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03/31/2021 Agreement FWC Agreement No. 20314 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT No.20314 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).: 20314 State Award Year(s): 2020-2021 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 20314; and, WHEREAS,such benefits are for the ultimate good of the State of Florida,its resources,wildlife, and public welfare. NOW THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: 1. PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations,as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof(hereafter, Scope of Work). The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result of Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee's response is hereby incorporated by reference. GRANT- GOVERNMENTAL ENTITY June 2019 Page 1 of 20 FWC Agreement No. 20314 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 eight (8)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 07/23/2021,. 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, pre-award costs are not eligible for reimbursement. If necessary,by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. 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$28,839.00. 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(1)(d), F.S., the Commission may only reimburse the Grantee for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). GRANT- GOVERNMENTAL ENTITY June 2019 Page 2 of 20 FWC Agreement No. 20314 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(1),F.S.,will be due and payable in addition to the invoice amount. Invoices returned to a Grantee due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. 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: https://www.myflondacfo.com/Division/AA/Vendors/default.htm GRANT- GOVERNMENTAL ENTITY June 2019 Page 3 of 20 FWC Agreement No. 20314 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(1)(e) &(f), F.S., the Grantee shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Grantee by the Commission. In the event 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(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager and made payable to the "The Florida Fish and Wildlife Conservation Commission". B. Additional Costs or Monetary Loss Resulting from Grantee Non-Compliance. If the Grantee's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement or any other agreement between Grantee and the Commission. In the event 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. GRANT- GOVERNMENTAL ENTITY June 2019 Page 4 of 20 FWC Agreement No. 20314 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(1)(a) &(b), F.S., Attachment A, Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be GRANT- GOVERNMENTAL ENTITY June 2019 Page 5 of 20 FWC Agreement No. 20314 received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Grantee fails to produce each deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable will be deducted from the Grantee's payment. In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences,identified in the Scope of Work. 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 Senior Administrator,Marine Resources Office 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. A. Intellectual and Other Intangible Property. GRANT- GOVERNMENTAL ENTITY June 2019 Page 6 of 20 FWC Agreement No. 20314 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 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). GRANT- GOVERNMENTAL ENTITY June 2019 Page 7 of 20 FWC Agreement No. 20314 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 another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. GRANT- GOVERNMENTAL ENTITY June 2019 Page 8 of 20 FWC Agreement No. 20314 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 venture, 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. 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, GRANT- GOVERNMENTAL ENTITY June 2019 Page 9 of 20 FWC Agreement No. 20314 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 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 GRANT- GOVERNMENTAL ENTITY June 2019 Page 10 of 20 FWC Agreement No. 20314 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. All records in conjunction with this Grant shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This 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. C. 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 GRANT- GOVERNMENTAL ENTITY June 2019 Page 11 of 20 FWC Agreement No. 20314 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 GRANT- GOVERNMENTAL ENTITY June 2019 Page 12 of 20 FWC Agreement No. 20314 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 that 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 GRANT- GOVERNMENTAL ENTITY June 2019 Page 13 of 20 FWC Agreement No. 20314 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 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms GRANT- GOVERNMENTAL ENTITY June 2019 Page 14 of 20 FWC Agreement No. 20314 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). 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. GRANT- GOVERNMENTAL ENTITY June 2019 Page 15 of 20 FWC Agreement No. 20314 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 htip://www.pride-entep2rises.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(1) and(2), F.S.; and for purposes of this contract,the person,firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit 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 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 GRANT- GOVERNMENTAL ENTITY June 2019 Page 16 of 20 FWC Agreement No. 20314 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. 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. GRANT- GOVERNMENTAL ENTITY June 2019 Page 17 of 20 FWC Agreement No. 20314 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). i. Requirement to Use E-Verify. Section 448.095(2) Florida Statute requires the Contractor to: 1.) utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Purchase Order term; and 2.)include in all subcontracts under this Purchase Order, the requirement that subcontractors performing work or providing services pursuant to this Purchase Order utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. ii. 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. The Department of Homeland Security's E- Verify system can be found online at https://www.e-verify. ov. in. Enrollment in E-Verify.As a condition precedent to entering a Purchase Order with the Commission, Contractors and Subcontractors shall register with and use the E-Verify system. Failure to do so shall result in the Purchase Order not being issued, or if discovered after issuance, termination of the Purchase Order. iv. E-Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Contractor's enrollment in the program. This includes maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E-Verify Program. If a contractor enters into a contract with a subcontractor,the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. V. Employment Eligibility Verification & Compliance. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Purchase Order and the Commission may treat a failure to comply as a material breach of the agreement. If the Commission terminates the Purchase Order pursuant to Section 448.095(2)(c) Florida Statute, the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated and the Contractor is liable for any additional costs incurred by The Commission as a result of the termination of this Purchase Order. GRANT- GOVERNMENTAL ENTITY June 2019 Page 18 of 20 FWC Agreement No. 20314 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 the Grantee believes is excusable under this paragraph, Grantee shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within 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; this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the solicitation. GRANT- GOVERNMENTAL ENTITY June 2019 Page 19 of 20 FWC Agreement No. 20314 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 EasonDigilGreggGreason Datea2'0210401signedb15:37ggE0400' Signature Executive Director(or designee) Name: Roman Gastesi Name: Title: County Administrator Title: Date: March 31, 2021 Date: UONDOE COUNTY Approved as to form and legality: 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 I 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 Attachment I Required Documents Submission List Attachment J DV Grant Monitoring Guidelines GRANT- GOVERNMENTAL ENTITY June 2019 Page 20 of 20 Attachment A—SCOPE OF WORK Project Name: Monroe County Derelict Vessel Removal FWC Contract No. 20314 Project 1. PROJECT DESCRIPTION A. Purpose: The purpose of this project is to remove and dispose of two 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 2 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. FWSB 190FFO 14699 Description: 41' Morgan Marine Sailboat; White/Black in Color HIN: MRY21089M78F Location: 24 47.13402 (N) 080 57.408 (W) Disposal: Landfill 2. FWSBO19OFF016221 Description: 40' Mainship Cabin Cruiser; White in Color HIN: MPC40122H788 Location: 24 46.87902 (N) 080 58.06398 (W) 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 disposition of each vessel. C. Acknowledgment by Grantee's Contractor: The Grantee shall provide to the Commission written acknowledgement from all of Grantee's contractors of receipt of a copy of this Agreement. Such acknowledgment(s) may be emailed to the DV Program Administrator, and must be received before any work begins under this Agreement. Failure to submit such acknowledgment(s) may result in delays in reimbursement of the Grantee. 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. Attachment A—SCOPE OF WORK Project Name: Monroe County Derelict Vessel Removal FWC Contract No. 20314 Project 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 July 23, 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. D. Closeout: Final receipts with required evidence of completion will be received by the Commission's Contract Manager no later than July 23,2021. 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 $28,839.00. 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 $28,839.00 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 Attachment A—SCOPE OF WORK Project Name: Monroe County Derelict Vessel Removal FWC Contract No. 20314 Project 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 (completed); • Photographs in accordance with paragraph(2)(B). The Commission case number and this Agreement's Contract number are required to be on each photo submitted.; • An itemized list of all project expenditures; • A copy of the Contract(s)between the Grantee and the Contractor(s) selected to complete the project; • If the Grantee's selected contractor uses a sub-contractor(s)in the completion of the deliverables in this Agreement,the Grantee shall submit a copy of the sub- contractor's agreement with the Grantee's selected contractor(s) to the Commission. Such agreements are required to be in place for all work performed under this Agreement by a subcontractor.; • An invoice from the Grantee's contractor(s) showing the total price for the removal and disposal of each vessel that is authorized to be removed under this Agreement. Prices on the contractor's invoice must match the price listed on the Grantee's Invoice to the Commission; • Proof of payment by the Grantee to the Grantee's contractor(s),which may be in the form of a check copy or EFT from the Grantee to the contractor(s). Amounts paid to the contractor(s)must match the amount included on the invoice to the Commission. If amounts are paid by the Grantee to the contractor(s)for services not associated with this Agreement, those service and corresponding amounts must be annotated and clearly separated in the proof of payment documentation submitted. 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 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. Attachment A—SCOPE OF WORK Project Name: Monroe County Derelict Vessel Removal FWC Contract No. 20314 Project 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. 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. Attachment A—SCOPE OF WORK Project Name: Monroe County Derelict Vessel Removal FWC Contract No. 20314 Project 13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY No additional requirements. Refer to Section 12 of the Agreement. FWC Agreement No.FWC-20314 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-20314 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-20314 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-20314 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-20314 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 $28,839.00 Total State Awards $28,839.00 Attachment B rev.6.15.15 Page 5 of 6 FWC Agreement No.FWC-20314 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. 20314 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. lg{ Attachment D Contract FWC-20314 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 longterm 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)(g) (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 manner that, to the greatest practicable extent, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, 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, or immediately after extraction, whichever option is best to prevent environmental impacts. 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 (10) 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. 10. 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 20314 1 �z Attachment E IIIIII ��t, � - . To: FWC Contract 20314, Monroe County From: Phil Horning, Contract Manager Rorida Fish RE: Return on Investment Reporting and WMfife Conservation This Memorandum is to document the Return of Investment reporting Commission language as mandated and approved by Florida's Executive Office of the Commissioners Governor, Office of Policy and Budget, in to FWC Contract 20314. Bo Rivard Chairman Panama City Robert A.Spottswood Return of Investment reporting: Vice Chairman Key West Joshua Kellam The ultimate objective is for the vessel(s) to be removed from the water at Palm Beach Gardens Gary Lester the earliest possible time to prevent additional removal costs and potential Oxford damage by interfering with navigation or the environment. Removing Gary Nicklaus Jupiter vessels at the earliest possible time reduces the cost of removing vessels at Sonya Rood a later time when they frequently sink or break apart thereby increasing St.Augustine removal costs. By eliminating these hazards from navigation, there is a Michael W.Sole Tequesta reduced chance of injury or death associated with a collision between a boater and a derelict vessel thereby reducing risk to the boater, county and Executive Staff Eric Sutton state. Executive Director Removing a greater number of derelict vessels reduces the number of Thomas H.Eason,Ph.D. Assistant Executive Director environmental incidents of pollution caused by spilled fuels and oils and Jennifer Fitzwater the leaching of caustic chemicals into the waters of the state. A reduction Chief of Staff of derelict vessel damage to sea grasses, corals, and other benthic Division of Law resources also increases value to our states natural resources and reduces Enforcement restoration costs. Derelict vessels can also be a blight on working Colonel Curtis Brown Director waterfronts, resort and residential areas. This blight can negatively affect (850)488-6251 the economy of these areas including use, sales and tourism. (850)487-0463 r�11 Managing fish and wildlife Analysis at the program's conclusion will list the number of derelict vessels resources for their long-term and/or total linear feet removed for both individual counties and the well-being and the benefit of people. statewide total. The average cost for vessels removed and the average cost per linear foot will also be included. The report will measure the 620 South Meridian Street percentage of derelict vessels removed for both counties and the entire Tallahassee, Florida 32399-1600 state based on the pre-program totals as listed in the Statewide Derelict Voice: (850)488-4676 Vessel Database. Hearing/speech-impaired: (800)955-8771 (T) (800)955-8770(V) MyFWC.com INVOICE Attachment F Billed to: Invoice No. 20314 Fish and Wildlife Conservation Commission Invoice Date: FWC Derelict Vessel Removal Grant Program FWC Contract#: FWC-20314 620 South Meridian Street Amount of Grant Award: $28,839.00 Tallahassee, Florida 32399-1600 Billing Period/Dates of Service: Remit payment to: From: Grantee: Monroe County BOCC; Celia Hitchins, Senior Administrator, Marine Resources Office (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 FWSB190FFO14699; 41' Morgan Marine Sailboat; White/Black in color $15,539.00 Vessel 2 FWSBO190FF016221; 40' Mainship Cabin Cruiser; White in color $13,300.00 Total Project Cost: $28,839.00 Grantee Share (0%): — $ N/A Amount for Reimbursement: $28,839.00 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.FWC20314 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# 20314 Reporting Period(Month/Year): (Due 15 days after the end of each month) Grantee: Monroe County/Marine Resources Office 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-20314 Attachment H FLORIDA FISH AND WILDLIFE ' tI f���4k431? t44t Ft; t} CONSERVATION COMMISSION FWC Derelict Vessel Removal Grant Program CERTIFICATION OF COMPLETION STATEMENT I, Celia Hitchins, Representing Monroe County BOCC, Marine Resources Office, do hereby certify that the FWC Derelict Vessel Removal Grant Program project funded by FWC Contract No.20314, 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: Attachment—I FWC Contract: 20314 Grantee's Required Documentation Submission List The following is a list of the documents that must be provided by the Grantee to the FWC Derelict Vessel Program Manager/Contract Manager and when each must be received by the Commission. Failure of the Grantee to provide these documents when required may subject the Grantee to delays in reimbursement and/or financial penalties. Ll Acknowledgement of Receipt of Agreement/Contract by Contractor: A copy of the Agreement/Contract between the Commission and the Grantee must be issued to the Grantee's contractor, and the Grantee shall submit acknowledgement of receipt by the contractor to the Commission DV Program Administrator. Due to the Commission before any work under the Agreement/Contract begins. See Scope of Work (Attachment—A), Paragraph (2)(C). Ll Grantee's written proof of Liability Insurance (or self-insurance): Due to the Commission within 15 days of Agreement/Contract Execution. See Agreement/Contract, Paragraph 16;Scope of Work(Attachment A), Paragraph (4)(F). Ll Grantee's written verification of being registered with E-Verify: Due to the Commission within 15 days of Agreement/Contract Execution. See Agreement/Contract, Paragraph 33;Scope of Work(Attachment A), Paragraph (4)(E). Ll Contractor's and subcontractors'written verification of being registered with E-Verify: Due to the Commission within 15 days of Agreement/Contract Execution.See Agreement/Contract, Paragraph 33;; Scope of Work(Attachment A), Paragraph (4)(E). Ll Monthly Proiect Progress Report: Due to the Commission on the 15`—"day of each month the Agreement/Contract remains active.See Scope of Work(Attachment—A), Paragraph (6)(c). Ll Grantee's Invoice for Payment: Grantee must submit an Invoice (Attachment F) to the Commission for reimbursement. Due to the Commission when all Agreement/Contract tasks and deliverables have been completed.See Scope of Work(Attachment—A), Paragraph (5)(d). Ll Certificate of Completion:A completed Certificate of Completion (Attachment H). Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. See Scope of Work (Attachment—A), Paragraph (5)(d). Ll Itemized List of All Proiect Expenditures: Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. See Scope of Work(Attachment—A), Paragraph (5)(d). Ll Grantee's Contract with Contractor: Grantee will submit a copy of the Contract between the Grantee and the Contractor selected to complete the project. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. See Scope of Work(Attachment—A), Paragraph (5)(d)• Ll Subcontractor Agreements: If the Grantee's selected contractor uses a sub-contractor in the completion of the deliverables in the Agreement/Contract,the Grantee shall submit a copy of the sub-contractor's agreement with the Grantee's selected contractor to the Commission. Such agreements are required to be in place for all work performed under the Agreement/Contract by a subcontractor. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. See Scope of Work (Attachment—A), Paragraph (5)(d). Ll Vessel Photos and Final Disposition Report: A final disposition report and photos of each vessel removed pursuant to the Agreement/Contract are required in accordance with paragraph (2)(B) of Attachment A, Scope of Work, of the Agreement/Contract.The Commission case number and Contract number are required to be on each photo submitted. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. See Scope of Work(Attachment—A), Paragraphs(2)(b)and (5)(d)• Ll Contractor's Invoice: An invoice from the contractor showing the total price for the removal and disposal of each vessel that is authorized to be removed under the Agreement/Contract must be submitted by the Grantee to the Commission. Prices on the contractor's invoice must match the price listed on the Grantee's Invoice to the Commission (Attachment F). Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. See Scope of Work(Attachment—A), Paragraph (5)(d). Ll Proof of Payment to Contractor from Grantee: Proof of payment by the Grantee to the contractor(s) may be in the form of a check copy or EFT from the Grantee to the contractor(s). Amounts paid to the contractor(s) must match the amount included on the invoice to the Commission (Attachment F). If amounts are paid by the Grantee to the contractor(s) for services not associated with the Agreement/Contract, those service and corresponding amounts must be annotated and clearly separated in the proof of payment documentation submitted. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. See Scope of Work(Attachment—A), Paragraph (5)(d)• FWC Agreement#: 20314 Attachment J Derelict Vessel Program Grant Monitoring Guidelines The Florida Fish and Wildlife Conservation Commission(Commission)has established and been appropriated funding by the Florida Legislature, to assist local governments in the costs related to removing derelict vessels from the waters of the state. The Commission derelict vessel program has a responsibility to track and monitor the status of grant activity and projects initiated by local governments under contract with the Commission to ensure compliance with applicable written grant guidelines and statutory regulations. The monitoring process is designed to assess a Grantee's compliance with applicable agency, state, and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities—financial and programmatic monitoring. • Financial monitoring is the review of records associated with the invoiced costs of derelict vessel removal projects and contracts. • Programmatic monitoring is the observation of project timelines,best management practices, and verified project completion records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects and financial activity and provision of technical assistance between the Commission and the applicant via e-mail and telephone or other electronic means. On-site monitoring involves visits to the Grantee agencies or project work sites by Commission representatives who examine records,procedures and project activity. No Conflict of Interest: Grant Managers shall complete a Conflict of Interest Certification form at the time they are assigned/assume responsibility for an agreement. If a conflict exists, the grant manager shall notify their immediate supervisor at the earliest opportunity. The supervisor is responsible to reassign the Agreement or coordinate with leadership and/or Commission legal advisors to determine the appropriate resolution. A completed Conflict of Interest Certification form will be included and entered into each derelict vessel grant removal agreement. Frequency of monitoringak The Commission's derelict vessel program will conduct monitoring during the period that a grant project is active. Once the project has been completed and verified as such, and reimbursement has been issued to the Grantee based on the written agreement,the relationship with the Grantee has ended until and unless a subsequent application for a grant is received again for that Grantee. Those applicants who have had documented contract violations for past failures to perform without successful resolution with the Commission, may be subject to denial of further opportunities to be considered for a grant. Areas that may be reviewed include,but are not limited to: Management and administrative procedures; Grant folder maintenance; Accounting system; Anticipated projected completion (adhering to Agreement timelines for project completion); Difficulties encountered in completing projects; FWC Agreement#: 20314 Attachment J Equal Employment Opportunity(EEO Status); Americans with Disabilities Act(ADA Status); Procurement policy; Procurement documents; and Contractor and subcontractor agreements,if applicable. The Commission may request additional monitoring/information if the activity, or lack thereof, generates questions from Commission leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Grantees will be required to participate in desk monitoring as determined by the Commission. This contact will provide an opportunity to identify the need for additional assistance and determines what a Grantee needs to complete the project in a timely manner in accordance with their Agreement. An attachment(Attachment 1),will be included with each Agreement detailing documents required to be submitted by the Grantee and when those documents are due. As difficulties/deficiencies are identified,the Grantee's grant manager will be notified by Commission staff. Many of the issues that arise may be resolved by the Grantee without Commission involvement,but Commission staff can provide technical assistance. Examples of technical assistance include,but are not limited to: • Determination of eligibility of items or services for reimbursement; • Coordination and partnership with contractors and subcontractors; • Record keeping; • Providing information about reporting requirements; • Advising as to documentation necessary to support a request for reimbursement. On-site monitoring will be conducted by Commission personnel or others appointed by the Commission. On-site monitoring visits will be scheduled in advance with the Grantee grant manager designated in the Agreement. All derelict vessel removal projects are verified by sworn law enforcement personnel prior to reimbursement by the Commission. The Commission will also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. On-Site Monitoring Protocol: On-site monitoring visits will be randomly chosen from active derelict vessel removal project grants in progress, as well as those that may be identified as having potential contract violations or as a result of a contractor's failure to follow contract specifications as required. Site visits may be combined when geographically convenient. Site Visit Preparation: An email will be sent to the Grantee grant manager outlining the date, time, and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the Grantee in writing (email is acceptable) and documented in the Grantee folder. On-Site Monitoring Visit: FWC Agreement#: 20314 Attachment J Once Commission personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items the Commission intends to examine will be identified. All objectives of the site visit will be explained at this time. Commission personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of the project site will be conducted. All project deliverables selected for review should be visually inspected whenever possible. Photographs should be taken of the project site, and any relevant activity. If a project deliverable is not available at the time of the site visit,the appropriate documentation must be provided to account for the project progress. Other programmatic issues can be discussed at this time such as missing quarterly project progress reports,payment/voucher/reimbursement, etc. Post Monitoring Visit: Commission personnel will review the on-site monitoring documents and backup documentation as a team and discuss the events of the on-site monitoring. Within thirty(30) calendar days of the site visit, a post monitoring letter will be generated and sent to the Grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a post monitoring letter to that effect will be generated and sent to the Grantee. The Grantee will correct all deficiencies or submit a Corrective Action Plan within thirty(30) calendar days of the monitoring letter date. Grantee noncompliance will be resolved by Commission management under the terms of the Grantee Agreement. The on-site monitoring report and all backup documentation will then be included in the Grantee's file.