12/08/2021 Agreement G� Kevin Madok, CPA
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Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: January 18, 2022
TO: Celia Hitchins, Sr. Administrator
Marine Resources
FROM: Pamela G. Hancock, D.C.
SUBJECT: December 8' BOCC Meeting
Attached is an electronic copy of the following item that has been signed by the state and
accepted into the record:
D1 Grant Agreement between Florida Fish and Wildlife Conservation Commission
and Monroe County,providing $518,400.00, for a Marine Debris Cleanup Project along
shorelines and nearshore waters affected by Hurricane Irma.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney_
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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
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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
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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
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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
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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.
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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.
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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.
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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).
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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
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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
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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 o® 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
%
Sipature 4utive Di for(or desi ee)
Name: David Mce Name::;64,9 1 F&L
Title:—
Datc: Deccmber,.R 2021 Date.
MONROE CO ATTORNEY Approved as to form and leplity y®
�p I
AP rOFORM
PETM MOARIS
SISTANT COUNW ATMNEY /s/Quilla Miralia
12/22121 Commission Attorney
KEVIN MADOK,CLERK
16
As Deputy Clerk
Attachments in this Agreement include the following:
Attachment A Scope of or
Attachment B Audit Requirements for Awards of to 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
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
is to provide for the cleanup of 100% of identified debris. The primary focus will be on the
retrieval of commercial trap gear, particularly entangled trap rope which is 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.
B. BACKGROUND
The Florida Keys were hit by Category 4 Hurricane Irma on September 10, 2017 with the
center of the hurricane passing over the Lower Keys. High winds, wave action and storm
surge caused significant impacts to the marine environment including the deposition of a
variety of marine debris throughout the Florida Keys. In the months and years following
the storm, local, state and federal agencies have focused marine cleanup and recovery
efforts specifically on canal debris, sunken and derelict vessels and scattered
destroyed/entangled lobster traps.
Monroe County (or "Contractor"), through a grant from the United States Department of
Agriculture Natural Resources Conservation Service, removed significant volumes of
debris from numerous canal systems. The Florida Fish & Wildlife Conservation
Commission (FWC or "Commission"), in coordination with U.S. Coast Guard and the
Environmental Protection Agency,were responsible for the removal of approximately 800
sunken and derelict vessels. Coordinated efforts between the FWC and the Florida Keys
Commercial Fishermen's Association provided for the removal of lobster traps entangled
in approach channels and traps/trap debris along various shoreline areas. An estimated
56,000 traps were recovered. There have been several grassroot efforts (e.g. Conch
Republic Marine Army) who used volunteers, donations and public assistance to remove
over 90 tons of marine debris along shorelines of the Florida Keys. 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
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
in the amount of$518,400.00 is part of a$44 million allocation granted to FWC by NOAA
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.
This project will require that the Sub-contractor utilize local commercial fishermen to
perform the work. Monroe County supports commercial fishermen in the Florida Keys,
and recognizes that commercial fishermen have extensive knowledge of Keys' waters,
shorelines and habitats, and are generally equipped with suitable vessels and gear to
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
commercial fishermen to perform the retrieval, collection and transportation of marine
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
provide the central record keeping for cleanup activities.
General methodology for debris retrieval along mangrove shorelines in the Florida Keys
includes the use of small skiffs, kayaks or floating platforms fanning out from the primary
crew vessel and/or individuals walking along/into the mangroves to retrieve debris.
Associated small vessels shall be of a design that provides for access to very shallow water
and further access to/and into mangrove shoreline fringes. Small barges (such as pontoon
A-frame barges) are suggested to be used for debris collection from the skiffs/kayaks;
however, the primary crew vessels themselves (if suitable based on water depth) are also
suggested to be used for debris collection/transport. It is suggested that a maximum of four
crews working per day will ensure sufficient effort while still providing an effective means
for FWC to reasonably monitor all crew activities on a given day, as necessary.
Version 1.0—June 2013 Page 2 of 8
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
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
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
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.
Trap Removal Locatoiis
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Focus Area
The focus area used for previous debris cleanup activities (see FWC-20059)was from the
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
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
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.
Focus Area Map
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Hazmat Handling
The Sub-contractor may be retrieving and transporting hazardous materials in the
performance of the described duties. The Sub-contractor should have a sufficient level of
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
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
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
cleanup activity.
Regulatory Authority
The Florida Keys National Marine Sanctuary (Sanctuary or FKNMS)has provided federal
approval for this project. A Letter of Authorization from the Sanctuary has been issued to
the County for the Sub-contractor to perform the work described in this Scope of Work.
Due to the geographically narrow marine environment where the debris removal work 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
mangroves. Monroe County will coordinate with DEP and FKNMS regarding any need
for state and/or federal oversight of operations.
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
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
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
A. Deliverable—Marine Debris Retrieval, Collection, Transport, and Disposal
Shoreline/nearshore cleanup of marine debris at Authorized Debris Sites including debris
retrieval, collection and transfer from crew vessels to disposal facility.
B. Minimum Level of Performance
All marine debris cleanup activity must be documented and follow pre-planning activity.
C. Documentation/ Criteria Used as Evidence of Performance
The Contractor shall provide FWC all documentation and invoices related to cost
reimbursement request. Documentation that will be provided to FWC must include: 1)
Composed Monthly Invoice Sheet, 2) Work Authorization Request Forms, 3)Preliminary
Debris Assessment(s) of Authorized Debris Sites, 4) Work Certification Forms
(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.
D. Timeline for Completion
Documentation will be submitted on a monthly basis, no more than seven (7) business
days after the end of each month.
4. FINANCIAL CONSEQUENCES
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
(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
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
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
A. COST REIMBURSEMENT
The Contractor shall be compensated on a cost reimbursement basis in accordance with the
Cost Reimbursement Contract Payment Requirements as shown in the Department of
Financial Services, "Reference Guide for State Expenditures" publication. The cost
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
performed, the number of days and hours that individual crews worked and the total cost.
The invoice shall also include all documentation required for submission in the contract
between the Contractor and the Sub-contractor.
C. TRAVEL EXPENSES
No travel expenses are authorized.
D. FORMS AND DOCUMENTATION
This section is not applicable.
8. MONITORING SCHEDULE
The Contractor will provide FWC documentation verifying marine debris cleanup activities.
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
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.
11. INSURANCE
See Contract for applicable terms and conditions related to insurance.
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
following the end of the grant award funding this Contract.
14. NON-EXPENDABLE PROPERTY
This section is not applicable and intentionally left blank.
15. PURCHASE OR IMPROVEMENT OF REAL PROPERTY
See Contract for applicable terms and condition related to the purchase or improvement of
real property.
16. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS
A. FEDERAL FUNDS
1. This Agreement is funded in whole or in part by a grant from the NOAA Fisheries,
CFDA No. 11.022. Therefore, the Contractor shall be responsible for complying with
all federal grant requirements as provided in the grant, a copy of which is attached
hereto and made a part hereof as Attachment C. It is understood and agreed that the
Contractor is not authorized to expend any federal funds under this Agreement to a
federal agency or employee without the prior written approval of NOAA Fisheries.
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
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
Department of Financial Services
r Division ofAccounting and Auditing—Bureau ofAudning
ATTACHMENT B
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
Note: Rule Chapter 691-5,Florida Administrative Code(F.A.Q State Financial Assistance, incorporates this,form as well
as 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,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, including Subpart -
Audit Requirements,2018 Edition, and its related Appendix XI, Compliance Supplement,April 2017 and April 2018. The
form 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.
MONITORING
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
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
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
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
program-specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit
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.
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.
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.
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.
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.
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.
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
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.
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
assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions
of section 215.97,F.S.,the cost of the audit must be paid from the 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).
Note: The state awarding agency should address other miscellaneous matters affecting audits of state financial
assistance,such as identifying websites with information that would facilitate the recipient's compliance.
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
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
§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.
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:
Office of Inspector General
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399-1600
D. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
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:
The Commission at each of the following addresses:
Office of Inspector General
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399-1600
4. Any reports,management letters,or other information required to be submitted to the Department of
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.
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
General, should indicate the date that the reporting package was delivered to the recipient in
correspondence accompanying the reporting package.
Part V: Record Retention
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.
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.
DFS-A2-CL Attachment B,Page-4-
Rev. 11/18
Rule 69I-5.006,F.A.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
information shown below for each federal program and show total federal resources awarded.
1. Federal Program A:
U.S. Department of Commerce/NOAA
CFDA 4 11.022, Bipartisan Budget Act of 2018
Amount- $518,400.00
2. Federal Program B:
not applicable
Compliance Requirements Applicable to the Federal Resources
Awarded Pursuant to this Agreement are as Follows:
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.
1. Federal Program A:
1. Only the goods and/or services described within the attached Attachment A Scope of Work are
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.
3. The Grantee must comply with the requirements of all applicable laws,rules or regulations relating
to this marine debris cleanup project.
2. Federal Program B:
not applicable
Note: Instead of listing the speck compliance requirements as shown above, the state awarding agency may elect
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
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.
State Resources Awarded to the Recipient
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.
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.
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
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.
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.
DFS-A2-CL Attachment B,Page-6-
Rev. 11/18
Rule 69I-5.006,F.A.C.
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
expenditures for the categories in the approved contract budget may be reimbursed. These expenditures must be
allowable (pursuant to law) and directly related to the services being provided. FWC may require more detailed
documentation as deemed appropriate to satisfy that the terms of the contract have been met.
Listed below are types and examples of supporting documentation:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
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
Attachment D
fGr 5t.` FL FISH AND WILDLIFE CONSERVATION COMMISSION
DIVISION OF MARINE FISHERIES MANAGEMENT
CERTIFICATION OF COMPLETION
I,
(Printed Name and Title)
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)
Rev. 12/2013
Attachment B,Page 1 of 1
January 3, 2022
Florida Fish To: Eric Sutton, Executive Director, FWC
and Wildlife
Conservation From: Dan Ellinor, Section Leader, FWC DMFM
Cornrnission
Re: Funding Recommendation for FWC-21194, Hurricane Recovery
RodneyChairman
Barreto Pursuant to 68-1.003 this memorandum is to request our approval of the
Chairman q Y ph'
Coral Gables recommendation by the FWC DMFM Disaster Relief Coordinator.
Michael W.Sole
Vice Chairman This request is regarding FWC-21194, which aims to conduct shoreline and
Tequesta nearshore marine debris removal in the Florida Keys. Large areas of this
Steven Hudson sensitive mangrove habitat remain littered with marine debris as a result of
Fort Lauderdale
Hurricane Irma. FWC will provide the funding to Monroe County as a subrecipient
Gary Lester to administer through a competitive solicitation process.
Oxford
Gary Nicklaus The proposed project start date is upon execution and will end January 30, 2022.
Jupiter
Given the short window for this program, coupled with difficult marine
Sonya Rood
St.Augustine conditions typical during this month, Monroe County and FWC DMFM are
Robert Spottswood requesting a retroactive start date of ten (10) days prior to execution.
Key West
Please indicate your approval by signing below.
Eiecuti,e��irec: r
Eric Sutton
Executive Director
Thomas H.Eason,Ph.D. Approved for funding:
Assistant Executive Director
Jennifer Fitzwater
Chief of Staff
Aj1Z 1
A5— rAC&
c Sutto , Executiv' D rector, F 'C ate
Jessica McCawley
Director
(850)487-0554
(850)487-4847 FAX
Managing fish and wildlife
resources for their long-term
well-being and the benefit
of people.
620 South Meridian Street
Tallahassee,Florida
32399-1600
Voice:850-488-4676
HearinVspeech-impaired:
800-955-8771(T)
800 955-8770(V)
MyFWC.com