty percent(20%) of the total contract amount for failure to complete
any tasks satisfactorily or timely, or for failure to correct any project deficiencies, as noted in the final
project inspection.
The final project inspection will be done by a Commission officer verifying that the entire vessel for
each task has been removed according to the project plan.
Failure of Grantee to have all receipts and evidence of project performance delivered to FWC on or
before February 12, 2021,before close of business may jeopardize payment of funds to the Grantee
per the Agreement.
4. PERFORMANCE
A. Acceptance of Agreement: The Grantee will accept the agreement, and have it signed and
returned to the Commission within 30 days of receipt. Failure to have the agreement returned
within the specified time will render the agreement null and void. In some cases,the
Commission will allow a modified return time with prior notice and approval from the
Commission's Contract Manager.
B. Commencement of Work: The Grantee shall commence work on the overall project as soon
as notified by the Commission of the agreement execution. Failure by the Grantee to execute
the work within 60 days of agreement execution shall result in the agreement being null and
void,unless prior approval for a delay is granted by the Commission's Contract Manager.
C. Procurement: The Grantee shall procure goods and services through a competitive
solicitation process in accordance with Chapter 287, Florida Statutes. The Grantee has
already included in the application the quote provided by the contractor chosen for the task
and the Commission will pay to the Grantee 100 percent of the quoted price for each task or
100 percent of the actual cost if less than the quoted price. The Grantee will ensure that the
selected contractor has adequate insurance and is qualified to do the work. A copy of the
state's Derelict Vessel Removal Best Management Practices, attached as Attachment D,will
provide guidance as to whether or not the selected contractor is qualified to do the work.
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Attachment A—SCOPE OF WORK
Project Name: Monroe County Derelict Vessel Removal FWC Contract No. 20181
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D. Closeout: Final receipts with required evidence of completion will be received by the
Commission's Contract Manager no later than February 12, 2021.
5. COMPENSATION AND PAYMENT
A. Compensation: For satisfactory completion of the tasks described in this Scope of Work,by
the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a
cost reimbursement basis in an amount not to exceed $9,650.00. The Grantee shall be
reimbursed only for budgeted expenses that are directly related to the removal and disposal of
vessels within the project.
B. Cost Share: The Grantee is not required to provide any cost share of the total cost of the
project as indicated in the FWC Derelict Vessel Removal Grant Guidelines. The total
compensation by the Commission shall be $9,650.00 or 100% of the total cost for the project,
whichever is less.
C. Salvage Value: The Grantee shall be entitled to the salvage value of any grant-designated
derelict vessel or any part(s) or accessories thereof,not used in the construction of a
permitted artificial reef site, excluding the hull. All such salvage activities not essential to the
physical removal of a derelict vessel shall be accomplished after the vessel has been removed
from public waters. The salvage value of each vessel shall be deducted by the Grantee when
determining the reimbursement request for the removal and disposal costs for each derelict
vessel.Vessel hulls must be destroyed and not salvaged in whole. All salvaged materials
from such vessels must be removed from the vessels before being sold for salvage. By law,
such salvage values must offset the cost of removal to be allowed.
D. Forms and Documentation: The Grantee shall be reimbursed on a cost reimbursement basis
in accordance with 2011 Reference Guide for State Expenditures attached hereto and made a
part hereof as Attachment C.
The request for reimbursement shall include an invoice in a format similar to Attachment F,
Sample Invoice Form,which shall include the FWC Agreement Number, the Grantee's
Federal Employer Identification(FEID)Number, and the dates of service. The invoice shall
be accompanied by Attachment H: Certificate of Completion,photographs to document
project removal and destruction completion, an itemized list of all project expenditures, and
copies of invoices and cancelled checks or check numbers to document payment for all
project expenditures.
6. MONITORING
A. Compliance Monitoring and Corrective Actions: The Commission will monitor the
Grantee's service delivery to determine if the Grantee has achieved the required level of
performance. If the Commission in its sole discretion determines that the Grantee failed to
meet any of the terms or conditions of this Agreement,the Grantee will be sent a formal written
notice. The Grantee shall correct all identified deficiencies within forty-five (45) days of
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Attachment A—SCOPE OF WORK
Project Name: Monroe County Derelict Vessel Removal FWC Contract No. 20181
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notice. Failure to achieve 100% compliance with all of the terms and conditions of this
Agreement or failure to correct the deficiencies identified in a notice identifying deficiencies
within the time frame specified may result in delays in payment or termination of this
Agreement in accordance with the terms of the Agreement.
B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable,
during the removal of project vessels. The Grantee shall notify the Commission's Contract
Manager when the Project has reached substantial completion so that inspection may occur in
a timeframe allowing for the timely submission and processing of the final invoice. The
Commission's Contract Manager, or designee, shall inspect the work accomplished on the
project and, if deemed complete and in compliance with the terms of the Agreement, approve
the request for payment. All derelict vessel removal sites will be inspected by a Commission
officer to verify the complete removal of the vessel as described in the Agreement.
C. Project Progress Reports: The Grantee shall submit to the Commission,on a monthly basis,
project progress reports outlining the progress of the project, and identifying any problems that
may have arisen and actions taken to correct such problems. Such reports shall be submitted
on the Project Monthly Progress Report Form attached hereto and made a part hereof as
Attachment G.Reports are due to the Commission's Contract Manager by the 15'of the month
immediately following the reporting period until the Certificate of Completion is submitted.
D. Best Management Practices: The Grantee shall ensure that the contractor chosen to complete
the tasks as indicated in this Scope of Work are both able and instructed to follow state Derelict
Vessel Removal Best Management Practices (BMPs), (Attachment D). Failure to follow these
BMPs may subject both the contractor and the Grantee to State or Federal fines and penalties
if it is shown that these practices were not followed.
E. Certificate of Completion: Upon completion of the Project, the Contract Manager for the
Grantee shall sign a Certificate of Completion form, Attachment H, attached hereto and made
a part hereof, that certifies the project was completed in accordance with this Scope of Work
and the Agreement. For reporting purposes this project will be submitted to the Executive
Office of the Governor, a Letter of Return on Investment for the State is attached hereto and
made part thereof as Attachment E to this agreement.
7. INTELLECTUAL PROPERTY RIGHTS
No additional requirements. Refer to Section 12 of the Agreement.
8. SUBCONTRACTS
No additional requirements. Refer to Section 14 of the Agreement.
9. INSURANCE
No additional requirements. Refer to Section 16 of the Agreement.
10. SECURITY AND CONFIDENTIALITY
No additional requirements. Refer to Section 20 of the Agreement.
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Attachment A—SCOPE OF WORK
Project Name: Monroe County Derelict Vessel Removal FWC Contract No. 20181
Project
11. RECORD KEEPING REQUIREMENTS
No additional requirements. Refer to Section 21 of the Agreement.
12. NON-EXPENDABLE PROPERTY
No additional requirements. Refer to Section 12 of the Agreement.
13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY
No additional requirements. Refer to Section 12 of the Agreement.
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FWC Agreement No.FWC-20181
Attachment B
AUDIT REQUIREMENTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission
(Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described
in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award,
then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both
State and Federal funds,then all provisions apply.
MONITORING
In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform
Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as
revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS"
below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such
monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or
contracted consultants,limited scope audits as defined by Section 200.331,OMB Uniform Guidance and/or
other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Florida Department of Financial Services or the Florida Auditor General.
AUDITS
PART L• FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following
provisions apply:
A. This part is applicable if the Grantee is a State or local government or a non-profit organization as
defined in Sections 200.90,200.64, or 200.70,respectively, OMB Uniform Guidance.
B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or
program-specific audit conducted in accordance with the provisions of the Federal Single Audit Act of
1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment
indicates Federal resources awarded through the Commission by this Agreement. In determining the
Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards,
including Federal resources received from the Commission. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by Sections 200.500-200.521,
OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB
Uniform Guidance,will meet the requirements of this part.
C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall
fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB
Uniform Guidance. This includes,but is not limited to,preparation of financial statements, a schedule
of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action
plan.
D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that
the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
Attachment B rev.6.15.15 Page 1 of 6
FWC Agreement No.FWC-20181
December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance,the cost of the
audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from Grantee
resources obtained from other than Federal entities).
E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance
findings related to contracts with the Commission shall be based on the contract requirements,including
any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose
whether or not the matching requirement was met for each applicable contract. All questioned costs
and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the
Commission contract involved. Additionally, the results from the Commission's annual financial
monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB
Uniform Guidance audit reports.
F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of
expenditures of Federal awards shall identify expenditures by contract number for each contract with
the Commission in effect during the audit period.
G. If the Grantee expends less than$500,000.00 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of Sections 200.500-200.521,OMB Uniform Guidance,is not required.
In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521,OMB
Uniform Guidance,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such
an audit must be paid from the Grantee's resources obtained from other-than Federal entities).
H. A web site that provides links to several Federal Single Audit Act resources can be found at:
http://harvester.census.gov/sac/sainfo.html
PART II,• STATE FUNDED. If this Agreement includes State funding, then the following provisions
apply:
This part is applicable if the Grantee is a non-state entity as defined by Section 215.97, F.S., (the Florida
Single Audit Act).
A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess
of$500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project-
specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the
Executive Office of the Governor and the Department of Financial Services;and Chapters 10.550(local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by
this Contract. In determining the state financial assistance expended in its fiscal year,the Grantee shall
consider all sources of state financial assistance, including state financial assistance received from the
Commission, other state agencies, and other non-state entities. State financial assistance does not
include Federal direct or pass-through awards and resources received by a non-state entity for Federal
program matching requirements.
B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall
ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes
submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General.
Attachment B rev.6.15.15 Page 2 of 6
FWC Agreement No.FWC-20181
C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that
the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year and elects to
have an audit conducted in accordance with the provisions of section 215.97, F.S.,the cost of the audit
must be paid from the non-state entity's resources (i.e.,the cost of such an audit must be paid from the
Grantee's resources obtained from other-than State entities).
D. Additional information regarding the Florida Single Audit Act can be found at:
hItps://apps.fldfs.com/fsaa/.
E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the
following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S.Meridian St.
Tallahassee,FL 32399-1600
PART III: REPORT SUBMISSION
A. Copies of reporting packages, to include any management letter issued by the auditor, for audits
conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by
Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the
following at the address indicated:
1. The Commission at the following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S.Meridian St.
Tallahassee,FL 32399-1600
2. The Federal Audit Clearinghouse designated in Section 200.512,OMB Uniform Guidance (the
reporting package required by Section 200.512, OMB Uniform Guidance,should be submitted
to the Federal Audit Clearinghouse):
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10"Street
Jeffersonville,IN 47132
3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB
Uniform Guidance.
B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB
Uniform Guidance, and required by Part I of this Attachment(in correspondence accompanying the
audit report, indicate the date that the Grantee received the audit report); copies of the reporting
Attachment B rev.6.15.15 Page 3 of 6
FWC Agreement No.FWC-20181
package described in Section 200.512, OMB Uniform Guidance, and any management letters issued
by the auditor; copies of reports required by Part II of this Attachment must be sent to the
Commission at the addresses listed in paragraph C.below.
C. Copies of financial reporting packages required by Part 11 of this Attachment, including any
management letters issued by the auditor, shall be submitted by or on behalf of the Grantee
directly to each of the following:
1. The Commission at the following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S.Meridian St.
Tallahassee,FL 32399-1600
2) The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building
111 West Madison Street
Tallahassee,FL 32399-1450
D. Any reports, management letter, or other information required to be submitted to the Commission
pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521,
OMB Uniform Guidance,Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
Grantees and sub-Grantees,when submitting financial reporting packages to the Commission for audits
done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550
(local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee
in correspondence accompanying the reporting package.
-End of Attachment B—
Attachment B rev.6.15.15 Page 4 of 6
FWC Agreement No.FWC-20181
Exhibit 1
FEDERAL AND STATE FUNDING DETAIL
FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
i
CFDA# CFDA Title Amount
N/A
Total Federal Awards
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
§ r 7 r r 7 r r 7 r
CFDA# Compliance Requirements
N/A
STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Matching Funds Provided
b CFDA
CFDA# CFDA Title Amount of
Matchin' Funds
Total Matching Funds Associated with Federal N/A
Programs
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
State Project(s)
CSFA# CSFA Title Amount
77.005 FWC Derelict Vessel Removal Grant Program $9,650.00
Total State Awards $9,650.00
Attachment B rev.6.15.15 Page 5 of 6
FWC Agreement No.FWC-20181
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
State Project s Compliance Requirements
CSFA# Compliance Requirements
77.005 Must adhere to FWC Derelict Vessel Removal Grant Program Guidelines
(November 2019
NOTE: Section 200.513, OMB Uniform Guidance(2 CFR 200), as revised, and Section 215.97(5),
Florida Statutes, require that the information about Federal Programs and State Projects included
in Exhibit 1 be provided to the Grantee.
-End of EXMIBIT 1 -
Attachment B rev.6.15.15 Page 6 of 6
FWC Contract No. 20181 Attachment C
COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS
Pursuant to the February,2011 Reference Guide for State Expenditures published by the Department of Financial
Services, invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category(salary,travel, expenses, etc.). In addition, supporting documentation must be provided for each amount
for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided
in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of supporting documentation:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds,the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services
and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies may submit alternative documentation to substantiate the reimbursement
request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or
submitted documentation must evidence the completion of all tasks required to be performed for the deliverable
and must show that the provider met the minimum performance standards established in the agreement.
Attachment D
Contract FWC-20181
Best Management Practices for DV removal
Derelict Vessel Removal Process
Derelict vessels are existing impacts to the environment as well as boating safety
hazards, impediments to navigation, and esthetic nuisances. Typically these vessels are
found grounded on the edges of active waterways where they may have physical
impacts on benthic and shoreline communities. However,the impact of these vessels is
not limited to their immediate location. If left unattended,the influences of winds and
tides continue to push the boats causing greater impact as they become more deeply
mired into the environment. Early extraction of these vessels will avoid and minimize
the environmental impacts. In addition to these physical impacts resulting from the
movement of these vessel through the environment; there is the long term effect
caused by their continued degradation and decay in the marine environment. These
vessels may be constructed of various materials, such as wood, steel, aluminum, or
fiberglass; each having varying degrees of resilience and can remain in the marine
environment for extended periods of time. With the progression of time;the
environmental impacts increase with the shading from the hull and displacement of live
bottom and emergent vegetative communities resulting from the expansion of the
debris field as the vessels disintegrates. The impacts resulting from the removal of
these vessels during any stage is less than the impacts caused by the long-term
presence of the vessel in the marine environment. Therefore the early detection and
removal of these abandoned and derelict vessels is the best means of minimizing the
individual or cumulative impacts to the environment.
Derelict Vessel Removal (FDEP) Permit Exemption
An Exemption under Florida Administrative Code Chapter 62-330-051(5)(g) by
Florida Department of Environmental Protection, has been established for the
removal of derelict vessels. Based on the presumption that the extraction of these
vessels from the marine environment will cause only minimal environmental impacts
and in turn avoid the long-term impacts resulting from the degradation of the vessel at
it current location. The environmental impacts are ameliorated by the application of
the best management practices referenced below.
Florida Administrative Code Chapter 62-330-051(5)(9)
(g)The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal,
state, and local agencies, provided:
1. The derelict vessel case has been completed as specified in Section 705.103, F.S., and
has been entered into the Statewide Derelict Vessel Database maintained by the
Florida Fish and Wildlife Conservation Commission;
2. All work is done in a mannerthat,to the greatest practicable extent, avoids
additional dredging or filling, grounding or dragging of vessels, and damage to
submerged resources such as seagrass beds, oyster beds, coral communities,
mangroves, other wetlands, and live bottom; and
3. An absorbent blanket or boom shall be immediately deployed on the surface of the
water around the derelict vessel if fuel, oil, or other free-floating pollutants are
observed during the work.
General Derelict Vessel Removal and Environmental Protection Best Management
Practices
The following best management practices (BMP's)will be employed by the marine
contractor during the removal of derelict vessels. These BMP's will be incorporated into
the contact for each vessel removal project.The marine contractor selected for the
project will be required to show proof of their ability to meeting the BMP requirements
with their contingency of equipment, staff and expertise in the removal of derelict
vessels.
Compliance with these BMP's will be monitored by the County and by local Florida Fish
and Wildlife Conservation Commission law enforcement officers. These BMP's are as
follows:
a. All Work Is To Meet The Following Requirements:
1. Operations are to be limited to daylight hours.
2. Operations are to be staged from an upland area.
3. All work is to be performed in a manner that avoids and/or minimizes
impacts to live bottom and other resource areas (e.g., seagrass beds,
oyster beds, wetlands, mangroves, and other sensitive habitats)
while approaching, working in, and leaving the derelict vessel site.
4. All work shall avoid impacts to manatees, sea turtles, and other
species listed by the state and federal government as threatened or
protected.
5. The Contractor will remove all contaminants and pollutants including
fuels, batteries, paints, solvents, and engine from the derelict vessel
prior to extraction. Any contaminant or pollutant found to be
contained within a derelict vessel shall be removed by the
Contractor, placed in an approved container, and disposed of
properly. The placement of an absorbent blanket on the surface of
the water around the derelict vessel within the turbidity barrier is
required where free floating product(gas/oil) is observed.
6. The Contractor is to provide appropriate best management practices
(BMPs) approved by the Florida Department of Environmental
Protection for erosion control and turbidity protection while each
derelict vessel is being removed. In areas of low to moderate
currents, a Type II floating turbidity barrier will be installed within a
ten (1o)foot radius of the vessel being removed prior to starting any
removal activities. The turbidity barrier shall be anchored to the
bottom of the waterway.
7. The Contractor is to provide appropriate BMPs for erosion control
and turbidity prevention around the vessels/barges being used to
remove the derelict vessel and around the perimeter of any upland
staging site (where necessary).
8. The Contractor is to monitor turbidity levels throughout removal
work.
9. In an effort to reduce turbidity, a crane, winch and/or approved
alternate method is to be used to raise the derelict vessel from the
water.
1o. The Contractor will assess turbidity levels and allow them to return to
an acceptable level similar to pre-project condition prior to removal
of turbidity measures.
11. The dragging of vessels is to be avoided both on and off-shore. All
vessels/barges used in vessel removal shall continually monitor water
depths to avoid running aground.
12. The Contractor will load derelict vessels onto a barge and/or flat bed
truck(or similar)for proper disposal.
13. The Contractor is to photo-document all removals as described in
Item 6 below with pictures taken before, during and after removal.
The Contractor will provide a daily written report of all removal
activities.
b. For Derelict Vessels That Are Floating or Lightly Aground:
1. The vessel is to be pumped out as needed and extracted (floated out)
during high water.
2. Following extraction,the vessel is to be towed from the grounded
location to a boat ramp or other removal point while avoiding and/or
minimizing impacts to live bottom areas.
c. For Derelict Vessels That Are Hard Aground:
1. The vessel is to be approached using shallow draft vessels.
2. The vessel is to be extracted using a crane from a shallow draft deck
barge, by hand using the best available tools, or similar approach to
minimize impacts to the site and surrounding areas.
d. For Derelict Vessels Sunken in Shallow Water:
1. Install and inflate flotation bags as needed.
2. Lift the vessel with barge mounted crane or similar equipment.
FWC Agreement Number: FWC 20181
Attachment E
1
To: FWC Contract 20181, Monroe County
From: Phil Horning, Contract Manager
Rorida Fish RE: Return on Investment Reporting
and WMfife
Conservation
Commission This Memorandum is to document the Return of Investment reporting
language as mandated and approved by Florida's Executive Office of the
Commissioners Governor, Office of Policy and Budget, in to FWC Contract 20181.
Robert A.Spottswood
Chairman
Key West
Michael W.Sole Return of Investment reporting:
Vice Chairman
Tequesta
Rodney Barreto The ultimate objective is for the vessel(s) to be removed from the water at
Coral Gables
the earliest possible time to prevent additional removal costs and potential
Steven Hudson
Fort Lauderdale damage by interfering with navigation or the environment. Removing
Gary Lester vessels at the earliest possible time reduces the cost of removing vessels at
Oxford a later time when they frequently sink or break apart thereby increasing
Gary Nicklaus removal costs. By eliminating these hazards from navigation, there is a
Jupiter
reduced chance of injury or death associated with a collision between a
Sonya Rood
St.Augustine boater and a derelict vessel thereby reducing risk to the boater, county and
state.
Office of the
Executive Director Removing a greater number of derelict vessels reduces the number of
Eric Sutton environmental incidents of pollution caused by spilled fuels and oils and
Executive Director p p
Thomas H.Eason,Ph.D. the leaching of caustic chemicals into the waters of the state. A reduction
Assistant Executive Director
of derelict vessel damage to sea grasses, corals, and other benthic
Jennifer Fitzwater
Chief of Staff resources also increases value to our states natural resources and reduces
restoration costs. Derelict vessels can also be a blight on working
Division of Law
Enforcement waterfronts, resort and residential areas. This blight can negatively affect
Colonel Curtis Brown the economy of these areas including use, sales and tourism.
Director
(850)488-6251 Analysis at the program's conclusion will list the number of derelict vessels
(850)487-0463 FAX
and/or total linear feet removed for both individual counties and the
Managing fish and wildlife statewide total. The average cost for vessels removed and the average cost
resources for their long-term
well-being and the benefit per linear foot will also be included. The report will measure the
of people.
percentage of derelict vessels removed for both counties and the entire
mmmmmmmmoffmmvzuvmmum
state based on the pre-program totals as listed in the Statewide Derelict
620 South Meridian Street
Tallahassee,Florida Vessel Database.
32399-1600
Voice:850-488-4676
Hearing/speech-impaired:
800-955-8771(T)
800 955-8770(V)
MyFWC.com
INVOICE Attachment F
Billed to: Invoice No. 20181
Fish and Wildlife Conservation Commission Invoice Date:
FWC Derelict Vessel Removal Grant Program FWC Contract#: FWC-20181
620 South Meridian Street Amount of Grant Award: $9,650.00
Tallahassee, Florida 32399-1600
Billing Period/Dates of Service:
Remit payment to:
From:
Grantee: Monroe County BOCC (Date Contactor Began Work)
FEID#: 59-6000749
Address: 2798 Overseas Highway, Suite 420 To :
Marathon, Florida 33050 (Date Contractor Completed Work)
PROJECT COSTS:
In-kind Services—Non-cash expenses: Amount
In-kind service: Administration $ N/A
In-kind service: Project Management $ N/A
In-kind service: Other $ N/A
Deliverables/Services Provided (Scope of Work)—Cash expenditures: Amount
Vessel 1 FWCS20OFF009943 30' Seidelman Yacht, Reg: FL3934FN $ 3,750.00
Vessel 2 FWSB20OFF002937 40' Unknown Open Vessel, Reg: Unknown (Completely Submerged) $ 4,000.00
Vessel 3 FWCS20OFF014711 19' Bonito Open Fishing Vessel, Reg: FL3146FG $ 1,900.00
Total Project Cost: $9,650.00
Grantee Share (0%): — $ N/A
Amount for Reimbursement: $9,650.00
I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that
the matching funds, in-kind or cash, were utilized toward the project in this Agreement.
Signed: Date:
Project Manager
Page 1
FWC Contract No.FWC20181 Attachment G
FLORIDA DERELICT VESSEL REMOVAL GRANT PROGRAM
PROJECT PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284.
FWC Contract# 20181 Reporting Period(Month/Year):
(Due 15 days after the end of each month)
Grantee: Monroe County BOCC
Project Title: Monroe County Derelict Vessel Removal Project
1. Describe progress of project,including percent completed for each task in the Scope of Work:
2. Is project currently on schedule for completion by Phase I due date? YES ❑ NO ❑
Anticipated Phase I completion date:
(If project is not on schedule,please explain any problems encountered and/or possible delays)
3. Reporting requirements: (Check all that have been submitted to date)
❑ Bid package
❑ Bid tabulation
❑ Progress photographs
❑ Final photographs
❑ Draft acknowledgement
Project Manager Date
Print Name Phone
Page 1 of 1
FWC Contract No. FWC-20181 Attachment H
FLORIDA FISH AND WILDLIFE
#414 j }
t4, CONSERVATION COMMISSION
�s t FWC Derelict Vessel Removal Grant Program
CERTIFICATION OF COMPLETION STATEMENT
I, Celia Hitchins,
Representing Monroe County BOCC, do hereby certify that the FWC Derelict Vessel Removal
Grant Program project funded by FWC Contract No.20181, has been completed in compliance
with all terms and conditions of said Agreement; that all amounts payable for materials, labor
and other charges against the project have been paid; and that no liens have been attached against
the project.
(Signature) (Date)
WARNING:"Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in
the performance of his or her official duty shall be guilty of a misdemeanor of the second degree,punishable as
provided in s. 775.082 or s. 775.083." § 837.06,Florida Statutes.
CERTIFICATE BY COMMISSION
I certify: That, to the best of my knowledge and belief, the work on the above-named
project has been satisfactorily completed under the terms of the Agreement.
Division:
By: Date:
Name:
Title: