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#10/18/2001 Agreement Clerk 01 De Circul coon Danny L. Kolhage Phone: 292-3550 Fax: 295-3663 Memnrandum To: Tim McGarry, Director Growth Management Division Attn: Kim McGee, Marine Projects Coordinator From: Isabel C. DeSantis, II ~ Deputy Clerk '01 . C -/7 . Date: Tuesday, October 30, 2001 At the BOCC meeting of October 18, 2001, the Board granted approval and authorized execution ofFWC Grant No. 01010 between Monroe County and the Florida Fish and Wildlife Conservation Commission for derelict vessel removal 2001-2002. Attached hereto are two (2) duplicate originals of the subject document executed by Monroe County for your handling. Please be sure that the copy marked CLERK'S ORIGINAL is returned to this office as quickly as possible. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney Finance ~ile FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DERELICT VESSEL REMOVAL GRANT AGREEMENT FWC GRANT NO 01010 THIS AGREEMENT is entered into between the FLORIDA FISH AND WILDLIFE CONSERV AnON COMMISSION, hereinafter referred to as the "COMMISSION", and Monroe County Board of County Commissioners. whose address is 5100 CoIIeee Road. Room 410. Kev West. Florida 33040,and hereinafter referred to as the "GRANTEE". WITNESSETH: WHEREAS, the COMMISSION has established a program to provide grants to coastal local governments for the removal of derelict vessels from the public waters of the state pursuant to Section 3 76. 15(2)(b), Florida Statutes, hereinafter referred to as the "Program"; '" ~ <::::>." WHEREAS, a GRANTEE is a coastal local goyemmeot as defioed by Florida Statutes; '2~; ~ NOW THEREFORE, the COMMISSION and the GRANTEE do hereby mutually agree as fol,~~ .i- 6 ~::l;}c~ ;;0 1. Definition. Scope and Ouality of Grant Services ~g;. ~ ~ r- C') N ("') a. The GRANTEE shall administer the removal and disposal of designated dereltct ~ssetS:as an~ independent governmental authority and not as an employee, agent, or representative of'the 0 COMMISSION. b. No vessel shall be eligible for removal or disposal by the GRANTEE unless and until said vessel has been designated as a derelict vessel by the COMMISSION's Bureau of Marine Enforcement as prescribed by General Order of the COMMISSION's Division of Law Enforcement. c. Only derelict vessels that appear on the Derelict Vessel List, Attachment A, which is made a part of this Agreement by reference, are eligible for grant monies. d. Authorized disposal sites for derelict vessels shall be limited to permitted artificial reef sites, permitted landfill locations and permitted recycled materials centers. Exceptions to this requirement must be approved in writing by the Executive Director of the COMMISSION. e. No grant monies for the removal or disposal of a given derelict vessel shall be paid to the GRANTEE until said vessel has been legally removed and disposed of, and such removal and disposal properly documented by the GRANTEE. For derelict vessels disposed in a landfill, the documentation must be a landfill receipt clearly marked with the derelict vessel number and date of disposal for each derelict vessel. f. The GRANTEE shall be responsible for obtaining all state, local and federal permits and licenses required for the removal and disposal of the designated derelict vessels. The GRANTEE shall fully comply with all applicable laws, ordinances, and codes of state, federal and local governments which are applicable to the work accomplished pursuant to this Agreement. Full responsibility for such compliance shall rest with the GRANTEE. DV#01-01 FWCC 01010 Page 1 of 9 g. Any pollutant found to be contained within a designated derelict vessel shall be removed and properly disposed of in accordance with applicable laws by the GRANTEE prior to the removal of the derelict vessel. h. The GRANTEE shall be entitled to the salvage value of any grant-designated derelict vessel or any partes) or accessories thereof, excluding the hull, not used in the construction of a permitted artificial reef site. All such salvage activities not essential to the physical removal of a derelict vessel shall be accomplished after the vessel has been removed from public waters. The salvage value of each vessel shall be deducted by the GRANTEE when determining the removal and disposal costs for each derelict vessel. I. The GRANTEE agrees that all work shall be performed satisfactorily as determined by the COMMISSION by competent employees experienced and qualified to do the work specified in this Agreement, and that all work will be performed in accordance with the best commercial practices and without unnecessary delays. The GRANTEE and its subcontractors shall use suitable, modem equipment necessary for the satisfactory execution of this Agreement. J. The GRANTEE shall not be entitled to payment from grant funds for any designated derelict vessel for which the removal and disposal of same was accomplished prior to the award of the grant or subsequent to the close ofthe grant period established by the COMMISSION. k. The GRANTEE shall maintain insurance coverage, either through a self-insurance program or purchase of coverage from an authorized insurer, to protect the GRANTEE from any and all claims, including pollutant spillage and death, which may arise from operations under this Agreement. The GRANTEE'S insurance shall, at a minimum be sufficient to pay a claim or a judgement, or portions thereof, of $200,000 per incidence or occurrence. The GRANTEE shall require any subcontractor to carry insurance coverage as necessary to protect the subcontractor and GRANTEE from any and all claims arising out of the subcontractor's participation in activities related to this program. Certificates of such insurance shall be subject to the approval of the COMMISSION for adequacy of protection and name the COMMISSION, the Board of Trustees of the Internal Improvement Trust Fund and the State of Florida as additional insureds. All certificates of insurance shall contain a provision that the insurance will not be cancelled for any reason except after thirty(30) days written notice to the COMMISSION'S project manager. I. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of GRANTEE's employees connected with the work of this project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under the Workers' Compensation statute, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of GRANTEE's employees not otherwise protected. The GRANTEE agrees to supply the COMMISSION with proof of insurance, the types and coverage outlined by the COMMISSION. The GRANTEE shall provide to the COMMISSION a true copy ofthe insurance herein required prior to the execution ofthe related agreement through the issuance of a purchase order or the execution of a formal contract. DV#01-01 FWCC 01010 Page 2 of 9 m. Should the derelict vessel rightful owner be discovered, the GRANTEE shall make a reasonable effort to recover from the derelict vessel owner(s) all grant funded removal and disposal costs incurred pursuant to this Agreement. Any such recovered monies shall be reimbursed to the COMMISSION, with a check marked restitution of derelict vessel removal, and Agreement number 01010. n. An awarded Derelict Vessel Removal Grant shall be su~iect to pre-audit and post-audit review by the COMMISSION or its representative. All records and documents of the GRANTEE pertaining to this Grant shall be maintained by the GRANTEE for a minimum of three (3) fiscal years following the end of the fiscal year in which final grant payment is made by the COMMISSION to the GRANTEE. Said records and documents shall be made available to the COMMISSION or its representative upon request. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for payment verification purposes by the COMMISSION or its duly authorized agent. In the event any work is subcontracted, the GRANTEE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 2. Dispositions. Status Reports. and Chanee Orders of Derelict Vessels a. The derelict vessels listed in the GRANTEE's "Derelict Vessel Listing", Attachment A, which is made part of this Agreement, shall be removed and disposed of by the GRANTEE to the extent grant reimbursement funds allow, unless during the time of removal a listed vessel is no longer on site, in accordance with the provisions of this Agreement. b. The COMMISSION may at any time, by written order designated to be a change order, make any change in the list of vessels to be removed under this Agreement. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the total amount of the grant or grant period shall require an appropriate adjustment and modification (formal amendment) to this Agreement. It is the intention of the COMMISSION and the GRANTEE that no evidence of any waiver or modification or amendment shall be offered or received in evidence in any proceeding or litigation between the parties arising out of or affecting this Agreement unless such waiver, or modification or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements. c. The GRANTEE is required under the terms of this Agreement to forward monthly progress reports to the COMMISSION detailing the exact status of each derelict vessel with regard to the removal process. Failure to make these progress reports to the COMMISSION shall be deemed a material breach of the Agreement and may subject the GRANTEE to cancellation of the Agreement. 3. Reimbursements a. The COMMISSION shall pay, on a cost reimbursement basis, to the GRANTEE, actual expenses incurred up to a total grant amount not to exceed $193,000.00 under this Agreement. Payment requests and expenditure documentation shall be submitted in accordance with, and on the forms included in, the Grant and Contract Accountability Policy and in sufficient detail for a proper pre-audit and post-audit thereof. However, reimbursement to the GRANTEE shall be net of salvage as referenced in Paragraph l(h). Salvage recovery must be documented DV#OI-OI FWCC 01010 Page 3 of 9 as required by the COMMISSION. Reimbursement under this Agreement does not include travel or any administrative costs. The COMMISSION's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. b. The request for compensation shall consist of; A) An invoice on the GRANTEE's letterhead, clearly marked "Invoice", that makes reference to FWC Grant Agreement number, 01010; B) A visual verification of removal report entitled "Incident/Summary Report Narrative", (FWC/DLE-045A), from your district FWC office that indicates the derelict vessel(s) have been removed; C) Photograph's of the actual removal for each derelict vessel removed under this Agreement, and D) The form entitled "Disposition Certification" for Derelict Vessels completed, and notarized. c. Up to two invoices may be allowed under this Agreement. Under existing: budl!et authority. the first invoice must be received no later than June 1. 2002. to assure the availability of funds for oayment. A second and final invoice date may be extended by the COMMISSION, at its discretion, if budget authority is certified forward as outlined in the Term of Agreement section, and contingent upon satisfactory performance to date by the GRANTEE. d. Only eligible costs identified in the Grant and Contract Accountability Policy shall be allowable. All minor details necessary for proper completion of the work herein specified shall be accomplished by the GRANTEE without additional expense to the COMMISSION. e. Verification of compliance with the grant terms and conditions must be completed by the COMMISSION, and payment will be authorized within 30 days after receipt by the COMMISSION of the required "Disposition Certification for Derelict Vessels", and a proper invoice with supporting schedules and documentation of allowable expenses incurred. 4. Term of Al!reement The grant period shall begin on the date of execution, and end no later than November 1. 2002. It is understood and agreed that budget authority for this Agreement ends June 30. 2002. and the COMMISSION's authority to authorize spending under the Agreement beyond that date is contingent upon certification forward of grant funds by the Governor's Budget Office, of which there is no guarantee. Therefore. the GRANTEE shall not be reimbursed for activities beyond May 21. 2002. unless and until notified otherwise by the COMMISSION. If grant funds are certified forward, the COMMISSION may, at its discretion, notify the GRANTEE by certified letter of the additional budget authority, and thereby authorize the GRANTEE to continue grant activities through the remaining term ofthe Agreement. 5. Monitoring: The GRANTEE shall permit the COMMISSION, or its duly authorized representative, to monitor the removal and disposal of derelict vessels covered by this Agreement as deemed necessary by the COMMISSION. 6. Liability Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. DV#01-01 FWCC 01010 Page 4 of 9 7. Termination of Aereement a. This Agreement may be terminated by either party, for failure to perform by the non- terminating party, by giving thirty (30) calendar days written notice to the other party. Said notice shall be sufficient if delivered personally or by certified mail to the address contained herein. In case of termination, the GRANTEE will not be reimbursed for any work performed after receipt of the written notice. b. The COMMISSION shall have the right to terminate this Agreement and demand refund of Program funds in the event of fraud, willful misconduct, or any breach of terms and conditions of this Agreement. Failure to comply with the provisions shall result in the COMMISSION declaring the GRANTEE ineligible for further participation in the Program. 8. Public Records Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public record and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. 9. Non-Exclusive Basis As a condition of this agreement, the GRANTEE and fits subcontractors, if any, hereby covenant and agree not to discriminate against any individuals's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring pursuant to this Agreement. 10. Prohibit Lobbvin2 Exoenditure In accordance with Section 216.347, Florida Statues, this Agreement strictly prohibits the expenditure of Derelict Vessel Removal Grant funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 11. FederallFlorida Sinele Audit Acts Requirements Effective July 1,2000, the Florida Single Audit Act requires all non-State organizations who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 216.3491, Florida Statutes. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements ofOMB Circular A-l33. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment B, titled "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 12. COMMISSION Mana2ement of A2reement The COMMISSION'S Project Manager is Boating and Waterwav Safety Coordinator, Division of Law Enforcement, Boating Safety and Waterway Management, Phone 850-488-5600. The GRANTEE'S PrQject Manager is Marine Proiects Coordinator. Phone (05)292-4511. All matters shall be directed to the Project Managers for appropriate action or disposition. DV#01-01 FWCC 01010 Page 5 of 9 13. CorresDondence Mailin!! Addresses Any and all notices shall be delivered to the parties at the following addresses: GRANTEE Monroe County Marine Pr~iects Coordinator 5100 College Road Key West, Florida 33040 COMMISSION Florida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 South Meridian Street Tallahassee, Florida 32399-1600 14. Public Entity Crime Vendors In accordance with section 287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, consultant or by any other manner under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount under Category Two provided in Section 287.017, Florida Statutes, for a period of 36 months from the date of being placed on the convicted vendor list. 15. Prohibition of Discriminatory Vendors In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 16. Conflict of Interest The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would contlict in any manner or degree with the performance of services required. 17. JUry Trial Waiver As consideration of this Agreement, 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 Agreement. 18. Laws of Florida. Severability. and Venue This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. The parties agree that Leon County, Florida, shall be the venue for all actions, at law or in equity, arising herefrom, to the exclusion of all other lawful venues. 19. Waiver No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power, or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 20. Taxes DV#01-01 FWCC 01010 Page 6 of 9 The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 21. Riehts of Third Parties This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 22. Assi~nment This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. 23. SubcontractiDl! The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the COMMISSION and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 24. P.R.I.D.E. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Agreement shall be purchased from the corporation identified under chapter 946, Florida Statutes, if available, in the same manner and under the same procedures set forth in Section 946.515(2), (4), Florida Statutes; and for the purposes of this Agreement the person, firm or other business entity carrying out the provisions ofthis Agreement shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. This "corporation identified' is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E) which may be contacted at: P.R.I.D.E. 12425 28th Street North St. Petersburg, Florida 33716 Telephone: (727) 572-1987 25. Prohibition aeainst Contineent Fees The GRANTEE warrants that it has not employed or retained any company or person, other than a bona fide employee workin~ solely for the GRANTEE to solicit or secure this A~eement and that it has not paid or a~reed to pay any person, company, corporation, individual, or firm, other than a bona fide employee workin~ solely for the GRANTEE any fee, commission, percenta~e, ~ift or other consideration contingent upon or resulting from the award or making of this Agreement. 26. Comolete Aereement This Agreement contains the complete Agreement between the COMMISSION and the GRANTEE and, as of the effective date hereof, shall supersede all other agreements, communications or representations, either verbal or written, between the COMMISSION and the GRANTEE. DV#OI-OI FWCC 01010 Page 7 of 9 The COMMISSION and the GRANTEE stipulate that neither of them has made any representations except such representations as are specifically contained within this Agreement. The COMMISSION and the GRANTEE further acknowledge that any payments or representations that may have been made outside of those specifically contained herein are of no binding effect and have not been relied upon by either party in its dealings with the other in entering into this Agreement THE REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK DV#01-01 FWCC 01010 Page 8 of 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last below written. MONROE COUNTY BOARD OF COUNTY CO MISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ~d- Date lo7f 'it/OJ G[Odi NWC-;~tll N ame(Print) (VlA'Y02_- .4. f ,e ~J.JU1: r# d)1~L./ Ifbr;/of Director, Division of Law Enforcement Date Title fV1 V N l4J f--/ County Name Approved as to form and legality: // ty.{) ? ( ;VI prlfflCJ 5 ( Address unsel k- (,l-( tJ fL?( F" 1- 3::tJrf2J City, State and Zip Code ' (SEAL) ATTEST: DANNY l. KOLHAGE, aERK sJhaMC .~~ DEPUTY CLERK I 0 - J 8 -0 I Federal Employment Identification Number 59-6000-749 Remittance Address: :;It-f1 E Address City, State and Zip Code *If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the county must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Type Attachment A: Attachment B: Exhibit 1: Description Derelict Vessel Listing Requirements of the State and Federal Single Audit Acts Funds awarded to the recipient DV#01-01 FWCC 01010 Page 9 of 9 0 * ... ~ a > c: "&. ~ e 3 2- ~ Q. ::s fD ..... t2 :;t: - -. f') - ~ fD Oi ""I ~ fD oog ----::1. a; -. 0- CT" ~ ~ ~. 0Cl ::s ~ Q.. CT" '< '"T'l ~ (J '-" )10 )10 )10 )10 )10 )10 )10 )10 )10 --, "'tl ::r )10 I sa --. )10 - 0 tf.l ....., (') -, I 1(1) ::s 0 I I (I) 0 "0 II > I *; '< ..... ,.,. t/) 0 ::r ,.,. 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(I) . . g :3 Z a ~ ,.,. ~ s ~. 0 ~ ;. ;~ g' ~0Cl I_I ::s e .. ~ o. l :; 1-" ::s OQ J ~ ~ l I I I - I I ~8 I I I L I I ~ t!j '=' t!j t""l - n ~> ~~ 00> oon ~= 00:: ~t!j Oz eo~ t!j> ~ :: o < t!j ~ Derelict Vessel Removal List-2001-2002 DV# LENGTH COST 2223" 60' 60,000 -. ~ 2269 ,/ 21 ' 2, 1 00 ci~~h' Rc2.~ ~'d<f~ 30' 3,000 16' 1,600 3193 v 18' 1,800 3195 " f 16' 1,600 3211 \ J~c1A (A(\-t(<:o oIJO) 16' 1,600 3212 '. 16' 1,600 3217 ~' 14' 1,400 3228 v 17' 1,700 3229 \" 25' 2,500 3239'1 18' 1,800 3240 v 16' 1 ,600 3241 v- 18' 1,800 3246 V 18' 1,800 3247- V 16' 1,600 3254 \/ 21 ' 2,100 3255 v 16' 1,600 3264, 36' 3,600 3267, 19' 1,900 3281\ 18' 1,800 328-3,. 40' 4,000 3284. 18' 1,800 3285 'I ,.JZ-,r 1,200 3303,. 18' 1,800 3305 14' 1,400 3306 18' 1,800 3309 16' 1,600 3311 21 ' 2,100 3330.. 12' 1,200 3357 35' 3,500 3373. 8' 800 0 3375_ 21 ' 2,100 3384" 26' 2,600 0 3388 l 21 ' 2, 1 00 3389'" 16' 1,600 - 0 3390 \ 25' 2,500 3391 v 30' 3,000 3409 19' 1,900 3413 v 25' 2,500 3414 25' 2,500 3415 22' 2,200 3418 v' 20' 2,000 3420 v 18' 1,800 3424. 22' 2,200 34271,. 14' 1,400 3428 v 17' 1,700 343.1. 24' 2,400 3434,> 20' 2,000 3436 25' 2,500 3437 20' 2,000 3438 12' 1,200 3439 " 10' 1,000 3442 65' 25,000 - 3444 20' 2,000 3445 41 ' 4,100 3446 21 ' 2,100 3448 24' 2,400 3449 21 ' 2,100 3450 17' 1,700 3451 ' 12' 1,200 3452 . 12' 1,200 3453 12' 1,200 3454 100' 50,000 - 3455 45' 4,500 3456 120 70,000 - 3457 21' 2,100 3458 17' 1,700 3459 17' 1,700 3460 23' 2,300 3461 21 ' 2, 1 00 346:2 12' 1,200 3463 15' 1,500 3464 35' 3,500 3465 16' 1,600 3467 19' 1,900 () 3468 52' 10,000 ----- - 3469 24' 2,400 0 3474 14' 1,400 ,/ 0 / "'-/1 \ ' , Total-$363,800.00 / :I .' ~,~ i \.., , .., * *** All vessels to be disposed of at permitted disposal sites or recycling centers. None will be utilized as artificial reefs. ATTACHMENT B REQUIREMENTS OF THE STATE AND FEDERAL SINGLE AUDIT ACTS The administration of funds awarded by the Commission to the Contractor/Grantee 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 OMS Circular A-133, as revised (see "AUDITS. below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processed deemed appropriate by the Commission. In the event the additional instructions provided by the Commission 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 Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Commission by this agreement. In including Federal funds received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2 in connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provide in Subpart C 0 OMB Circular A-133, as revised. 3 If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (Le.,the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State awards (Le., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Commission by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards. including State funds received from the Commission except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2 In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(23)(d). Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3 If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost ofthe audit must be paid from non-State funds (Le., the cost of such an audit must be paid from recipient funds obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Commission at each of the following addresses: FWCC Program Grants Manager Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian Street Tallahassee, Florida 32399-1600 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10111 Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. 2 Pursuant to Section .320(t), OMS Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMS Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at each of the following addresses: A. The Commission at each of the following addresses: Program Grants Manager Florida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian Street Tallahassee, Florida 32399-1600 3 Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following addresses: A. The Commission's Project Manager, and Audit Director Program Grants Manager Florida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian Street Tallahassee, Florida 32399-1600 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. Copies of reports or management letters required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Commission's Project Manager, and Audit Director Program Grants Manager Florida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian Street Tallahassee, Florida 32399-1600 5. Any reports, management letters, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Commission for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period ofthree years from the date the audit report is issued, and shall allow the Commission or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Commission. EXHIBIT - 1 FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS: None SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Agency: State Program Title: CSF A Number: GRANTEE: Amount: FLORIDA FISH AND WILDLIFE CONSERV A nON COMMISSION Derelict Vessel Removal Grant Program 77 .005 Monroe County $193,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO ST ATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None