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Item D1 I�`� County of Monroe �y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor David Rice,District 4 �1 `_ll Mayor Pro Tem CraigCates,District 1 The Florida Keys �� `� � Michelle Coldiron,District 2 Eddie Martinez,District 3 w � Holly Merrill Raschein,District 5 County Commission Meeting December 8, 2021 Agenda Item Number: D.1 Agenda Item Summary #9951 REVISED AC IJ : Replaced Contract with revised version. BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505 no AGENDA ITEM WORDING: Approval of a Grant Agreement between the Florida Fish and Wildlife Conservation Commission and Monroe County, Providing $518,400 for a Marine Debris Cleanup Project Along Shorelines and Nearshore Waters Affected by Hurricane Irma. ITEM BACKGROUND: On September 10th, 2017, Hurricane Irma made landfall in the Florida Keys as a Category 4 storm causing significant impacts to the marine environment including the deposition of a variety of marine debris. While past efforts have been successful in removing debris from high impact areas, scattered debris remains along various shorelines and in nearshore waters throughout the Keys waters of Monroe County. To support the recovery of impacted marine environments and associated fisheries, the National Oceanic and Atmospheric Administration ("NOAA") Fisheries Services allocated $44,608,039 to the State of Florida. The Florida Fish and Wildlife Conservation Commission ("FWC") developed a Hurricane Irma Fishery Disaster Funding Proposal, including allocation of$1.3 million for marine debris cleanup with a focus on fisheries-related debris. FWC selected Monroe County ("BOCC", "Board", or"County") as a sub-recipient of this funding to conduct this cleanup, and the BOCC approved a grant agreement with FWC on December 9, 2020. On March 17, 2021, the Board selected Adventure Environmental, Inc. ("AEP') for performance of the authorized work under a Request for Proposals ("RFP") in partnership with the Florida Keys Commercial Fishermen's Association ("FKCFA") who provided local commercial fishermen for the retrieval and collection of the debris. Cleanup activities conducted throughout the Lower Keys between May and June of this year resulted in the removal of over 31 tons of debris for a total project cost of$1,299,665.14. At the conclusion of the work, four(4) sites were identified with a high to moderate density of debris that could not be cleaned up due to a lack of project funding. These sites include the eastern shorelines of Sugarloaf Key and Big Pine Key, as well as the Lower Keys backcountry islands of Water Key and Little Spanish Key. In September, FWC contacted the Monroe County Planning and Environmental Resources Department's ("Department")Marine Resources Office professional staff regarding additional Irma-related project funding that may be available. FWC has agreed to provide an additional $518,400 in grant funding to complete cleanup activities at three (3) of the four(4) sites identified above. The primary focus will be on the retrieval of commercial trap gear, particularly entangled trap rope, as well as other man-made debris identified by the project. The performance of the cleanup activities must be completed no later than January 30, 2022. Due to this aggressive spending deadline, the Department's Marine Resources Office professional staff are requesting under a separate agenda item that the BOCC dispense with otherwise standard bidding/procurement requirements and to contract directly for services with AEI as authorized under Monroe County Code of Ordinances § 2-347(k)(1)(d.) due to the substantial risk that the funding source will be lost due to the time required to competitively award bids after the funds become available which would exceed the time within which the funding source must be spent. This separate item also includes approval of a new contract with AEI who has been qualified under the previous RFP process for identical work conducted under the previous project. As previously, AEI has committed to another partnership with FKCFA utilizing local commercial fishermen to perform the work. No match is required by the County for this funding. The Marine Resources Office's professional staff requests approval by the Board to accept this grant funding from FWC. PREVIOUS RELEVANT BOCC ACTION: November 2020 - Approval to Advertise RFP December 2020- Approval of Grant Agreement with FWC March 2021 - RFP Ranking Approval and Contract with AEI CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: Contract f revised Attachment A - Scope of Work Attachment B - Audit Requirements Attachment C - Cost Reimb Requirements Attachment D - Cert of Completion FINANCIAL IMPACT: Effective Date: upon execution by FWC Expiration Date: January 30, 2022 Total Dollar Value of Contract: $518,400 Total Cost to County: n/a Current Year Portion: n/a Budgeted: n/a Source of Funds: Grant CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: no If yes, amount: Grant: yes County Match: no Insurance Required: yes, self-insured statement Additional Details: n/a REVIEWED BY: Michael Roberts Completed 11/16/2021 8:57 AM Emily Schemper Completed 11/22/2021 8:38 AM Peter Morris Completed 11/23/2021 2:24 PM Purchasing Completed 11/23/2021 2:26 PM Budget and Finance Completed 11/23/2021 3:21 PM Maria Slavik Completed 11/23/2021 4:07 PM Liz Yongue Completed 11/23/2021 4:37 PM Board of County Commissioners Pending 12/08/2021 9:00 AM FWC Contract No. FWC-21194 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION CONTRACT No.FWC-21194 The FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION,whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and Monroe County Board of County Commissioner, FEID 4 59-6000749, whose address is 500 Whitehead Street, Key West, FL 33040,hereinafter"Contractor", collectively, "Parties". INTRODUCTORY CLAUSES The Commission and Contractor intend to partner together to conduct marine debris removal in sensitive mangrove areas in the Florida Keys damaged by Hurricane Irma; The Commission has awarded this Contract FWC-21194 pursuant to the requirements of Sections 287.057, Florida Statutes; and Such benefits are for the ultimate good of the State of Florida,its resources,wildlife, and public welfare. TERMS OF THE CONTRACT The Commission and the Contractor, for the considerations stated in this Contract, agree as follows: 1. PROJECT DESCRIPTION. The Contractor shall provide the services and products, and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof(hereafter, Scope of Work). The Scope of Work, Attachment A specifically identifies 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 Contract was competitively procured, the Contractor's response to the Commission's solicitation is hereby incorporated by reference. 2. PERFORMANCE. A. Contractor Performance. The Contractor shall perform the activities described in the Scope of Work, Attachment A in a proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, Attachment A, any and all equipment, products or materials necessary or appropriate to perform under this Contract shall be supplied by the Contractor. Contractor shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Contractor shall be licensed as necessary to perform under this Contract as may be required by law,rule, or regulation; the Contractor shall provide evidence of such compliance to the Commission upon request. The Contractor shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Contract. By acceptance of this Contract, the Contractor warrants that it has the capability, integrity and reliability to assure good-faith performance. Contractor shall immediately notify the Commission's Contract Manager in writing if its ability to perform under the Contract is compromised in any manner during Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 1 of 21 FWC Contract No. FWC-21194 the term of the Contract. The Commission shall take appropriate action,including potential termination of this Contract pursuant to paragraph ten (10) Remedies,below, in the event the Contractor's ability to perform under this Contract becomes compromised. B. Contractor Responsibilities. The Contractor agrees that all Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Commission. The Commission may conduct, and Contractor shall cooperate in, a security background check or otherwise assess any employee,subcontractor,or agent furnished by Contractor for this scope of work (on this project). The Commission in coordination with the Contractor may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non- compliance with the Commission's security or other requirements. Such refusal shall not relieve Contractor of its obligation to perform all work in compliance with the Contract. The Commission may reject and bar from any facility for cause any of Contractor's employees, subcontractors, or agents. C. Commission Rights to Assign or Transfer. Contractor agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Contract to another governmental agency in the State of Florida,upon giving prior written notice to Contractor. 3. CONTRACT PERIOD. A. Contract Period and Limited Obligation Period. This Contract shall begin upon execution by both Parties or 12/01/2021 (whichever is later)and end 01/30/2022,inclusive. The Commission shall not be obligated to pay for costs related to this Contract prior to its beginning date or after its ending date. B. Renewal — Competitive Procurement. If this Contract was competitively procured pursuant to Section 287.057, Florida Statutes, the renewal price(s) must be set forth in the Contractor's response to the Commission's bid document. The renewal price(s) for this Contract are included in the Scope of Work, Attachment A. If applicable,renewal of this Contract shall be subject to the availability of funds, satisfactory performance evaluations by the Commission, and at the discretion of the Commission;it must also be in writing and subject to the same terms and conditions of this Contract. Renewal amendments must be executed prior to the end date of the Contract. Any costs associated with a renewal may not be passed onto the Commission. C. Renewal — Exceptional Purchase. If this Contract was procured by an exceptional purchase pursuant to Subsections 287.057(3)(a) or (3)(c), Florida Statutes (F.S.), it may not be renewed. Subsection 287.057(13), F.S.,provides that contracts for commodities or contractual services may be renewed for up to three (3) years, or for a total term not to exceed the original Contract period, whichever is longer. If applicable, renewal of this Contract shall be subject to the availability of funds, satisfactory performance evaluations by the Commission, and at the discretion of the Commission;it must also be in writing and subject to the same terms and conditions of this Contract. Renewal amendments must be Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 2 of 21 FWC Contract No. FWC-21194 executed prior to the end date of the Contract. Any costs associated with a renewal may not be passed onto the Commission. D. Renewal Period. This Contract may not be renewed. E. Extension. If this is a Contract for contractual services, any extension of this contract as provided for in the Scope of Work, Attachment A shall be in writing for a period not to exceed six(6)months and shall be subject to the same terms and conditions set forth in the initial Contract. There shall be only one extension of this Contract unless the failure to meet the criteria set forth in the Contract for completion of the Contract is due to events beyond the control of the Contractor. 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Contractor under the terms of this Contract, the Commission shall pay the Contractor on a cost reimbursement basis in an amount not to exceed$518,400.00 B. Payments. The Commission shall pay the Contractor for satisfactory performance of the tasks identified in the Scope of Work, Attachment A, 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 Contract Manager, identified in paragraph eleven (11), below. Unless otherwise specified in the Scope of Work, Attachment A, invoices shall be due monthly, commencing from the start date of this Contract. Invoices must be legible and must clearly reflect the goods or services that were provided in accordance with the terms of the Contract for the invoice period. Unless otherwise specified in the Scope of Work, Attachment A, a final invoice shall be submitted to the Commission no later than forty-five(45)days following the expiration date of this Contract to assure the availability of funds for payment.Costs under this Contract must be obligated, and all work completed by the Contractor by the end of the Contract period identified in paragraph three (3). C. Invoices. Each invoice shall include the Commission Contract Number and the Contractor's Federal Employer Identification (FEID)Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Contract Manager identified in Paragraph eleven(11)below. If submitting hard copies,an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Contractor acknowledges that the Commission's Contract Manager shall reject invoices lacking documentation necessary to Justify invoiced expenses. D. Travel Expenses.If authorized in the Scope of Work,Attachment A,travel expenses shall be reimbursed in accordance with Section 112.061, F.S. E. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. The Parties hereto understand that this Contract and any renewal thereof 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 Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 3 of 21 FWC Contract No. FWC-21194 this Contract, and as to what constitutes an "annual appropriation" of funds to complete this Contract.If such funds are not appropriated or available for the Contract purpose,such event will not constitute a default on behalf of the Commission or the State. The Commission's Contract Manager shall notify Contractor in writing at the earliest possible time if funds are not appropriated or available. F. Non-Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that under non-competitive procurements, a Contractor may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, the Contractor warrants,by execution of this Contract, that the amount of non-competitive compensation provided in this Contract is in compliance with Section 216.3475,F.S. G. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., governing time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the Scope of Work, Attachment A, specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the goods or services are received,inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. H. Electronic Funds Transfer. The Contractor agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Contract.Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: htMs://www.mvfloridacfo.com/Division/AANendors/default.htm 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. I. Vendor Ombudsman.A Vendor Ombudsman,whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-2762. 5. MYFLORIDAMARKETPLACE VENDOR REGISTRATION AND TRANSACTION FEE. A. MyFloridaMarketPlace. In accordance with Rule 60A-1.033 of the Florida Administrative Code (F.A.C.), each vendor doing business with the State for the sale of commodities or contractual services as defined in Section 287.012, F.S., shall register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033(3), F.A.C. Information about the registration process is available, and registration may be completed, at the MyFloridaMarketPlace website (link under Business on the State portal at www.myflorida.com). Interested persons lacking Internet access may request assistance Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 4 of 21 FWC Contract No. FWC-21194 from the MyFloridaMarketPlace Customer Service at (866-352-3776) or from State Purchasing, 4050 Esplanade Way, Suite 300, Tallahassee, Florida 32399. B. Transaction Fee. Pursuant to Section 287.057(22), F.S., all payments, unless exempt under Rule 60A-1.033(3), F.A.C., shall be assessed a Transaction Fee, which the Vendor shall pay to the State. For payments within the State accounting system (Florida Accounting Information Resource, FLAIR, or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Vendor. If automatic deduction is not possible, the Vendor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, Vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. 6. RETURN OR RECOUPMENT OF FUNDS. A. Overpayments to Contractor. The Contractor shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to the Contractor by the Commission. In the event that Contractor or its independent auditor discovers that overpayment has been made, Contractor shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event that the Commission first discovers an overpayment has been made,the Commission will notify the Contractor in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Contract Manager and made payable to the "The Florida Fish and Wildlife Conservation Commission." B. Additional Costs or Monetary Loss Resulting from Contractor Non-Compliance. If the Contractor's non-compliance with any provision of the Contract results in additional 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 Contractor under this Contract or any other contract between the Contractor and the Commission. In the event that the discovery of this cost or loss arises when no monies are available under this Contract or any other contract between the Contractor and the Commission,Contractor will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Contractor is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. 7. COMMISSION EXEMPT FROM TAXES,PROPERTY EXEMPT FROM LIEN. The Contractor 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 Contract. Contractor is placed on notice that this exemption generally does not apply to other parties of this agreement, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission Contract Manager. A. If the Contract involves the improvement of real property titled to the State of Florida,then the following paragraph applies. Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 5 of 21 FWC Contract No. FWC-21194 The Contractor acknowledges that property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason. The Contractor shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. 8. MONITORING. The Commission's Contract Manager shall actively monitor the Contractor's performance and compliance with the terms of this Contract. The Commission reserves the right for any Commission staff to make scheduled or unscheduled,announced or unannounced monitoring visits. Specific monitoring terms, conditions, and schedules may be included in the Scope of Work, Attachment A. 9. TERMINATION. A. Commission Termination. The Commission may unilaterally terminate this Contract for convenience by providing the Contractor with thirty (30) calendar days of written notice of its intent to terminate. The Contractor shall not be entitled to recover any cancellation charges or lost profits. The Contractor may request termination of the Contract for convenience. B. Termination—Fraud or Willful Misconduct. This Contract shall terminate immediately in the event of fraud or willful misconduct on the part of the Contractor. In the event of such termination, the Commission shall provide the Contractor with written notice of termination. C. Termination -Funds Unavailability. In the event funds to finance this Contract become unavailable or if federal or state funds upon which this Contract is dependent are withdrawn or redirected, the Commission may terminate this Contract upon no less than twenty-four (24) hours' notice in writing to the Contractor. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Contract to another program thus causing"lack of funds." In the event of termination of this Contract under this provision, the Contractor will be compensated for any work satisfactorily completed and any non-cancellable obligations properly incurred prior to notification of termination. D. Termination—Other.The Commission may terminate this Contract if the Contractor fails to: 1.) comply with all terms and conditions of this Contract;2.)produce each deliverable within the time specified by the Contract or extension;3.)maintain adequate progress,thus endangering the performance of the Contract; or,4.) abide by any statutory,regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and 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 Contract. Contractor shall not be entitled to recover any cancellation charges or lost profits. E. Contractor Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination,the Contractor shall,unless the notice directs otherwise,immediately discontinue all activities authorized hereunder. Upon termination of this Contract, the Contractor shall promptly render to the Commission all property belonging to the 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. Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 6 of 21 FWC Contract No. FWC-21194 10. REMEDIES. A. Financial Consequences. In accordance with Section 287.058(1)(h), F.S., the Scope of Work, Attachment A contains clearly defined deliverables. If the Contractor fails to produce each deliverable within the time frame specified by the Scope of Work, Attachment A the budget amount allocated for that deliverable will be deducted from the Contractor's payment. The Commission shall apply any additional financial consequences identified in the Scope of Work, Attachment A. 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 Contract. 11. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that any Parry designates a different Contract Manager after the execution of this Contract, the Parry will provide written notice of the name,address,zip code,telephone and fax numbers,and email address of the newest Contract Manager or individual authorized to receive notice on behalf of that Parry to all other Parties as soon as possible, but not later than five (5) business days after the new Contract Manager has been named. A designation of a new Contract Manager shall not require a formal amendment to the Contract. FOR THE COMMISSION: FOR THE CONTRACTOR: Contract Manager Contract Manager Devin Resko Celia Hitchins Government Operations Consultant III Senior Administrator Division of Marine Fisheries Management Monroe County 1875 Orange Ave East 2798 Overseas Hwy, Ste 400 Tallahassee, FL 32311 Marathon, FL 33050 850-404-5089 305-289-2505 Devin.Resko@MyFWC.com Hitchins-Celia@MonroeCounry-FL.gov 12. AMENDMENT. A. Waiver or Modification.No waiver or modification of this Contract or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by both Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Contract. 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 Contractor'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 Regulations.The Parties agree to renegotiate this Contract if federal and/or state revisions of any applicable laws or regulations make changes in the Contract necessary. Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 7 of 21 FWC Contract No. FWC-21194 13. PROPERTY RIGHTS. A. Intellectual and Other Intangible Property. i. Contractor's Pre-existing Intellectual Property (Proprietary) Rights. Unless specifically addressed otherwise in the Scope of Work, Attachment A, intellectual and other intangible property rights to the Contractor's pre-existing property will remain with the Contractor. 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 Contractor under this Contract for the Commission shall be handled in the manner specified by applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Contract produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty-free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Contract is supported by federal funds, the federal awarding agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property. This agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. i. Title. If this Contract is supported by state funds, the Contractor shall comply with Section 287.05805, F.S. This section requires the Contractor 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. ii. Use. State-owned real property will be used as provided in Attachment A, Scope of Work. C. Non-Expendable Property. i. Non-Expendable Property Defined. For the requirements of this section of the Contract, "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 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). Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 8 of 21 FWC Contract No. FWC-21194 ii. Title to Non-Expendable Property. Title (ownership) to all non-expendable property acquired with funds from this Contract shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Contract unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A, Scope of Work. 14. RELATIONSHIP OF THE PARTIES. A. Independent Contractor. The Contractor shall perform as an independent contractor and not as an agent,representative,or employee of the Commission. The Contractor covenants 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 Contractor and the Commission. B. Contractor Training Qualifications. The Contractor agrees that all Contractor employees,subcontractors,or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The Commission may refuse access to,or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The Commission in coordination with the Contractor may reject and bar from any facility for cause any of Contractor's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer.The Contractor agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties,or obligations under this Contract to another governmental agency in the State of Florida,upon giving prior written notice to the Contractor. E. Commission Rights to Undertake or Award Supplemental Contracts. The Contractor agrees that the Commission may undertake or award supplemental contracts for work related to the Contract. The Contractor and its subcontractors shall cooperate with such other contractors and the Commission in all such cases. 15. SUBCONTRACTS. A. Authority. Contractor is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. The Contractor shall ensure, and provide assurances to the Commission upon request, that any subcontractor selected for work under this Contract has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Contract. The Contractor must provide the Commission with the names of any subcontractor considered for work under this Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 9 of 21 FWC Contract No. FWC-21194 Contract; the Commission in coordination with the Contractor reserves the right to reject any subcontractor. The Contractor agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Contractor 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 Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. Contactor Payment to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, the Contractor agrees to make payments to the subcontractor upon completion of work and submitted invoice in accordance with the contract between the Contractor and subcontractor. Failure to make payment pursuant to any subcontract will result in a penalty charged against the Contractor and paid to the subcontractor in the amount of one-half of one percent(0.50%) of the amount due per day from the expiration 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 the Contractor shall retain the right to reject any of the Contractor's or subcontractor's employees whose qualifications or performance, in the Commission's Judgment, are insufficient. D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above, the Contractor agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,joint venturer,or partner of the State of Florida. 16. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Contract includes State funding; and by Federal law, as indicated. A. Disclosure of Interested State Employees. This Contract is subject to Chapter 112, F.S. Contractors shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. B. Convicted Vendors. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor,has been convicted of a Public Entity Crime as defined in section 287.133, F.S.,nor placed on the convicted vendor list. Contractor shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to 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 Contractor, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S.,for Category Two for a period of thirty-six(36)months from Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 10 of 21 FWC Contract No. FWC-31194 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: ht!p://www.dms.myflon*da.com/business operations/state purchasing/vendor infor mation/convicted suspended discriminatoLy complaints vendor lists ii Notice of Conviction of Public Entity Crime. Any person most notify the Department of Management Services and the Commission, in writing, xithinUhirk/ 80) days after ommidjon of public entity odmc applicable to that person or on offiUateof that person oa defined in Section 287.|33,P.S. iii' Vendors on Scrutinized Companies List. Scrutinized Companies. Contractor ocrdfica that itand any ofits otfi|iotca are not scrutinized companies as identified in Section 287.|35, P.S. In addition, Contractor agrees to observe the requirements of Section 287.135,F.S.,for applicable sub-agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, P.S., the Commission may immediately terminate this Agreement for cause if the Contractor, its affiliates, or its subcontractors are found to have anbodUzd o false ocrdfioodon; or if the Contractor,its otfi|iatza,or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibitedcontracting activity during the term ofthe Agreement. As provided in Subsection 287.135(8), P.S., if federal |mv ocoaca to authorize these contracting prohibitions then they shall become inoperative. C. Discriminatory Vendors. Contractor shall disclose to the Commission,in writing,ifthey, their contractor,or subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.|34(3)(d), F.B. "An entity oroffi|iotc who has been placed on the discriminatory vendor list may not submit o bid, proposal, or reply on o contract to provide any goods or acrvioca to oonb|io entity; may not submit o bid, proposal, or reply on o contract with o onb|io entity for the oonaUoodon or repair ofopublic building or onb|io work; may not submit bids,proposals, or replies on leases of real property too public entity;may not bc awarded or perform xnck as o contractor, supplier, subcontractor, or consultant under o contract with any public entity; and may not transact business with any public e i " Section287.|34(2)(u), F.B. Contractor has ocontinuing duty to disclose to the Commission whether they appear onthe discriminatory vendor list. D. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Contract,the Contractor has a continuing duty to promptly disclose to the Commission's Contract Manager, in writing,upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings)relating tooraffecting the Contractor's ability to perform under this contract. If the existence of such Proceeding causes the Commission concern that the Contractor's ability or vvU|ingncaa to perform the Contract is jeopardized, the Contractor may be required to Ixovkic the Cozuodaakon with reasonable oaanranoca to dcouonatro1c that: o] The Contractor will be ob|c to perform the Contract in 0000nionoc with its terms and conditions; and, b] The Contractor and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. Vendor Contract' GOVERNMENTAL ENTITY \/cr. September 2020 Page 11of21 FWC Contract No. FWC-21194 17. INSURANCE. The Contractor warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state law and that such insurance or self-insurance offers protection applicable to the Contractor's officers, employees, servants and agents while acting within the scope of their employment with the Contractor. 18. SPONSORSHIP. As required by Section 286.25, F.S., if the Contractor is a nongovernmental organization which sponsors a program financed wholly or in part by state funds,including any funds obtained through this Contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (the Contractor's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Contractor's organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work. 19. PUBLIC RECORDS. A. All records in conjunction with this Contract shall be public records and shall be treated in the same manner as other public records that are under Chapter 119,F.S. B. This Contract may be unilaterally canceled by the Commission for refusal by the Contractor to allow public access to all documents,papers, letters,or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract, unless exemption for such records is allowable under Florida law. C. If the Contractor meets the definition of"Contractor" in Section 119.0701(1)(a) F.S.,the Contractor shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC 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. 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. Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 12 of 21 FWC Contract No. FWC-21194 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. 20. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement.The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 21. SECURITY AND CONFIDENTIALITY. The Contractor shall not divulge to third Parties any clearly marked confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work. To ensure confidentiality, the Contractor shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 22. RECORD KEEPING REQUIREMENTS. A. Contractor Responsibilities. The Contractor 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 Contract, in accordance with generally accepted accounting principles. B. State Access to Contractor Books, Documents, Papers, and Records. The Contractor shall allow the Commission,the Chief Financial Officer of the State of Florida,the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 13 of 21 FWC Contract No. FWC-21194 Government Accountability or authorized representatives of the state or federal government to have access to any of Contractor's books, documents,papers, and records, including electronic storage media, as they may relate to this Contract, for the purposes of conducting audits or examinations or making excerpts or transcriptions. C. Contractor Records Retention. Unless otherwise specified in the Scope of Work, these records shall be maintained for five (5)fiscal years following the close of this Contract, or the period required for this particular type of project by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflonda.com/library-archive s/records-management/general-re cords- schedules/), whichever is longer. Contractor shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Contractor Responsibility to Include Records Requirements— Subcontractors.In the event any work is subcontracted under this Contract, The Contractor shall include the aforementioned audit and record keeping requirements in all subcontract agreements. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Contract must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending.gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010 are subject to the FFATA. Contractor agrees to provide the information necessary, over the life of this Contract, for the Commission to comply with this requirement 23. FEDERAL COMPLIANCE. As applicable, Contractor shall comply with all federal laws, rules, and regulations, including but not limited to: A. 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). B. 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. C. Magnuson-Stevens Fishery Conservation and Management Act,16 U.S.C.1801-1884. This Act governs marine fisheries in Federal waters. D, 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 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. Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 14 of 21 FWC Contract No. FWC-21194 E. 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.This Contract relies on federal funds,therefore,the following terms and conditions apply: A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Contractor is not authorized to expend any federal funds under 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 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 Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 15 of 21 FWC Contract No. FWC-21194 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 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 Contractor 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 Contractor 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. Contractor Certification—Payments to Influence. The Contractor certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding,renewal, amending or modifying of any Federal contract,grant,or cooperative agreement. The Contractor also certifies that they have not engaged any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the Contractor with respect to this Contract and its related federal contract, grant, loan, or cooperative agreement; or, if the Contractor has engaged any registrant with respect to this Contract and its related Federal contract, grant, loan,or cooperative agreement,the Contractor shall,prior to or upon execution of this Contract, provide the Commission Contract Manager a signed declaration listing the name of any said registrant. During the term of this Contract, and at the end of each Calendar quarter in which any event occurs that materially affects the accuracy of this certification or declaration, the Contractor shall file an updated declaration with the Commission's Contract Manager. If any non-federal funds are used for lobbying activities as described above in connection with this Contract, the Contractor shall submit Standard Form-LLL,"Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The Contractor shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. ii. Contractor — Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995, the Contractor agrees to refrain from entering into any subcontracts under this Contract with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 16 of 21 FWC Contract No. FWC-21194 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, Contractor 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 Contractor attests and certifies that the contractor will provide a drug-free workplace compliant with 41 U.S.C. 81. 25. CONTRACT-RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Contract is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises,Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2),F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at htlp://www.pride-enterprises.org. B. Respect of Florida.In accordance with Subsection 413.036(3),F.S.,if aproduct 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. Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 17 of 21 FWC Contract No. FWC-21194 C. Procurement of Recycled Products or Materials. The Contractor 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. INDEMNIFICATION. If Contractor is a state agency or subdivision, as defined in Subsection 768.28(2), F.S.,pursuant to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. If Contractor is not a state agency or subdivision as defined above, the Contractor shall be fully liable for the actions of its agents, employees,partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description,including attorneys' fees,arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by the Contractor, its agents, employees,partners,or subcontractors,provided,however, that the Contractor 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. However, nothing contained herein shall constitute a waiver by the Commission of its sovereign immunity or the provisions of Section 768.28,Florida Statutes. 27. 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 Contract. 28. SEVERABILITY, CHOICE OF LAW,AND CHOICE OF VENUE. This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner as to be effective and valid under applicable law,but if any provision of this Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. 29. NO THIRD-PARTY RIGHTS. The Parties hereto do not intend,nor shall this Contract be construed to grant any rights,privileges or interest to any person not a party to this Contract. 30. JURY TRIAL WAIVER. As part of the consideration for this Contract, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Contract,or with the products or services provided under this Contract, including but not limited to any claim by the Contractor of quantum meruit. 31. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Contractor of unauthorized aliens a violation of Section 274A(e) of the Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 18 of 21 FWC Contract No. FWC-21194 Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Contract if the Contractor knowingly employs unauthorized aliens. 32. EMPLOYMENT ELIGIBILITY VERIFICATION(E-VERIFY). A. 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. B. E-Verify Online. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. The Department of Homeland Security's E-Verify system can be found online at ht!ps://www.e-ven*fy.gov. C. 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. D. E-Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Contractor's 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. E. 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. 33. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Contract if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 19 of 21 FWC Contract No. FWC-21194 subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Parry shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either Parry. In the case of any delay the Contractor believes is excusable under this paragraph, Contractor shall notify the Commission's Contract Manager in writing of the delay or potential delay and describe the cause of the delay either: (1)within ten(10)calendar days after the cause that creates or will create the delay first arose,if Contractor could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result,if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR'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 the Contractor of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, 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, the Contractor shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the Commission or the State,in which case,the Commission terminate the Contract in whole or in part. 34. ENTIRE CONTRACT. This Contract with all incorporated attachments and exhibits represents the entire Contract of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; this contract and its attachments, the terms of the solicitation and the contractor's response to the solicitation. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 20 of 21 FWC Contract No. FWC-21194 IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed through their duly authorized signatories on the day and year last written below. MONROE COUNTY BOARD OF COUNTY FLORIDA FISH AND WILDLIFE COMMISSIONERS CONSERVATION COMMISSION Signature Executive Director(or designee) Name: Name: Title: Title: Date: Date: Approved as to form and legality by: /s/ Quilla Miralia Commission Attorney Attachments in this Agreement include the following: Attachment A Scope of Work Attachment B Audit Requirements for Awards of State and Federal Financial Assistance Attachment C Cost Reimbursement Contractor Payment Requirements Attachment D Certification of Completion Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 21 of 21 D.1 `, County of Monroe y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 �1 `_ll Mayor Pro Tem CraigCates,District 1 The Florida Keys �� `� � Michelle Coldiron,District 2 Eddie Martinez,District 3 w � Holly Merrill Raschein,District 5 County Commission Meeting December 8, 2021 Agenda Item Number: D.1 Agenda Item Summary #9951 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505 no AGENDA ITEM WORDING: Approval of a Grant Agreement between the Florida Fish and Wildlife Conservation Commission and Monroe County, Providing $518,400 for a Marine Debris Cleanup Project Along Shorelines and Nearshore Waters Affected by Hurricane Irma. ITEM BACKGROUND: On September 10th, 2017, Hurricane Irma made landfall in the Florida Keys as a Category 4 storm causing significant impacts to the marine environment including the deposition of a variety of marine debris. While past efforts have been successful in removing debris from high impact areas, scattered debris remains along various shorelines and in nearshore waters throughout the Keys waters of Monroe County. To support the recovery of impacted marine environments and associated fisheries, the National Oceanic and Atmospheric Administration ("NOAA") Fisheries Services allocated $44,608,039 to the State of Florida. The Florida Fish and Wildlife Conservation Commission ("FWC") developed a Hurricane Irma Fishery Disaster Funding Proposal, including allocation of$1.3 million for marine debris cleanup with a focus on fisheries-related debris. FWC selected Monroe County ("BOCC", "Board", or"County") as a sub-recipient of this funding to conduct this cleanup, and the BOCC approved a grant agreement with FWC on December 9, 2020. On March 17, 2021, the Board selected Adventure Environmental, Inc. ("AEP') for performance of the authorized work under a Request for Proposals ("RFP") in partnership with the Florida Keys Commercial Fishermen's Association ("FKCFA") who provided local commercial fishermen for the retrieval and collection of the debris. Cleanup activities conducted throughout the Lower Keys between May and June of this year resulted in the removal of over 31 tons of debris for a total project cost of$1,299,665.14. At the conclusion of the work, four(4) sites were identified with a high to moderate density of debris that could not be cleaned up due to a lack of project funding. These sites include the eastern shorelines of Sugarloaf Key and Big Pine Key, as well as the Lower Keys backcountry islands of Water Key and Little Spanish Key. In September, FWC contacted the Monroe County Planning and Environmental Resources Department's ("Department")Marine Resources Office professional staff regarding additional Irma-related project funding that may be available. FWC has agreed to provide Packet Pg. 1497 D.1 an additional $518,400 in grant funding to complete cleanup activities at three (3) of the four(4) sites identified above. The primary focus will be on the retrieval of commercial trap gear, particularly entangled trap rope, as well as other man-made debris identified by the project. The performance of the cleanup activities must be completed no later than January 30, 2022. Due to this aggressive spending deadline, the Department's Marine Resources Office professional staff are requesting under a separate agenda item that the BOCC dispense with otherwise standard bidding/procurement requirements and to contract directly for services with AEI as authorized under Monroe County Code of Ordinances § 2-347(k)(1)(d.) due to the substantial risk that the funding source will be lost due to the time required to competitively award bids after the funds become available which would exceed the time within which the funding source must be spent. This separate item also includes approval of a new contract with AEI who has been qualified under the previous RFP process for identical work conducted under the previous project. As previously, AEI has committed to another partnership with FKCFA utilizing local commercial fishermen to perform the work. No match is required by the County for this funding. The Marine Resources Office's professional staff requests approval by the Board to accept this grant funding from FWC. PREVIOUS RELEVANT BOCC ACTION: November 2020 - Approval to Advertise RFP December 2020- Approval of Grant Agreement with FWC March 2021 - RFP Ranking Approval and Contract with AEI CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: Contract Attachment A - Scope of Work Attachment B - Audit Requirements Attachment C - Cost Reimb Requirements Attachment D - Cert of Completion FINANCIAL IMPACT: Effective Date: upon execution by FWC Expiration Date: January 30, 2022 Total Dollar Value of Contract: $518,400 Total Cost to County: n/a Packet Pg. 1498 D.1 Current Year Portion: n/a Budgeted: n/a Source of Funds: Grant CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: no If yes, amount: Grant: yes County Match: no Insurance Required: yes, self-insured statement Additional Details: n/a REVIEWED BY: Michael Roberts Completed 11/16/2021 8:57 AM Emily Schemper Completed 11/22/2021 8:38 AM Peter Morris Completed 11/23/2021 2:24 PM Purchasing Completed 11/23/2021 2:26 PM Budget and Finance Completed 11/23/2021 3:21 PM Maria Slavik Completed 11/23/2021 4:07 PM Liz Yongue Completed 11/23/2021 4:37 PM Board of County Commissioners Pending 12/08/2021 9:00 AM Packet Pg. 1499 FWC Agreement No. 21 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT No.21194 CFDA Title(s): Hurricane Irma Fishery Disaster Funding CFDA No(s).: 11.022 Name of Federal Agency(s): National Oceanic and Atmospheric Administration(NOAA) Federal Award Year(s): FY2019-20 Federal Award No(s): NA 19NMFO220003 through FY2022-23 c, Federal Award Name(s): Bipartisan Budget Act of 2018 0 CSFA Title(s).: Not Applicable CSFA No(s).: Not Applicable .) State Award No(s).: Not Applicable State Award Year(s): Not Applicable State Award Name(s): Not Applicable E cv This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, 0 whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and Monroe County Board of County Commissioners, FEID 4 59-6000749, whose address is 500 Whitehead Street, E Key West, FL 33040,hereinafter"Grantee." WHEREAS, the Commission and Grantee have partnered together to coordinate the removal of remaining shoreline and nearshore marine debris associated with Hurricane Irma within the Florida Keys; and, WHEREAS, Grantee has been awarded FWC-21194; and, �-- N WHEREAS,such benefits are for the ultimate good of the State of Florida,its resources,wildlife,and public o welfare. ' Now THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: 1. PROJECT DESCRIPTION. c CJ 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 11 Packet Pg. 1500 FWC Agreement No. 21 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 U 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 0 Agreement pursuant to Paragraph eight (8) below, in the event the Grantee's ability to perform under this v) Agreement becomes compromised. 2 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 Party to sign and shall N remain in effect through 01/30/2022. 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 E date was not approved. The Commission's Grant Manager shall confirm the specific start date of 2 the Agreement by written notice to the Grantee. The Grantee shall not be eligible for e( reimbursement or compensation for grant activities performed prior to the start date of this C Agreement nor after the end date of the Agreement. For this agreement, preaward costs are not eligible for reimbursement. If necessary,by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. cv 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$518,400.00. 0 B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks U 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 GRANT- GOVERNMENTAL ENTITY June 2019 11 Packet Pg. 1501 FWC Agreement No. 21 allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). 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 2 included in Attachment A, Scope of Work. 0 E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be 2 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 E 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 N 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 E 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. et G. Non-Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that C7 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. o 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 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 C from the latter of the date the invoice is received or the Deliverables are received, inspected and U approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(l),F.S.,will be due and payable in addition to the invoice amount. Invoices returned to a Grantee due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. L 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: htlp://www.fldfs.com/aadir/direct_deposit_web/Vendors.htm GRANT- GOVERNMENTAL ENTITY June 2019 11 Packet Pg. 1502 FWC Agreement No. 21 Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once enrolled,invoice payments will be made by EFT. J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at(850)413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342- 2762. 5. RETURN OR RECOUPMENT OF FUNDS. A. Overpayment to Grantee. Pursuant to Section 215.971(l)(e) &(f), F.S., the Grantee shall return W 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 2 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 iu to Section 55.03(l), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager and E made payable to the "The Florida Fish and Wildlife Conservation Commission". .� cv 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 W recoup that cost or loss from monies owed to the Grantee under this Agreement or any other W 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 try writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the U Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. N 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 11 Packet Pg. 1503 FWC Agreement No. 21 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. U A. Commission Termination. The Commission may unilaterally terminate this Agreement for 2 convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent c to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. v) The Grantee may request termination of the Agreement for convenience. 2 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 E provide the Grantee with written notice of termination. cv 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.) in adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing E requirement. Rule 60A-1.006(3),F.A.C.,governs the procedure and consequences for default. The 2 rights and remedies of the Commission in this clause are in addition to any other rights and remedies et provided by law or under the Agreement. The Grantee shall not be entitled to recover any C cancellation charges or lost profits. U 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 o 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. U E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section,property belonging to the Commission shall include,but shall not be limited to, all books and records kept on behalf of the Commission. 9. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(l)(a) &(b), F.S., Attachment A, Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be GRANT- GOVERNMENTAL ENTITY June 2019 11 Packet Pg. 1504 FWC Agreement No. 21 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. 0. 10. NOTICES AND CORRESPONDENCE. CJ Any and all notices shall be delivered to the individuals identified below. In the event that either Parry designates a different Grant Manager after the execution of this Agreement, the Parry will provide written notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant 0 Manager, or an individual authorized to receive notice on behalf of that Parry, to all other Parties as soon v) 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 Devin Resko Celica Hitchins Government Operations Consultant III Senior Administrator Division of Marine Fisheries Management Monroe County 1875 Orange Ave East 2798 Overseas Hwy, Ste 400 Tallahassee, FL 32311 Marathon, FL 33050 850-445-9533 305-289-2505 Click here to enter Fax Click here to enter Fax Devin.Resko@MyFWC.com Hitchins-Celia@monroecounty-fl.gov 11. AMENDMENT. U 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 44 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 Parry's contact information, may be accomplished by a Modification. U C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this m 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. GRANT- GOVERNMENTAL ENTITY June 2019 11 Packet Pg. 1505 FWC Agreement No. 21 A. Intellectual and Other Intangible Property. I. Grantee's Preexisting Intellectual Property(Proprietary) Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual and other intangible property rights to the Grantee's preexisting property will remain with the Grantee. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Grantee under this Agreement for the U Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. m 0 iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other 0) 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 E 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, N 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 CD 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, U 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 .2 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. 0 U 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 W 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- GRANT- GOVERNMENTAL ENTITY June 2019 11 Packet Pg. 1506 FWC Agreement No. 21 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). 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. 0 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 a 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 N Guidance. L_ 0 iii. 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 m 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 U 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 Uc 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. GRANT- GOVERNMENTAL ENTITY June 2019 11 Packet Pg. 1507 FWC Agreement No. 21 D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the Commission in all such cases. 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 c 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 N and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under L_ the subcontract. B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, E 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 C 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 o qualifications or performance,in the Commission's judgment, are insufficient. D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A F above, the Grantee agrees to take such actions as may be necessary to ensure that each subcontractor 2 will be deemed to be an independent contractor and will not be considered or permitted to be an agent, C servant,joint venture, or partner of the State of Florida. U 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 GRANT- GOVERNMENTAL ENTITY June 2019 11 Packet Pg. 1508 FWC Agreement No. 21 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, 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 U 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 0 Category Two for a period of thirty-six (36) months from the date of being placed on the v) 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: E htlp://www.dms.myflon*da.com/business_operations/state purchasing/vendor_information/co nvicted_suspended_discriminatory_complaints_vendor lists N 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 E 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 N 287.135, F.S.,the Commission may immediately terminate this Agreement for cause if o 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 F 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. C U 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. GRANT- GOVERNMENTAL ENTITY June 2019 p Packet Pg. 1509 FWC Agreement No. 21 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 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. U 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, c in a timely manner, in writing to the Commission all violations of Federal criminal law involving v) 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 N Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 17. SPONSORSHIP. E 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 C 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. o 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. U 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 119.0701(l)(a)F.S.,the Grantee shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA GRANT- GOVERNMENTAL ENTITY June 2019 p Packet Pg. 1510 FWC Agreement No. 21 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(&myfwc.com, and 620 South Meridian Street, Tallahassee FL 32399 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 S duration of the contract term and following completion of the contract if the Contractor 2 does not transfer the records to the Commission. v) 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 6 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 E records disclosure requirements. If the Contractor keeps and maintains public records -� upon completion of the contract,the Contractor shall meet all applicable requirements c� for retaining public records. All records stored electronically must be provided to the 0 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. m 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, 0 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 U 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 .5 this or any other agreement between the Grantee and the State which results in the suspension or debarment e� 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. 0 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 U 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. GRANT- GOVERNMENTAL ENTITY June 2019 p Packet Pg. 1511 FWC Agreement No. 21 A. Grantee Responsibilities. The Grantee shall maintain accurate books,records,documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement,in accordance with generally accepted accounting principles. B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Grantee's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. U 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 0 Department of State (available at: http://dos.myflon*da.com/library-archives/records- management/general-records-scheduleso, whichever is longer. Grantee shall cooperate with the 2 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 E is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record keeping requirements in all subsequent contracts. N 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 E government accountable for each spending decision. The result is to reduce wasteful spending in the 2 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: C htlp://www.USASpending_.gov. Grant recipients awarded a new Federal grant greater than or equal C7 to $25,000.00 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to U provide the information necessary,over the life of this Agreement,for the Commission to comply with this requirement. cv 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, F 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 C comply with the audit requirements outlined in Attachment B, "Requirements of the Federal and Florida U Single Audit Acts,"attached hereto and made a part of the Agreement, as applicable. m 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). GRANT- GOVERNMENTAL ENTITY June 2019 p Packet Pg. 1512 FWC Agreement No. 21 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 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 C endangered fish or wildlife.Also, generally prohibited are the import, export,interstate, and 2 foreign commerce of listed species. 24. FEDERAL FUNDS. This;Agreement relies on federal funds, therefore, the 'following terms and conditions apply: A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and E 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. 0 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 CD 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 U_ (including painting and decorating) of public buildings or public works. Under this Act, contractors N and subcontractors must pay their laborers and mechanics employed under the contract no less than C the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. .2 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 0 an mean an person employed in the construction completion, or repair of public work to give u y � any � p � p p � g p any part of the compensation to which he or she is otherwise entitled. E E. Contract Work Hours and Safety Standards Act. Sections 103 and 107 of the Agreement Work U 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 GRANT- GOVERNMENTAL ENTITY June 2019 p Packet Pg. 1513 FWC Agreement No. 21 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 Contract or 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 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). 0 v) 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 E 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 N this covered transaction. 0 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 t7 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 U_ certifies that they have not engaged any registrant under the Lobbying Disclosure Act of W 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, .5 loan, or cooperative agreement, the Grantee shall, prior to or upon execution of this W 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 0 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 C above in connection with this Contract, the Grantee shall submit Standard Form-LLL, E "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material U 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 GRANT- GOVERNMENTAL ENTITY June 2019 p Packet Pg. 1514 FWC Agreement No. 21 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. 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 E 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 N corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional m information about PRIDE and the products it offers is available at htip://www.pride-enteMrises.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: U 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 N 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 W same procedures set forth in Subsections 413.036(l) and(2),F.S.; and for 5: 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. c Additional information about the designated nonprofit agency and the products it offers is available at htlp://www.respectofflorida.org. E 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. GRANT- GOVERNMENTAL ENTITY June 2019 p Packet Pg. 1515 FWC Agreement No. 21 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 working solely for the architect(or registered surveyor and mapper or professional U engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this contract. c 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. E 27. INDEMNIFICATION. cv 2- 0 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 Parry indemnifies nor insures the other Parry 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 E of its agents, employees,partners, or subcontractors and shall fully indemnify, defend, and hold harmless 2 the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and et costs of every name and description, including attorneys' fees, arising from or relating to personal injury C 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, N and fully indemnify, defend, and hold harmless the State, the Commission, and their officers, agents, and o 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. 0 U 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 GRANT- GOVERNMENTAL ENTITY June 2019 p Packet Pg. 1516 FWC Agreement No. 21 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 party to this Agreement. 31. JURY TRIAL WAIVER. U As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or 2 proceeding brought by any parry against any other party pertaining to any matter whatsoever arising out of 0 or in any way connected with this Agreement, or with the products or services provided under this v) Agreement, including but not limited to any claim by the Grantee of quantum meruit. 2 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 N Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly L_ employs unauthorized aliens. 33. EMPLOYMENT ELIGIBILITY VERIFICATION(E-VERIFY). m A. Requirement to Use E-Verify. Executive Order 11-116, signed May 27, 2011,by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly require the C Grantee to: 1.) utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Grantee during the Agreement term; and,2.) include in all subcontracts under this Agreement, the requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the N subcontract. B. E-Verify Online. E-Verify is an Internet-based system that allows an employer,using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the F eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and elections of federal C contractors, however, may vary, as stated in Article II.D.I.e. of the MOU. There is no charge to U employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found online at htip://www.dhs.gov/files/pro rg ams/gc_1185221678150.shtm C. Enrollment in E-Verify. If Grantee does not have an E-Verify MOU in effect, the Grantee must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement. D. E-Verify Recordkeeping. The Grantee further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Grantee's enrollment in the program. This GRANT- GOVERNMENTAL ENTITY June 2019 p Packet Pg. 1517 FWC Agreement No. 21 includes maintaining a copy of proof of the Grantee's and subcontractors' enrollment in the E- Verify Program(which can be accessed from the"Edit Company Profile"link on the left navigation menu of the E-Verify employer's homepage). E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat a failure to comply as a material breach of the Agreement. 34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. U Neither Parry shall be liable to the other for any delay or failure to perform under this Agreement if such 2 delay or failure is neither the fault nor the negligence of the Parry or its employees or agents and the delay 0 is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause v) wholly beyond the Parry's control, or for any of the foregoing that affects subcontractors or suppliers if no 2 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 Parry's , performance obligation under this Agreement.If the delay is excusable under this paragraph,the delay will E 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 N 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 m 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 C 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 o 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 F performance or deliveries from Grantee, provided that Grantee grants preferential treatment to the 2 Commission with respect to products or services subjected to allocation; (2)purchase from other sources C (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products U 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. GRANT- GOVERNMENTAL ENTITY June 2019 p Packet Pg. 1518 FWC Agreement No. 21 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. REMAINDER OF INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their U duly authorized signatories on the day and year last written below. Monroe County Board of County Florida Fish and Wildlife Conservation c Commissioners Commission Executive Director(or designee) Signature cv Name: Name: Title: Title: Date: Date: Approved as to form and legality: W TO FOAM C44 .ter' �..� > PETER ASSISTANT COUNTY ATTORNEYFWC Attorney Signature Date: 11/23/21 0 Attachments in this Agreement include the following: Attachment A Scope of Work m Attachment B Audit Requirements for Awards of State and Federal Financial Assistance Attachement C Cost Reimbursement Contractor Payment Requirements Attachement D Certification of Completion GRANT- GOVERNMENTAL ENTITY June 2019 p Packet Pg. 1519 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 21194 Nearshore Marine Debris Removal in the Florida Keys 1. DESCRIPTION OF GOODS / SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOOD/SERVICES The primary objective of this project is the removal of the remaining shoreline and nearshore marine debris associated with Hurricane Irma within the Florida Keys. The goal c is to provide for the cleanup of 100% of identified debris. The primary focus will be on the v retrieval of commercial trap gear, particularly entangled trap rope which is anticipated to be the dominant remaining debris from Hurricane Irma. The secondary focus will be the removal of all other man-made debris identified by the project. The project will target mangrove shorelines (up to the mean high water line) and associated nearshore waters up to 1-2 feet in water depth adjacent to publicly owned shorelines. 0 B. BACKGROUND The Florida Keys were hit by Category 4 Hurricane Irma on September 10, 2017 with the E center of the hurricane passing over the Lower Keys. High winds, wave action and storm 2 surge caused significant impacts to the marine environment including the deposition of a variety of marine debris throughout the Florida Keys. In the months and years following 2 the storm, local, state and federal agencies have focused marine cleanup and recovery efforts specifically on canal debris, sunken and derelict vessels and scattered _ destroyed/entangled lobster traps. Monroe County (or "Contractor"), through a grant from the United States Department of T Agriculture Natural Resources Conservation Service, removed significant volumes of debris from numerous canal systems. The Florida Fish & Wildlife Conservation 0 Commission (FWC or "Commission"), in coordination with U.S. Coast Guard and the Environmental Protection Agency,were responsible for the removal of approximately 800 c sunken and derelict vessels. Coordinated efforts between the FWC and the Florida Keys 0 U Commercial Fishermen's Association provided for the removal of lobster traps entangled 0 in approach channels and traps/trap debris along various shoreline areas. An estimated 56,000 traps were recovered. There have been several grassroot efforts (e.g. Conch o Republic Marine Army) who used volunteers, donations and public assistance to remove over 90 tons of marine debris along shorelines of the Florida Keys. Additionally, FWC contracted with Monroe County in mid-2021 to remove marine debris in sensitive mangrove habitats (see agreement FWC-20059). The project resulted in an estimated total of 494 cubic yards of fishing and non-fishing gear debris (fishing gear 349 cubic years and non-fishing gear 145 cubic yards), weighing approximately 31 tons, removed from shoreline and nearshore habitats. Version 1.0—June 2013 Page 1 of 8 Packet Pg. 1520 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 21194 Nearshore Marine Debris Removal in the Florida Keys While these efforts were successful in the removal of debris in the highest impact areas, scattered debris remains along various shorelines and in nearshore waters. State and Federal agencies have committed to addressing remaining debris impacts along mangrove shorelines and in associated nearshore waters. Funding support for this project c in the amount of$518,400.00 is part of a$44 million allocation granted to FWC by NOAA v Fisheries following Hurricane Irma for fisheries restoration and recovery. FWC selected Monroe County as a sub-recipient to perform the project which will be subcontracted to a vendor ("Sub-contractor") selected through a competitive solicitation process in conformance with all State and Federal guidelines. N This project will require that the Sub-contractor utilize local commercial fishermen to 0 perform the work. Monroe County supports commercial fishermen in the Florida Keys, and recognizes that commercial fishermen have extensive knowledge of Keys' waters, E shorelines and habitats, and are generally equipped with suitable vessels and gear to navigate and perform work in shallow water areas and along mangrove shorelines. C. PROJECT DESCRIPTION The project will commence with the Sub-contractor receiving assessments of existing _ debris within the focus area of the project that were completed during previous cleanup activities. The Sub-contractor will then provide and oversee several `crews' of local o commercial fishermen to perform the retrieval, collection and transportation of marine T) debris from authorized debris sites to disposal sites. No diving is anticipated. Crew activities will be reported through utilization of Daily Work Certification Forms which will 0 provide the central record keeping for cleanup activities. 0 General methodology for debris retrieval along mangrove shorelines in the Florida Keys 0 U includes the use of small skiffs, kayaks or floating platforms fanning out from the primary crew vessel and/or individuals walking along/into the mangroves to retrieve debris. Associated small vessels shall be of a design that provides for access to very shallow water and further access to/and into mangrove shoreline fringes. Small barges (such as pontoon A-frame barges) are suggested to be used for debris collection from the skiffs/kayaks; however, the primary crew vessels themselves (if suitable based on water depth) are also suggested to be used for debris collection/transport. It is suggested that a maximum of four E crews working per day will ensure sufficient effort while still providing an effective means for FWC to reasonably monitor all crew activities on a given day, as necessary. Version 1.0—June 2013 Page 2 of 8 Packet Pg. 1521 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 21194 Nearshore Marine Debris Removal in the Florida Keys Geographic Scope Hurricane Irma caused the deposition of marine debris throughout most areas of the Florida a Keys. Post-hurricane imagery provided by NOAA indicated that debris was distributed in open water and canal areas,but did not provide sufficient data regarding debris in nearshore areas in less than 2 feet of water. Trap debris over-flight observations and mapping were e also conducted by Florida Sea Grant. Subsequently, trap removal efforts were conducted and mapped by FWC. The map below provides an overview of the higher density areas where traps were observed and trap removals were performed.In conjunction with smaller- scale grassroots projects performed, it appears that much of the nearshore water areas and E sensitive mangrove shorelines of the Florida Keys still contain large volumes of widely- .� scattered trap and other man-made debris. This information has been utilized in determining the focus areas for this project and where targeted efforts should be placed. 0 E Trap Removal Locatoiis 4 Of Traps Removed 1-16 M : � ps 19 aq-lc grid r 11 'i{?17_#6 ".1,wwl Jun 2918 37-95 d r=�179-377 #uf'l'rap,Clusters 1-25 r r?+ Observed in Overflights 2 75 U r Ill cp,rrrale and cell � 76 17€1 .; 171 4$ a zv141 1xx a a M�rrs tn33 t a 5 z 9-750 a2,17_es1a AV,P1,Pa2 O 1421}54YMt-0-S. " �"9ss814 @iy! aT( �y •;v LL Lk'V 1:5 t� 4 ! yfL, ft >)�g W 5 67'' SG 0 6t �� nF 9 0r ti fm b AW11 Aga., zJJ 1 2 d 3k2 14 1 g 4 y} 1 5 A 'o V �YF 91 S t; 0 4 S�iF., q� V l o*,,1,� � Pr ter lSStl?t�I L'2 Irl ne t �1�1 X � �� r �^ ❑ Nrr rc,u�.,h m.+.rf u. c' oV mt.y s c i,?�rv.nw raao era .t.l;l`r 4E Focus Area The focus area used for previous debris cleanup activities (see FWC-20059)was from the E island of Marathon Key in the Middle Keys to Sugarloaf Key in the Lower Keys. This area was chosen based on data and research from Monroe County, FWC, and NOAA. The area was broken down by numbered grid cells to satisfy tasks and deliverables outlined in previous cleanup activities. Cells that were not cleaned in previous work will be targeted Version 1.0—June 2013 Page 3 of 8 Packet Pg. 1522 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 21194 Nearshore Marine Debris Removal in the Florida Keys with this project. Those cells are 2, 11, and 13 (highlighted red in the below map). These four cells have been surveyed for the level of debris density present. Cells 2 and 13 have been categorized as"High" amounts of debris,whereas cell 11 is categorized as"Medium." The projectwill target mangrove shorelines(up to the mean high-water line)and associated ' c nearshore waters up to 1-2 feet in water depth adjacent to publicly-owned shorelines. No debris removal will occur along privately-owned shorelines or bay bottom. Additionally, no debris removal will occur in any canals. Monroe County will assist the Sub-contractor in determining ownership of shoreline properties based on debris sites/areas located. E Focus Area Map 84°SS"d"W 91'74"4"W Bi°25°0"W 81:°'PO'p"W b'I'15'P"W 8'f"1R'p"W 0 2 a E ❑ ❑ [4 1 U_ 5 �, �� ti 6 g �g 10 r, Va l - 37 )72 k1 -S 1 �� tea 123 14 r ev Si z TU F U) v i S' Bi°36'0"tM Bi°30'4'°lM BT°26'ORN Bi°26'0"W Ei°18'B"W '81°16'®"W (� Hazmat Handling E The Sub-contractor may be retrieving and transporting hazardous materials in the performance of the described duties. The Sub-contractor should have a sufficient level of hazmat training in order to safely handle hazmat(i.e. Hazwopper training, etc.) and ensure that all crews are familiar with handling hazardous materials as may be encountered. All Version 1.0-June 2013 Page 4 of 8 Packet Pg. 1523 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 21194 Nearshore Marine Debris Removal in the Florida Keys hazardous materials collected shall be properly disposed of at a certified hazardous waste disposal facility. Monitoring The Sub-contractor shall provide all work documentation to Monroe County to verify work c and adherence to regulations pertaining to handling of traps, and monitor debris transferred to disposal sites. Monroe County will then provide all documentation to FWC. Documentation will be submitted to FWC on a monthly basis, no more than seven (7) business days after the end of each month. FWC will conduct at least one (1) site visit of E cleanup activity. .� N Regulatory Authority 0 The Florida Keys National Marine Sanctuary (Sanctuary or FKNMS)has provided federal approval for this project. A Letter of Authorization from the Sanctuary has been issued to 2 the County for the Sub-contractor to perform the work described in this Scope of Work. Due to the geographically narrow marine environment where the debris removal work is to be performed, no alteration of, or impact to the seafloor or mangrove vegetation is anticipated to occur. State and federal regulations prohibit damage to seagrasses or mangroves. As applicable, FKNMS staff may provide Best Management Practices (BMP)training for the Sub-contractor and their crews to ensure that safety and environmental protective measures are followed and exhibited throughout the course of the project work. DEP and/or FKNMS staff may also be onsite for operations when removing debris from c mangroves. Monroe County will coordinate with DEP and FKNMS regarding any need 0 for state and/or federal oversight of operations. 0 U D. SUPPORT OF COMMISSION MISSION/RETURN ON INVESTMENT Removal of remaining nearshore and shoreline marine debris from Hurricane Irma will assist in the continued healing of the Florida Keys, an area popular to both local resident and tourists. Focusing on removing trap gear will benefit plants and animals local to the sensitive environment. E. DEFINITIONS E Monroe County (or Contractor)will,through a competitive solicitation, sub-contract the marine debris removal work to a third party. 2. PRE-ACTIVITY SURVEYS Version 1.0-June 2013 Page 5 of 8 Packet Pg. 1524 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 21194 Nearshore Marine Debris Removal in the Florida Keys A. All pre-activity surveys have been completed in the last 12 months to satisfy previous marine debris cleanup activities. Monroe County will provide all surveys to the selected sub-contractor. 3. DELIVERABLES 0 c A. Deliverable—Marine Debris Retrieval, Collection, Transport, and Disposal Shoreline/nearshore cleanup of marine debris at Authorized Debris Sites including debris 2 2 retrieval, collection and transfer from crew vessels to disposal facility. E B. Minimum Level of Performance All marine debris cleanup activity must be documented and follow pre-planning activity. 0 C. Documentation/ Criteria Used as Evidence of Performance a� The Contractor shall provide FWC all documentation and invoices related to cost E reimbursement request. Documentation that will be provided to FWC must include: 1) 2 Composed Monthly Invoice Sheet, 2) Work Authorization Request Forms, 3)Preliminary Debris Assessment(s) of Authorized Debris Sites, 4) Work Certification Forms 2 (completed daily), 5) Marine Debris Data Collection Forms (completed daily), 6) at least three (3)photos of marine debris removal activities, 7) at least one (1) disposal _ ticket/receipt for each load of disposed debris, and 8) at least three (3)photos of the disposal operation for each disposal event. N D. Timeline for Completion Documentation will be submitted on a monthly basis, no more than seven (7) business 0 days after the end of each month. 0 4. FINANCIAL CONSEQUENCES 0 If the Contractor fails to satisfactorily complete any deliverable within the timeframe specified by the Scope of Work, the Commission may impose a financial consequence of ten percent et (10%) of the monthly invoice; Disallow all or part of the cost of the activity or action not in compliance; Request refund of previously disbursed payments related to deficiency; Wholly or partly suspend or terminate this agreement; Withhold future task assignments for the project or program. 5. PERFORMANCE FWC will review all documentation provided by the Contractor regarding debris cleanup activities within five (5)business days. Version 1.0—June 2013 Page 6 of 8 Packet Pg. 1525 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 21194 Nearshore Marine Debris Removal in the Florida Keys 6. RENEWALS AND EXTENSION A. RENEWAL See Contract for applicable terms and conditions related to renewals. B. EXTENSION 0 c This contract may be extended for a period not to exceed six (6) months if approved by both FWC and the Contractor. See Contract for applicable terms and full conditions related to extensions. 7. COMPENSATION AND PAYMENT E A. COST REIMBURSEMENT The Contractor shall be compensated on a cost reimbursement basis in accordance with the 0 Cost Reimbursement Contract Payment Requirements as shown in the Department of Financial Services, "Reference Guide for State Expenditures" publication. The cost E reimbursement requirements section of the Reference Guide is attached hereto and made a part hereof as Attachment B. B. INVOICE SCHEDULE The Contractor shall submit a signed invoice, via e-mail, to the FWC Contract Manager on a monthly basis, no more than seven (7)business days after the end of each month, upon the start of cleanup. The invoice shall include a brief summary of the work r_ performed, the number of days and hours that individual crews worked and the total cost. ° N The invoice shall also include all documentation required for submission in the contract between the Contractor and the Sub-contractor. C. TRAVEL EXPENSES c No travel expenses are authorized. 0 0 D. FORMS AND DOCUMENTATION ) This section is not applicable. 8. MONITORING SCHEDULE The Contractor will provide FWC documentation verifying marine debris cleanup activities. �t 9. INTELLECTUAL PROPERTY RIGHTS See Contract for applicable terms and conditions related to intellectual property rights. 10. SUBCONTRACTS Version 1.0-June 2013 Page 7 of 8 Packet Pg. 1526 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 21194 Nearshore Marine Debris Removal in the Florida Keys The Contractor shall follow all State of Florida procurement laws with respect to awarding contracts in completion of this project. m 11. INSURANCE See Contract for applicable terms and conditions related to insurance. ' c 12. SECURITY AND CONFIDENTIALITY Information developed by FWC and its Contractor is public record. 13. RECORD KEEPING REQUIREMENTS The Contractor must retain records related to performance of the Contract for five (5)years cv following the end of the grant award funding this Contract. 0 14. NON-EXPENDABLE PROPERTY E 0) This section is not applicable and intentionally left blank. 2 15. PURCHASE OR IMPROVEMENT OF REAL PROPERTY 2 See Contract for applicable terms and condition related to the purchase or improvement of real property. 16. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS A. FEDERAL FUNDS N 1. This Agreement is funded in whole or in part by a grant from the NOAA Fisheries, CFDA No. 11.022. Therefore, the Contractor shall be responsible for complying with all federal grant requirements as provided in the grant, a copy of which is attached 0 hereto and made a part hereof as Attachment C. It is understood and agreed that the 0 Contractor is not authorized to expend any federal funds under this Agreement to a 0 federal agency or employee without the prior written approval of NOAA Fisheries. 2. The Contractor agrees to follow all requirements of CFR 200, Code of Federal Regulations, for the procurement of commodities or contractual services under this Agreement. B. CERTIFICATE OF CONTRACT COMPLETION m The Contractor will be required to complete a Certificate of Completion form (Attachment D)when all work has been completed and accepted. This form must be submitted to the FWC Contract Manager. The remainder of this page intentionally left blank. Version 1.0—June 2013 Page 8 of 8 Packet Pg. 1527 DA.c Department of Financial Services r Division ofAccounting and Auditing—Bureau ofAudning ATTACHMENT B AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE CJ [Audit te: Ride Chapter 691-5,Florida Administrative Code(F.A.C.),State Financial Assistance, incorporates this,form as well the regulations cited therein by reference in Rule 691-5.006,F.A.C. Rule 691-5.001,F.A.C., incorporates 2 CFR Part 200, iform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, including Subpart - Requiremens,2018 Edition, and its related Appendix XI, Compliance Supplement,April 2017 and April 2018. The 0 m and regulations can be accessed via the Department of Financial Services'website at https:llapps. ldfs.com/fsaal.. The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission)to the recipient may be subject to audits and/or monitoring by the Commission, as described , in this section. E MONITORING cy In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F-Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include,but not be limited to,on-site visits by Department of ABC staff, limited scope audits as defined by E 2 CFR §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the Department of ABC. In the event the Department of ABC determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by Department of ABC staff to the C7 recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS c Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or E program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F-Audit rr Requirements. EXHIBIT 1 to this form lists the federal resources awarded through the Department of ABC by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of ABC. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. E 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. e( 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements. E If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, DFS-A2-CL Attachment B,Page-1- Rev. 11/18 Rule 69I-5.006,F.A.C. Packet Pg. 1528 D.1.c AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). Note: The state awarding agency should address other miscellaneous matters affecting audits of federal awards,such as websites with information that would facilitate the recipient's compliance. U Part IL• State Funded Note: This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2),F.S. 0 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess .� of$750,000 in any fiscal year of such recipient(for fiscal years ending June 30,2017,and thereafter), the recipient must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the .� Department of ABC by this agreement. In determining the state financial assistance expended in its N fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of ABC, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. U 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30,2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the recipient expends less than $750,000 in state financial C assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions (1) of section 215.97,F.S.,the cost of the audit must be paid from the nonstate entity's resources(i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than state entities). a� Note: The state awarding agency should address other miscellaneous matters affecting audits of state financial E assistance,such as identifying websites with information that would facilitate the recipient's compliance. rr Part III: Other Audit Requirements °' Note: This Part should be used to speck any additional audit requirements imposed by the state awarding entity that are solely a matter of that state awarding entity's policy(i.e., the audit is not required by federal or state laws and is <C not in conflict with other federal or state audit requirements). Pursuant to section 215.97(8),F.S.,state agencies may conduct or arrange.for audits ofstate.financial assistance that are in addition to audits conducted in accordance with section 215.97, F.S. In such an event, the state awarding agency must arrange.for.funding the full cost of such additional audits. Part IV: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR E §200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.36 and §200.512. DFS-A2-CL Attachment B,Page-2- Rev. 11/18 Rule 69I-5.006,F.A.C. Packet Pg. 1529 D.1.c AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the recipient directly to each of the following: a. The Commission at each of the following addresses: 0 Office of Inspector General Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 E D. The Auditor General's Office at the following address: cv Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 E I I I West Madison Street m Tallahassee, Florida 32399-1450 cC The Auditor General's website (https:Hflauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the recipient directly to: W The Commission at each of the following addresses: c Office of Inspector General Florida Fish and Wildlife Conservation Commission Bryant Building N 620 S. Meridian St. m Tallahassee, FL 32399-1600 a� 4. Any reports,management letters,or other information required to be submitted to the Department of r ABC pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. et 5. Recipients,when submitting financial reporting packages to the Department of ABC for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor E General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part V: Record Retention m The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five (5)years from the date the audit report is issued, and shall allow the Department of ABC,or its designee,the CFO,or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission, or its designee, the DFS-A2-CL Attachment B,Page-3- Rev. 11/18 Rule 69I-5.006,F.A.C. Packet Pg. 1530 DA.c AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE CFO,or Auditor General upon request for a period of three(3)years from the date the audit report is issued, unless extended in writing by the Commission. Note: Records need to be retained for at least five years to comply with record retention requirements related to original vouchers as prescribed by the Department of State,Division ofLibrary and Information Services,Bureau of Archives and Records Management. U 0 E cv c CJ c N W rr W T DFS-A2-CL Attachment B,Page-4- Rev. 11/18 Rule 69I-5.006,F.A.C. Packet Pg. 1531 DA.c AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE EXHIBIT 1 Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Note: If the resources awarded to the recipient represent more than one federal program, provide the same CJ information shown below for each federal program and show total federal resources awarded. 1. Federal Program A: 0 U.S. Department of Commerce/NOAA CFDA 4 11.022, Bipartisan Budget Act of 2018 Amount- $518,400.00 E 2. Federal Program B: not applicable c Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: a� Note: If the resources awarded to the recipient represent more than one.federal program, list applicable compliance requirements for each federal program in the same manner as shown below. e( 1. Federal Program A: 1. Only the goods and/or services described within the attached Attachment A Scope of Work are c, eligible expenditures for the funds awarded. 2. The Grantee agrees to follow all requirements of CFR 200, Code of Federal Regulations, for the procurement of commodities or contractual services under this Agreement. N 3. The Grantee must comply with the requirements of all applicable laws,rules or regulations relating to this marine debris cleanup project. e� N 2. Federal Program B: not applicable Note: Instead of listing the speck compliance requirements as shown above, the state awarding agency may elect r to use language that requires the recipient to comply with the requirements of applicable provisions of speck laws, �= rules, regulations, etc. For example,for Federal Program A, the language may state that the recipient must comply with speck laws, rules, regulations, etc., that pertains to how the awarded resources must be used or how eligibility e( determinations are to be made. The state awarding agency, if practical, may want to attach a copy of the speck laws, rules, regulations, etc., referred to. T State Resources Awarded to the Recipient E Pursuant to this Agreement Consist of the Following: Matching Resources for Federal Programs: Note: If the resources awarded to the recipient for matching represent more than one.federal program,provide the same information shown below for each federal program and show total state resources awarded for matching. 1. Federal Program A: not applicable DFS-A2-CL Attachment B,Page-5- Rev. 11/18 Rule 69I-5.006,F.A.C. Packet Pg. 1532 D.1.c AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE 2. Federal Program B: not applicable Subject to Section 215.97,F.S.: Note: If the resources awarded to the recipient represent more than one state project,provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97,F.S. 0 1. State Project A: not applicable 2. State Project B: not applicable Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement Are as Follows: Note: List applicable compliance requirements in the same manner as illustrated above for federal resources. For matching resources provided by the Department of ABC for federal programs, the requirements might be similar to E the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amounts of the non federal resources, there may be more than one grouping(i.e., 1, 2, 3, etc) listed under this category. not applicable Note: 2 CFR§200.513 and section 215.97(5), F.S., require that the information about federal programs and state projects included in E=BiT 1 be provided to the recipient. c For questions regarding Form DFS A2-CL, contact your FSAA state agency liaison or the Department of Financial > Services,Bureau of Auditing, at FSAA@MyFloridaCFO.com or(850) 413-3060. rr W T U U DFS-A2-CL Attachment B,Page-6- Rev. 11/18 Rule 69I-5.006,F.A.C. Packet Pg. 1533 D.1.d FWC Contract No. 21194 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 submitted for cost reimbursement must be itemized by expenditure category as outlined in the apporoved contract budget. Additionally, the invoice must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the contract. FWC is required to maintain the detailed supporting documentation in support of each request for cost reimbursement and to make it available for audit purposes. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only E expenditures for the categories in the approved contract budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. FWC may require more detailed N documentation as deemed appropriate to satisfy that the terms of the contract have been met. Listed below are types and examples of supporting documentation: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of U the employee (e.g., insurance premiums paid). If the contract specifically states that r, 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. .N 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. Cr (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. E (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 y must be reasonable. c (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. m For cost reimbursement contracts with another State agency(including State universities): In lieu of the detailed documentation described above,alternative documentation may be submitted to substantiate the costs requested to be reimbursed.This alternative documentation may be in the form of FLAIR reports or other reports containing sufficient detail. Cost Reimbursement Contract Payment Requirements Page 1 of 1 Packet Pg. 1534 D.1.e Attachment D fGr 5t.` FL FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES MANAGEMENT CERTIFICATION OF COMPLETION 0 e (Printed Name and Title) 0 representing (Name of Grantee) do hereby certify that the project funded by Grant Number FWC — 21194 has been completed in compliance with all terms and conditions of said Grant Contract. (Signature) (Date) N 0 U Rev. 12/2013 Attachment I Packet Pg. 2 5