12/08/2022 Agreement RECIPIENT/SUBRECIPIENT AGREEMENT
STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
FWC Agreement No. 922143
Federal Grant Information
CFDA Title(s): N/A CFDA No(s).: N/A
Name of Federal Agency(s): N/A
Federal Award No(s): N/A Federal Award Year(s):N/A
Federal Award Name(s): N/A
State Grant Information
CSFA Title(s).: Derelict Vessel Removal Grant CSFA No(s). 77.005:
State Award No(s).: 22143 State Award Year(s): 2022/2023
State Award Name(s): Monroe County BOCC
This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission,whose
address is 620 South Meridian Street, Tallahassee, Florida 32399-1600,hereafter"Commission"or"FWC," and
Monroe County BOCC, 59-6000749,whose address is 2798 Overseas Highway, Suite 420 Marathon, Florida
33050, the Recipient/Subrecipient,hereinafter"Recipient", collectively, "Parties".
INTRODUCTORY CLAUSES
WHEREAS, Commission and Recipient intend to partner together to remove derelict vessels from the waters of
this State, and;
WHEREAS, such benefits are for the ultimate good of the State of Florida,its resources,wildlife, and public
welfare.
TERMS OF THE AGREEMENT
The Commission and the Recipient, for the considerations stated in this Agreement, agree as follows:
Section 1. PROJECT DESCRIPTION.
The Recipient shall provide the services and perform the specific responsibilities and obligations, as set forth in
the Scope of Work, attached hereto as Attachment A,which 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
FWC Agreement No. 922143
minimum level of service to be performed and the criteria for evaluating the successful completion of each
deliverable. If this Agreement is the result of Recipient responses to the Commission's request for competitive or
other grant proposals, the Recipient's response is hereby incorporated by reference.
Section 2. PERFORMANCE.
The Recipient shall perform the activities described in Attachment A in a proper and satisfactory manner. Unless
otherwise provided for in Attachment A, any and all equipment,products or materials necessary or appropriate to
perform under this Agreement shall be supplied by the Recipient. The Recipient shall obtain all necessary local,
state, and federal authorizations necessary to complete this project, and the Recipient shall be licensed as
necessary to perform under this Agreement as may be required by law,rule, or regulation; the Recipient shall
provide evidence of such compliance to the Commission upon request. The Recipient shall procure all supplies
and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By
acceptance of this Agreement, the Recipient warrants that it has the capability in all respects to fully perform the
requirements and the integrity and reliability that will assure good-faith performance as a responsible Recipient.
The Recipient shall immediately notify the Commission's Grant Manager in writing if its ability to perform under
the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take
appropriate action,including potential termination of this Agreement,in the event the Recipient's ability to
perform under this Agreement becomes compromised.
Section 3. AGREEMENT PERIOD.
A.Agreement Period and Commission's Limited Obligation to Pay.
The Agreement shall be effective upon execution by the last Party to sign and shall remain in effect through
03/10/2023.
However, if this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the
referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60)
days,provided that approval is granted from the Executive Director or his/her designee and that it is in the
best interest of the Commission and State to do so. For this Agreement, the retroactive start date was not
approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by
written notice to the Recipient. The Recipient shall not be eligible for reimbursement or compensation for
grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement.
For this Agreement,pre-award costs are not eligible for reimbursement. If necessary,by mutual agreement
as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be
executed to lengthen the Agreement period.
B. Extension.
The Commission may extend this Agreement upon agreement of both Parties through an Amendment,
provided the funding source permits additional time prior to expiration of funding.
Section 4. COMPENSATION AND PAYMENTS.
A. Compensation.
As consideration for the services rendered by the Contractor under the terms of this Agreement, the
Commission shall pay the Recipient on a cost reimbursement basis in an amount not to exceed
$204,000.00.
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B. Payments.
The Commission shall pay the Recipient for satisfactory performance of the tasks identified in 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 Grant Manager.Unless otherwise specified in Attachment A,
invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible
and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement
for the invoice period. Unless otherwise specified in Attachment A, a final invoice shall be submitted to the
Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the
availability of funds for payment. Further,pursuant to Section 215.971(1)(d), F.S., the Commission may
only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period.
C. Invoices.
Each invoice shall include the Commission Agreement Number and the Recipient's Federal Employer
Identification (FEID)Number. Invoices, with supporting documentation, may be submitted electronically
to the attention of the Commission's Grant Manager. If submitting hard copies, an original and two (2)
copies of the invoice,plus all supporting documentation, shall be submitted. All bills for amounts due
under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof.
Recipient acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation
necessary to justify invoiced expenses.
D. Match
If this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the Recipient
is not required to contribute non-federal match towards this Agreement. If applicable, details regarding
specific match requirements are included in Attachment A.
E. State Obligation to Pay.
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this
Agreement is not a commitment to future appropriations but is subject to appropriation and authority to
spend provided by the Legislature. The Commission shall be the final authority as to the availability of
funds for this Agreement, and as to what constitutes an "annual appropriation"of funds to complete this
Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not
constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall
notify the Recipient 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 Recipient 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, Recipient warrants,by execution of this Agreement, that
the amount of non-competitive compensation provided in this Agreement is in compliance with Section
216.3475, F.S.
G. Cost Reimbursement
If the Compensation section indicates this is a cost reimbursement Agreement, the Recipient shall be paid
on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of
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each deliverable identified in Attachment A. To be eligible for reimbursement, costs must follow the
requirements of Section 215.971, F.S. and must also be in compliance with other laws, rules, and
regulations applicable to expenditures of State funds, including,but not limited to, the Reference Guide for
State Expenditures.
Invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the
approved Agreement budget. Additionally, the invoice must evidence the completion of all tasks required
to be performed for the deliverable and must show that the Recipient met the minimum performance
standards established in the Agreement. The Commission is required to maintain detailed supporting
documentation and to make it available for audit purposes. By submission of the payment request, the
Commission is certifying that the detailed documentation to support each item on the itemized invoice is on
file at the agency and is available for audit.
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 Agreement
budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to
the services being provided. The Commission may require more detailed documentation as deemed
appropriate to satisfy that the terms of the Agreement have been met.
Listed below are types and examples of their supporting documentation:
i. Salaries: Timesheets that support the hours worked on the project or activity must be kept. A
payroll register or similar documentation should be submitted and maintained. 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.
ii. Tuition: If the Commission determines tuition, stipends, and/or waivers are allowable costs, the
payments must result from obligations incurred during the specified Agreement period.
Documentation must be provided to show compliance with 215.971, F.S. Examples include but are
not limited to keeping timesheets/time and effort reports/logs that support the hours worked on the
pro]ect or activity. If an individual for whom tuition, stipends and/or waivers are being claimed are
paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.
iii. Fringe Benefits: Supported by invoices showing the amount paid on behalf of the employee (e.g.,
insurance premiums paid). If the Agreement 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.
a. Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
iv. Travel: To the extent the Commission determines travel is an allowable cost, 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 along with supporting receipts and invoices.
V. Other Direct Costs: To the extent the Commission determines other direct costs are allowable,
reimbursement will be made based on paid invoices/receipts and proof of payment processing
(cancelled/processed checks and bank statements).
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vi. 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.
vii. Indirect Costs: To the extent the Commission determines that indirect costs are allowable, and the
Agreement specifies that indirect costs will be paid based on a specified rate, then the calculation
should be provided in the Agreement's budget breakdown. Indirect costs must be in the approved
Agreement budget and the Recipient must be able to demonstrate that the costs are not duplicated
elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for
allowability and must be allocated consistently.
For cost reimbursement Agreements 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.
H. Time Limits for Payment of Invoices.
Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits
for payment of invoices. Section 215.422, F.S.provides that agencies have five (5) working days to inspect
and approve Deliverables,unless 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 Deliverables are received,
inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to
Section 55.03(1), F.S.,will be due and payable in addition to the invoice amount. Invoices returned to a
Recipient due to preparation errors will result in a payment delay. Invoice payment requirements do not
start until a properly completed invoice is provided to the agency.
I. Electronic Funds Transfer.
Recipient agrees to enroll in Electronic Funds Transfer(EFT), offered by the State's Chief Financial
Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the
Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at:
https://www.myfloridacfo.com/division/aa/vendors. Questions should be directed to the State of Florida's
EFT Section at(850) 413-5517. Once enrolled, invoice payments will be made by EFT.
J.Vendor Ombudsman.
A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from a State agency, may be contacted at(850) 413-5516 or by
calling the Chief Financial Officer's Hotline, (800) 342-2762.
Section 5. RETURN OR RECOUPMENT OF FUNDS
A. Unobligated Funds.
Pursuant to Section 215.971(1)(d)-(e), F.S., the Commission may only pay the Recipient for allowable
costs resulting from obligations incurred during the Agreement period, and any balance of unobligated
funds that has been advanced or paid must be refunded to the Commission. Any funds paid in excess of the
amount to which the Recipient is entitled under the terms and conditions of the Agreement must be
refunded to the Commission as well.
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B. Overpayments to Recipient.
Pursuant to Section 215.971(1)(f), F.S., any funds paid in excess of the amount to which the Recipient is
entitled under the terms and conditions of the Agreement must be refunded to the Commission. In the event
the Recipient or its independent auditor discovers that overpayment has been made, the Recipient shall
repay said overpayment within forty (40) calendar days without prior notification from the Commission. In
the event the Commission first discovers an overpayment has been made, the Commission will notify the
Recipient in writing. Should repayment not be made in a timely manner, the Commission shall be entitled
to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the
outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds
should be sent to the Commission's Grant Manager and made payable to the "Florida Fish and Wildlife
Conservation Commission."
C.Additional Costs or Monetary Loss Resulting from Recipient Non-Compliance.
If the Recipient's non-compliance with any provision of the Agreement results in additional cost or
monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the
Commission can recoup that cost or loss from monies owed to the Recipient under this Agreement or any
other agreement between Recipient and the Commission. In the event the discovery of this cost or loss
arises when no monies are available under this Agreement or any other agreement between the Recipient
and the Commission, the Recipient 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 Recipient 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.
Section 6. COMMISSION EXEMPT FROM TAXES,PROPERTY EXEMPT FROM LIEN.
A. Commission Exempt from Taxes.
The Recipient 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. The Recipient is placed on
notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients,
contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the
Commission's Grant Manager.
B. Property Exempt from Lien.
If the Agreement involves the improvement of real property titled to the State of Florida, then the following
paragraph applies:
The Recipient 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 Recipient shall include notice of such exemptions in any
subcontracts and purchase orders issued hereunder.
Section 7. MONITORING.
The Commission's Grant Manager shall actively monitor the Recipient's performance and compliance with the
terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or
unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and
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conditions are found in the Requirements of the Federal and Florida Single Audit Acts, Attachment B. Monitoring
terms, conditions, and schedules may be included in Attachment A.
Section 8. TERMINATION.
A. Commission Unilateral Termination.
The Commission may unilaterally terminate this Agreement for convenience by providing the Recipient
with thirty (30) calendar days of written notice of its intent to terminate. The Recipient shall not be entitled
to recover any cancellation charges or lost profits. The Recipient may request termination of the Agreement
for convenience.
B. Termination—Fraud or Willful Misconduct.
This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of
such termination, the Commission shall provide the Recipient with written notice of termination.
C. Termination -Funds Unavailability.
In the event funds to finance this Agreement become unavailable or if federal or state funds upon which
this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement
upon no less than twenty-four(24) hours' notice in writing to the Recipient. Said notice shall be delivered
by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the
final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement
to another program thus causing "lack of funds." In the event of termination of this Agreement under this
provision, the Recipient 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 Recipient fails to: 1.) comply with all terms and
conditions of this Agreement; 2.)produce each deliverable within the time specified by the Agreement or
extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.)
abide by any statutory, regulatory, or licensing requirement. The Commission shall give written notice to
the Recipient of its intent to terminate the Agreement for cause. In the notice, the Commission shall provide
an opportunity for the Recipient to correct the deficiency or provide a corrective action plan to correct the
deficiency for the Commission,in its sole determination, to approve or disapprove. If no corrective action
plan is submitted and approved, the Recipient shall cure the deficiencies cited by the Commission in its
notice within fifteen (15) calendar days of receipt of such notice. If the Recipient does not cure the
deficiencies to the Commission's satisfaction within the fifteen (15) calendar days, or within the time
proscribed in an approved corrective action plan if one was provided, the Agreement will be terminated for
cause. At that time, the Commission will send a second notice to the Recipient noting that this Agreement
is being terminated for cause upon receipt of the notice and documenting the reasons this Agreement is
being terminated. The Commission reserves the right in its sole discretion, to determine if the Recipient's
deficiencies are legally excusable, or to extend the time to cure the deficiencies in writing. The Recipient's
damages for termination for cause shall be limited to the cost of work actually performed and approved by
the Commission. Section 287.1351, F.S., governs the procedure and consequences for default. The rights
and remedies of the Commission in this clause are in addition to any other rights and remedies provided by
law or under the Agreement. Recipient shall not be entitled to recover any cancellation charges.
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E. Recipient Discontinuation of Activities upon Termination Notice.
Upon receipt of notice of termination, the Recipient shall,unless the notice directs otherwise, immediately
discontinue all activities authorized hereunder. Upon termination of this Agreement, the Recipient 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.
Section 9. REMEDIES.
A. Financial Consequences.
In accordance with Sections 215.971(1)(a) & (b), F.S., Attachment A contains clearly established tasks in
quantifiable units of deliverables that must be received and accepted in writing by the agency before
payment. Each deliverable specifies the required minimum level of service to be performed and the criteria
for evaluating the successful completion of each deliverable. If the Recipient fails to produce each
deliverable within the time frame specified by Attachment A, the budget amount allocated for that
deliverable will be deducted from the Recipient's payment. In addition,pursuant to Section 215.971(1)(c),
the Commission shall apply any additional financial consequences, identified in Attachment A.
B. Cumulative Remedies.
The rights and remedies of the Commission during the Agreement period are in addition to any other rights
and remedies provided by law or under the Contract.
Section 10. NOTICES AND CORRESPONDENCE.
Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates
a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the
name, address, zip code, telephone, and email address of the newest Grant Manager, or an individual authorized to
receive notice on behalf of that Parry,to all other Parties as soon as possible,but not later than five (5)business
days after the new Grant Manager has been named. Designating a new Grant Manager shall not require a formal
Amendment to the Agreement.
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COMMISSION GRANT MANAGER RECIPIENT GRANT MANAGER CONTACT
CONTACT INFORMATION: INFORMATION:
Jennifer Tyler
Brittany Burtner
Assistant Administrator
Sr. Administrator, Marine Resources Office
Derelict Vessel Program Monroe County BOCC
Fish and Wildlife Conservation Commission
2798 Overseas Highway, Suite 420
620 S. Meridian Street, Room 92351 Marathon, Florida 33050
Tallahassee, Florida 32399
(305) 289-2805
(850) 617-9527 Direct
(305) 289-2536
Jennifer.Tyler@MyFWC.com
Brittany-burtner@MonroeCounty-fl.gov
Section II. AMENDMENT.
A.Waiver or Modification.
No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained
shall be valid unless in writing and lawfully executed by the Parties.
B. Change Orders.
The Commission may, at any time,by written order, make a change to this Agreement. Such changes are
subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an
increase or decrease in the Recipient'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 Agreement if federal and/or state revisions of any applicable laws or
regulations make changes in the Agreement necessary.
Section 12. PROPERTY RIGHTS.
If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, Office of Management and
Budget(OMB)Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply.
A. Intellectual and Other Intangible Property.
i. Recipient's Preexisting Intellectual Property(Proprietary)Rights.Unless specifically addressed
in Attachment A,intellectual and other intangible property rights to the Recipient's preexisting
property will remain with the Recipient.
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 Recipient under this Agreement for the Commission shall be
handled in the manner specified by the applicable Florida State Statute and/or Federal program
requirements.
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iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce
original writing, sound recordings,pictorial reproductions, drawings or other graphic representations
and works of any similar nature, the Commission and the State of Florida have the unlimited,
royalty-free,nonexclusive,irrevocable right to use, duplicate and disclose such materials in whole or
in part,in any manner, for any purpose whatsoever and to have others acting on behalf of the
Commission to do so. If this Agreement is supported by Federal funds,the Federal awarding agency
reserves a royalty-free,nonexclusive and irrevocable right to reproduce,publish, or otherwise use
the work for federal purposes, and to authorize others to do so.
B. Purchase or Improvement of Real Property.
This Agreement is not for the purchase or improvement of real property, therefore, the following terms and
conditions do not apply.
i. Federal Funds.Any Federal funds provided for the purchase of or improvements to real property
are subject to the Property Standards of Sections 200.310 -200.316, and 200.329, OMB Uniform
Guidance (2 CFR 200), as amended.
ii. Title.If this Agreement is supported by state funds, the Recipient shall comply with Section
287.05805, F.S. This section requires the Recipient 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. Title to state-owned
real property remains vested in the state. Title to federally owned real property remains vested in the
Federal government in accordance with the provisions of Section 200.312, OMB Uniform Guidance
(2 CFR 200), as amended.
iii. Use.Federally owned real property will be used for the originally authorized purpose as long as
needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200).
State-owned real property will be used as provided in Attachment A.
C. Non-Expendable Property.
i. Non-Expendable Property Defined. For the requirements of this section of the Agreement, "non-
expendable property"is the same as "property"as defined in Section 273.02, F.S. (equipment,
fixtures, and other tangible personal property of a non-consumable and non-expendable nature,with
a value or cost of$5,000.00 or more, and a normal expected life of one (1)year or more;hardback-
covered bound books that are circulated to students or the general public,with a value or cost of
$25.00 or more; and uncirculated hardback-covered bound books,with a value or cost of$250.00 or
more).
ii. Title to Non-Expendable Property. Title (ownership) to all non-expendable property acquired with
funds from this Agreement shall be vested in the Commission and said property shall be transferred
to the Commission upon completion or termination of the Agreement unless otherwise authorized in
writing by the Commission or unless otherwise specifically provided for in Attachment A.
D. Equipment and Supplies
i. Title - Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in
the non-Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance
(2 CFR 200).
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ii. Title— Supplies. Title to supplies will vest in the non-Federal entity upon acquisition.Unused
supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project
or program are subject to Section 200.314, OMB Uniform Guidance.
in. Use—Equipment. Equipment must be used by the non-Federal entity in the program or pro]ect for
which it was acquired as long as needed.
Section 13. RELATIONSHIP OF THE PARTIES.
A. Independent Recipients.
The Recipient shall perform as an independent Recipient and not as an agent, representative, or employee
of the Commission. The Recipient 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
Recipient and the Commission.
B. Recipient Training Qualifications.
The Recipient agrees that all Recipient employees, subcontractors, or agents performing work under the
Agreement shall be properly trained technicians who meet or exceed any specified training qualifications.
Upon request, Recipient shall furnish a copy of technical certification or other proof of qualification.
C. Commission Security.
All employees, subcontractors, or agents performing work under the Agreement must comply with all
security and administrative requirements of the Commission. The Commission may conduct, and the
Recipient shall cooperate in, a security background check or otherwise assess any employee, subcontractor,
or agent furnished by the Recipient. 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 Recipient of its obligation to perform all work in compliance with the Agreement. The
Commission,in coordination with the Recipient, may reject and bar from any facility for cause any of
Recipient's employees, subcontractors, or agents.
D. Commission Rights to Assign or Transfer.
The Recipient agrees that the State of Florida shall at all times be entitled to assign or transfer its rights,
duties, or obligations under this Agreement to another governmental agency in the State of Florida,upon
giving prior written notice to the Recipient.
E. Commission Rights to Undertake or Award Supplemental Contracts.
The Recipient agrees that the Commission may undertake or award supplemental agreements for work
related to the Agreement. The Recipient and its subcontractors shall cooperate with such other Recipients
and the Commission in all such cases.
Section 14. SUBCONTRACTS.
The Recipient is permitted to subcontract work under this Agreement, therefore, the following terms and
conditions apply.
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A.Authority.
The Recipient shall ensure, and provide assurances to the Commission upon request, that any
subcontractor selected for work under this Agreement has the necessary qualifications and abilities to
perform in accordance with the terms and conditions of this Agreement. The Recipient must provide the
Commission with the names of any subcontractor considered for work under this Agreement; the
Commission reserves the right to reject any subcontractor. The Recipient 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 Recipient further agrees
that the Commission shall not be liable to any subcontractor for any expenses or liabilities incurred under
the subcontract. The Recipient, at its expense, will defend the Commission against such claims. The
following provisions apply in addition to any terms and conditions included in Attachment A.
B. Recipient Payments to Subcontractor.
If subcontracting is permitted pursuant to Paragraph A, above, Recipient agrees to make payments to the
subcontractor within seven (7) working days after receipt of full or partial payments from the Commission
in accordance with Section 287.0585, F.S.,unless otherwise stated in the agreement between the Recipient
and subcontractor. Recipient's failure to pay its subcontractors within seven (7)working days will result in
a penalty charged against the Recipient 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 shall retain the right to reject any of the Recipient'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 Recipient 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.
Section 15. MANDATORY DISCLOSURE.
These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding;
and by Federal law, as indicated, and apply when the Agreement includes a Federal award.
A. Disclosure of Interested State Employees.
This Agreement is subject to Chapter 112, F.S. Recipient shall provide the name of any officer, director,
employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the
Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform
Guidance (2 CFR 200). Recipient must disclose, in writing, any potential conflict of interest to the
Commission in accordance with applicable Federal awarding agency policy.
B. Convicted Vendors.
The Recipient hereby certifies that neither it,nor any person or affiliate of Recipient, has been convicted of
a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Recipient
shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient,
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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 Recipient, supplier, subcontractor or consultant under a contract with
any public entity and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, F.S., for Category Two for a period of thirty-six(36) months
from the date of being placed on the convicted vendor list. The State of Florida, Department of
Management Services,Division of State Purchasing provides listings for convicted, suspended,
discriminatory and federal excluded parties, as well as the vendor complaint list at:
https://www.dms.myflorida.corn/business,operations/state purchasing/state�a�_Yency resources/ven
dor registration and vendor lists
ii. Notice of Conviction of Public Entity Crime.Any person must notify the Department of
Management Services and the Commission,in writing,within thirty(30) days after conviction of a
public entity crime applicable to that person or an affiliate of that person as defined in Section
287.133, F.S.
iii. Vendors on Scrutinized Companies List. The Recipient certifies that it and any of its affiliates are
not scrutinized companies as identified in Section 287.135, F.S. In addition, the Recipient agrees to
observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into for
the performance of work under this Agreement.Pursuant to Section 287.135, F.S., the Commission
may immediately terminate this Agreement for cause if the Recipient,its affiliates, or its
subcontractors are found to have submitted a false certification; or if the Recipient,its affiliates, or
its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited
contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S.,
if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative.
C. Discriminatory Vendors.
The Recipient shall disclose to the Commission, in writing, if they, their subrecipient, contractor, or
subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of
Management Services pursuant to Section 287.134(3)(d),F.S. "An entity or affiliate who has been placed
on the discriminatory vendor list may not submit a bid,proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids,proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business
with any public entity." Section 287.134(2)(a),F.S. Recipient has a continuing duty to disclose to the
Commission whether they appear on the discriminatory vendor list.
D. Prompt Disclosure of Litigation,Investigations,Arbitration, or Administrative Proceedings.
Throughout the term of the Agreement, the Recipient has a continuing duty to promptly disclose to the
Commission's Grant Manager, in writing,upon occurrence, all civil or criminal litigation, investigations,
arbitration, or administrative proceedings (Proceedings) relating to or affecting the Recipient's ability to
perform under this Agreement. If the existence of such Proceeding causes the Commission concern that the
Recipient's ability or willingness to perform the Agreement is jeopardized,the Recipient may be required
to provide the Commission with reasonable assurances to demonstrate that: a.) the Recipient will be able to
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FWC Agreement No. 922143
perform the Agreement in accordance with its terms and conditions; and,b.) Recipient 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.
E. Certain Violations of Federal Criminal Law.
If this Agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform
Guidance (2 CFR 200), Recipient must disclose, in a timely manner, in writing to the Commission all
violations of Federal criminal law involving fraud,bribery, or gratuity violations potentially affecting the
Federal award.
Section 16. INSURANCE.
If the Recipient is a state or federal agency with self-insurance, Recipient warrants and represents that it is
insured, or self-insured for liability insurance,in accordance with applicable state or federal law and that such
insurance or self-insurance offers protection applicable to the Recipient's officers, employees, servants and agents
while acting within the scope of their employment with the Recipient.
If the Recipient is not a state or federal agency with self-insurance, then the following applies:
A. Reasonably Associated Insurance.
During the term of the Agreement, the Recipient, at its sole expense, shall maintain insurance coverage of
such types and with such terms and limits as may be reasonably associated with the Agreement. Providing
and maintaining adequate insurance coverage is a material obligation of the Recipient, and failure to
maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by
the Recipient shall not be interpreted as limiting the Recipient's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to write policies in
Florida.
B.Workers Compensation.
To the extent required by Chapter 440, F.S., the Recipient will either be self-insured for Worker's
Compensation claims or will secure and maintain during the life of this Agreement,Worker's
Compensation Insurance for all of its employees connected with the work of this project, with minimum
employers' liability limits of$100,000.00 per accident, $100,000.00 per person, and $500,000.00 policy
aggregate. Such policy shall cover all employees engaged in any contract work. If any work is
subcontracted, the Recipient 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 Recipient. Such self-insurance program or insurance coverage shall comply fully with the Florida
Workers' Compensation Law (Chapter 440, F.S.). In case any class of employees engaged in hazardous
work under this Agreement is not protected under Workers' Compensation statutes,the Recipient shall
provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Recipient, for the
protection of its employees not otherwise protected. Employers who have employees who are engaged in
work in Florida must use Florida rates, rules, and classifications for those employees.
C. General Liability Insurance.
By execution of this Agreement, unless Recipient is a state agency or subdivision as defined by Subsection
768.28(2), F.S. or unless otherwise provided for in Attachment A, the Recipient shall provide reasonable
and adequate commercial general liability insurance coverage and hold such liability insurance at all times
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FWC Agreement No. 922143
during the Agreement. A self-insurance program established and operating under the laws of the State of
Florida may provide such coverage.
D. Insurance Required for Performance.
During the Agreement term, the Recipient shall maintain any other types and forms of insurance required
for the performance of this Agreement as required in Attachment A.
E.Written Verification of Insurance.
Upon execution of this Agreement, the Recipient shall provide the Commission written verification of the
existence and amount for each type of applicable insurance coverage. Within thirty (30) days of the
effective date of the Agreement, Recipient shall furnish proof of applicable insurance coverage to the
Commission's Grant Manager by standard Association for Cooperative Operations Research and
Development(ACORD) form certificates of insurance. In the event that any applicable coverage is
cancelled by the insurer for any reason, Recipient shall immediately notify the Commission's Grant
Manager in writing of such cancellation and shall obtain adequate replacement coverage conforming to the
requirements herein and provide proof of such replacement coverage within fifteen (15)business days after
the cancellation of coverage.
F. Commission Not Responsible for Insurance Deductible.
The Commission shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of
Recipient providing such insurance.
Section 17. SPONSORSHIP.
As required by Section 286.25, F.S.,if the Recipient is a nongovernmental organization which sponsors a
program financed wholly or in part by state funds,including any funds obtained through this Agreement,it shall,
in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by(Recipient'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 Recipient's organization. Additional sponsorship requirements may be specified
in Attachment A.
Section 18. PUBLIC RECORDS.
A. All records in conjunction with this Agreement shall be public records and shall be treated in the same
manner as other public records that are under Chapter 119, F.S.
B. This Agreement may be unilaterally canceled by the Commission for refusal by the Recipient to allow
public access to all documents,papers, letters, or other material subject to the provisions of Chapter 119,
F.S., and made or received by the Recipient in conjunction with this Agreement,unless exemption for
such records is allowable under Florida law.
C. If the Recipient meets the definition of"Contractor"in Section 119.0701(1)(a)F.S.,the Recipient shall
comply with the following:
i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO
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FWC Agreement No. 922143
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: 850-488-6553,
RecordsCustodianf wc.c , and 620 South Meridian Street,
Tallahassee FL 32399
ii. Keep and maintain public records required by the Commission to perform the service.
iii. Upon request from the Commission's custodian of public records,provide the Commission with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided
by law.
iv. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the 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.
Section 19. COOPERATION WITH INSPECTOR GENERAL.
Pursuant to subsection 20.055(5), F.S., Recipient, and any subcontractor to the Recipient,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 Recipient shall provide
any type of information the Inspector General deems relevant to the Recipient's integrity or responsibility. Such
information may include,but shall not be limited to, the Recipient's business or financial records, documents,or
files of any type or form that refer to or relate to the Agreement. The Recipient 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 Recipient's compliance with the terms of this or any other agreement between the Recipient
and the State which results in the suspension or debarment of the Recipient. Such costs shall include but not be
limited to salaries of investigators,including overtime; travel and lodging expenses; and expert witness and
documentary fees.
Section 20. SECURITY AND CONFIDENTIALITY.
The Recipient shall maintain the security of any information created under this Agreement that is identified or
defined as "confidential"in Attachment A. The Recipient shall not divulge to third Parties any confidential
information obtained by the Recipient or its agents, distributors,resellers, subcontractors, officers or employees in
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the course of performing Agreement work. To ensure confidentiality, the Recipient shall take appropriate steps
regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement.
Section 21. RECORD KEEPING REQUIREMENTS.
A. Recipient Responsibilities.
The Recipient shall maintain accurate books, records, documents and other evidence that sufficiently and
properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement,
in accordance with generally accepted accounting principles.
B. State Access to Contractor Books,Documents,Papers, and Records.
The Recipient shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor
General of the State of Florida, the Florida Office of Program Policy Analysis and Government
Accountability or authorized representatives of the state or federal government to have access to any of the
Recipient's books, documents, papers, and records, including electronic storage media, as they may relate
to this Agreement, for the purposes of conducting audits or examinations or making excerpts or
transcriptions..
C. Recipient Records Retention.
Unless otherwise specified in Attachment A, 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 (https://dos.myflorida.com/library-
archives/records-mane eg ment/general-records-schedules/ ,whichever is longer. Recipient shall cooperate
with the Commission to facilitate the duplication and transfer of such records upon the Commission's
request.
D. Recipient Responsibility to Include Records Requirements—Subcontractors.
In the event any work is subcontracted under this Agreement, the Recipient shall include the
aforementioned audit and record keeping requirements in all subsequent contracts.
E. Compliance with Federal Funding Accountability and Transparency.
Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability
and Transparency Act(FFATA) of 2006. The intent of the FFATA is to empower every American with the
ability to hold the government accountable for each spending decision. The result is to reduce wasteful
spending in the government. The FFATA legislation requires that information on federal awards (federal
financial assistance and expenditures)be made available to the public via a single, searchable website:
www.USASpending.gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00
awarded on or after October 1, 2010, are subject to the FFATA. The Recipient agrees to provide the
information necessary, over the life of this Agreement, for the Commission to comply with this
requirement.
Section 22. FEDERAL AND FLORIDA SINGLE AUDIT ACT(FSAA)REQUIREMENTS.
Pursuant to the FSAA (or Federal)Vendor/Recipient Determination Checklist, the Recipient has been
determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore,
pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200),the Recipient may be subject to the
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FWC Agreement No. 922143
audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Recipient shall comply with
the audit requirements outlined in Attachment B, attached hereto and made a part of the Agreement, as applicable.
Section 23. FEDERAL COMPLIANCE.
As applicable, Recipient 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 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.
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.
Section 24. FEDERAL FUNDS.
No Federal Funds are applied to this Agreement, therefore, the following terms and conditions do not apply.
A. Prior Approval to Expend Federal Funds to Federal Agency or Employee.
It is understood and agreed that the Recipient is not authorized to expend any federal funds under this
Agreement 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), is applicable, except as otherwise provide under 41 CFR Part 60, to any grant, contract,
loan, insurance, or guarantee involving Federal assisted construction.
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C. Davis-Bacon Act.
Unless exempt, the Davis-Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor
regulations at 29 CFR Part 5 is 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. Davis-Bacon Act does not apply if
federal funding is solely provided by the American Rescue Plan Act(ARPA).
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), is 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), are 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 Contract or Agreement.
If the Federal award meets the definition of"funding agreement"under 37 CFR 401.2(a) and the Recipient
or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental, or
research work under the "funding agreement,"the Recipient or Subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing
regulations issued by the awarding agency.
G. Energy Efficiency.
Mandatory standards and policies relating to energy efficiency which are contained in the State energy
conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89
Stat. 871) applies.
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
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FWC Agreement No. 922143
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. Recipient Certification—Payments to Influence. The Recipient 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 Recipient, 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 Recipient 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 Recipient with respect to this Contract and its related federal contract, grant, loan, or cooperative
agreement; or,if the Recipient has engaged any registrant with respect to this Contract and its related
Federal contract, grant, loan, or cooperative agreement, the Recipient shall,prior to or upon
execution of this Contract,provide the Commission Grant 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
Recipient shall file an updated declaration with the Commission's Grant Manager. If any non-federal
funds are used for lobbying activities as described above in connection with this Contract, the
Recipient shall submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file
quarterly updates of any material changes. The Recipient shall require the language of this
certification to be included in all subcontracts, and all subcontractors shall certify and disclose
accordingly.
ii. Recipient—Refrain from Subcontracting with Certain Organizations.Pursuant to the Lobbying
Disclosure Act of 1995, the Recipient agrees to refrain from entering into any subcontracts under
this Contract with any organization described in Section 501(c)(4) of the Internal Revenue Code of
1986,unless such organization warrants that it does not, and will not, engage in lobbying activities
prohibited by the Act as a special condition of the subcontract.
J. Compliance with Office of Management and Budget Circulars.
As applicable, Recipient shall comply with the 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 Recipient attests and certifies that the Recipient will
provide a drug-free workplace compliant with 41 U.S.C. 81.
L.American Rescue Plan Act of 2021 (ARPA).
If this Agreement relies on ARPA federal funds, then the following shall apply:
i. Recipients shall provide their Unique Entity Identifier(UEI) and any other financial information
requested in the sam. ov financial registration process to the Commission prior to Agreement
execution.
ii. Public Law 117-2, American Rescue Plan Act of 2021, Title XI-Committee of Finance Subtitle M;
Section 9901.
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FWC Agreement No. 922143
iii. Coronavirus State Fiscal Recovery Fund(SFRF) (31 CFR Part 35).
iv. US Department of Treasury, Compliance and Reporting Guidance State and Local Recovery Funds,
as amended.
M. Build America,Buy America (BABA)provision of the Infrastructure Investment and Jobs Act
(IIJA) of 2021. (117 P.L. 58).
If federal funds are awarded to be used in this Agreement for any project involving construction, alteration,
maintenance, or repair of infrastructure in the United States, and if the project involves infrastructure as
defined by §70912(5) of BABA, which includes,but is not limited to roads, highways, and bridges;public
transportation; dams,ports, harbors, and other maritime facilities; intercity passenger and freight railroads;
freight and intermodal facilities; airports; water systems,including drinking water and wastewater systems;
electrical transmission facilities and systems; utilities;broadband infrastructure; and buildings and real
property; then:
i. All iron and steel, manufactured products, and construction materials used in the proj ect must be
produced in the United States.
ii. The BABA provision applies to all articles, materials, and supplies consumed in,incorporated into,
or affixed to an infrastructure project for federal awards on or after May 14, 2022.
iii. All subrecipients, subcontractors, successors, or assignees to this Agreement will be held to the
same requirements as the original Parties to this Agreement.
iv. The BABA provision does not apply to tools, equipment, and supplies brought to the construction
site and removed at or before completion of the infrastructure project. Nor does the BABA
provision apply to equipment and furnishings used at or within the finished infrastructure project
but are not an integral part of the structure or permanently affixed to the infrastructure project.
Section 25. AGREEMENT-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 http://www.pride-enteEprises.org.
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FWC Agreement No. 922143
B. Respect of Florida.
In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this
Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following
statement applies:
It is expressly understood and agreed that any articles that are the subject of, or required to carry out,
this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped
that is qualified pursuant to Chapter 413, F.S.,in the same manner and under the same procedures set
forth in Subsections 413.036(1) and(2), F.S.; and for purposes of this contract, the person, firm or
other business entity carrying out the provisions of this contract shall be deemed to be substituted for
the state agency insofar as dealings with such qualified nonprofit agency are concerned.
Additional information about the designated nonprofit agency and the products it offers is available at
http://www.respectofflorida.org.
C. Procurement of Recycled Products or Materials.
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.
Section 26. INDEMNIFICATION.
If the Recipient is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., or as a governmental
entity as defined in Subsection 287.012(14), F.S.,neither Party indemnifies nor insures the other Party for the
other Parry's negligence. Recipient is responsible for all personal injury and property damage attributable to the
negligent acts or omissions of that party,its officers, employees,volunteers and agents.Nothing contained herein
shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the
state of Florida,nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in
section 768.28, F.S., as amended.
If Recipient is not a state agency or subdivision as defined above,Recipient 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 Recipient,its agents, employees,partners,
or subcontractors,provided,however, that Recipient 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. The Commission reserves
the right to select its counsel.
Section 27. NON-DISCRIMINATION.
No person, on the grounds of race, color,religion,gender,pregnancy,national origin, age,handicap, or marital
status, shall be excluded from participation in,be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Agreement.
Section 28. MEDIATION.
In the event of any claim or dispute arising by or between the Commission and the Recipient, each party shall
continue to perform as required under the Agreement,notwithstanding the existence of such claim or dispute,it
Recipient/Subrecipient Agreement Last Revised: 8.31.2022 Page 22 of 28
FWC Agreement No. 922143
being acknowledged that time is of the essence. This provision includes,but is not limited to, the obligation to
continue to perform under the Agreement notwithstanding disputes as to amounts due for payment hereunder.
Except for any claim, dispute, or matter in question that has been waived by the acceptance of final payment, or
that is otherwise barred by the applicable statute of limitations or other provision of law, any claim, dispute, or
other matter in question arising out of, or relating to, the Work or the Agreement or the breach thereof, shall be
first submitted to non-binding mediation by a single mediator in Tallahassee, Florida
The party making a claim or dispute shall notify the other in writing of its claim or dispute within ten working
days of the event giving rise to the claim or dispute.
i. Such notice shall give the other party ten working days from receipt of the notice to respond in
writing.
ii. If the party initiating such notice is not satisfied with the response, then it shall invoke this clause
initiating non-binding mediation by sending a demand for mediation in writing to the other party
within seven(7)days.
iii. The Parties have two weeks after notice to agree in writing upon a mediator.
iv. If the Parties cannot agree upon a Florida Supreme Court certified mediator, then the Parties shall
request the Chief Judge of the Second Judicial Circuit in Leon County, Florida, to appoint a Florida
Supreme Court certified mediator.
a. The mediator's fees shall be born equally by the Parties involved in the mediation and shall pay
all of its own attorneys'fees and expenses related to the mediation unless otherwise agreed.
b. Unless otherwise agreed by the Parties in writing, such mediation shall take place within forty-
five (45) days of the appointment of, or agreement to, the mediator if the mediator's schedule so
allows.
c. The terms of this Agreement and any dispute relating thereto will be governed by the laws of
the State of Florida, any litigation will be brought in the state or federal court in and for
Tallahassee, Florida, and you agree to submit to the exclusive jurisdiction of the state and
federal courts located in and for the Leon County, State of Florida.
d. All Parties agree to negotiate in good faith in an effort to settle any dispute. All Parties shall
have a representative present at mediation with the authority to settle the case.
V. Any resolution achieved at mediation shall be set forth in a written settlement agreement.
vi. The Recipient shall require all the dispute resolution provisions and requirements set out in this
Section in each contract it makes with any Subcontractor, material supplier, equipment supplier, or
fabricator.
vii. In no event shall the demand for mediation be made after the date when institution of legal or
equitable proceedings based on such claim, dispute, or other matter in question would be barred by
the applicable statute of limitations, or otherwise.
Unless otherwise agreed in writing, the Recipient shall carry on the Work and maintain its performance of this
Agreement during any claim, dispute, or mediation.
Recipient/Subrecipient Agreement Last Revised: 8.31.2022 Page 23 of 28
FWC Agreement No. 922143
If any matter sought to be mediated by the Commission or the Recipient involves a claim or other matter by or
against the Consultant, any Subcontractor, any Separate Contractor, or any other third party, or any such entity is
reasonably necessary to be joined in the mediation to permit a full and complete disposition of the dispute
submitted hereunder, then the Consultant, Subcontractor, Separate Contractor or third party shall be joined by
personal service of the notice demanding mediation.
Such termination of the mediation shall not preclude any party from commencing any judicial proceeding in a
court of competent jurisdiction in Leon County, Florida,providing the claims sought to be decided are not
otherwise barred.
Any demand for mediation and any answer to such demand must contain a written statement of each claim
alleged and the dollar amount in controversy sought in each claim.
Should mediation fail to resolve the claim submitted, the Parties may then proceed to seek applicable remedies at
law.
The agreement to mediate set forth in this Section shall apply to, and become part of, any Subcontract, any
contract into which these General Conditions are incorporated by reference or otherwise, and the Parties to such
contract shall mediate all disputes arising out of,or in any way relating to, that contract or the Project in
accordance with the provisions of this Section.
Section 29. SEVERABILITY,CHOICE OF LAW,AND CHOICE OF VENUE.
This Agreement has been delivered in the State of Florida. Florida law governs this Agreement, all agreements
arising under or out of this Agreement, and any legal action or other proceeding of any kind designed to resolve a
dispute that arises out of or relates to this Agreement. Wherever possible, each provision of this Agreement shall
be interpreted in such manner as to be effective and valid under applicable law. If a court or other tribunal finds
any provision of this Agreement unenforceable as written, the unenforceable provision(s) shall be ineffective to
the extent of such prohibition or invalidity,without invalidating the remainder of such provision and the
remaining provisions of this Agreement. The Parties have selected the Second Judicial Circuit in Leon County,
Florida, as the mandatory and exclusive forum for resolving any dispute,in law or equity,that arises out of or
relates to the Parties'transactions. By signing this Agreement, Recipient affirms that Recipient considers the
Second Judicial Circuit to be a fair and convenient forum for any legal action or other proceeding of any kind
designed to resolve such a dispute. The Recipient will not initiate in any other forum a legal action or other
proceeding to which this provision applies.
Section 30. JURY TRIAL WAIVER.
As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding
brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way
connected with this Agreement, or with the products or services provided under this Agreement,including but not
limited to any claim by the Recipient of quantum meruit.
Section 31. NO THIRD-PARTY RIGHTS.
The Parties hereto do not intend,nor shall this Agreement be construed, to grant any rights,privileges or interest
to any person not a party to this Agreement.
Recipient/Subrecipient Agreement Last Revised: 8.31.2022 Page 24 of 28
FWC Agreement No. 922143
Section 32. PROHIBITION OF UNAUTHORIZED ALIENS.
In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the
Recipient of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such
violation shall be cause for unilateral cancellation of this Agreement if the Recipient knowingly employs
unauthorized aliens.
Section 33. 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 Contract term; and 2.)include in all subcontracts under this Contract, the requirement
that subcontractors performing work or providing services pursuant to this Contract 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
https://www.e-verlfv.�-YoN.
C. Enrollment in E-Verify.
As a condition precedent to entering a Contract with the Commission, Contractors and Subcontractors shall
register with and use the E-Verify system. Failure to do so shall result in the Contract not being issued, or if
discovered after issuance, termination of the Contract.
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 Contract and the Commission may treat a failure to comply as a material breach of the
Agreement. If the Commission terminates the Contract 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 Contract.
Recipient/Subrecipient Agreement Last Revised: 8.31.2022 Page 25 of 28
FWC Agreement No. 922143
Section 34. 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 Agreement 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 subcontractors or suppliers if no alternate source of supply is
available. However,in the event of delay from the foregoing causes, the Party shall take all reasonable measures
to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If
the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the
Agreement to either Party. In the case of any delay Recipient believes is excusable under this paragraph,
Recipient shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the
cause of the delay either: (1)within ten(10) calendar days after the cause that creates or will create the delay first
arose,if Recipient could reasonably foresee that a delay could occur as a result; or(2)within five (5) calendar
days after the date Recipient first had reason to believe that a delay could result,if the delay is not reasonably
foreseeable. THE FOREGOING SHALL CONSTITUTE THE RECIPIENT'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 Recipient of its decision in writing.No claim for damages, other
than for an extension of time, shall be asserted against the Commission. Recipient shall not be entitled to an
increase in the Agreement price or payment of any kind from the Commission for direct,indirect, consequential,
impact,or other costs, expenses or damages,including but not limited to costs of acceleration or inefficiency
arising because of delay, disruption,interference,or hindrance from any cause whatsoever. If performance is
suspended or delayed,in whole or in part, due to any of the causes described in this paragraph, after the causes
have ceased to exist, Recipient shall perform at no increased cost,unless the Commission determines,in its sole
discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State,in
which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries
from Recipient,provided that Recipient grants preferential treatment to the Commission with respect to products
or services subjected to allocation; (2)purchase from other sources (without recourse to and by Recipient for the
related costs and expenses) to replace all or part of the products or services that are the subject of the delay,which
purchases may be deducted from the Agreement quantity; or(3)terminate the Agreement in whole or in part.
Section 35. TIME IS OF THE ESSENCE.
Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional
deadlines for performance for Recipient's obligation to timely provide deliverables under this Agreement
including but not limited to timely submittal of reports, are contained in Attachment A.
Section 36. REPORTING REQUIREMENTS CONCERNING EXECUTIVE ORDER 20-44.
This term does not apply to governmental entities.
If this Agreement is a sole-source,public-private agreement or if the Recipient, through this Agreement with the
State, annually receives 50%or more of their budget from the State or from a combination of State and Federal
funds, the Recipient shall provide an annual report(Executive Order 20-44 Attestation Form),including the most
recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total
compensation shall include salary,bonuses, cashed-in leave, cash equivalents, severance pay,retirement benefits,
deferred compensation,real-property gifts, and any other payout.
Recipient/Subrecipient Agreement Last Revised: 8.31.2022 Page 26 of 28
FWC Agreement No. 922143
The Recipient must also inform the Commission's Grant Manager of any changes in total executive compensation
between the annual reports.All compensation reports must indicate what percent of compensation comes directly
from the State or Federal allocations to the Recipient.
Section 37. MEDIA REQUESTS.
Recipients shall refer all requests by the media or public relations personnel to the Commission's Grant Manager.
Recipients must submit a written request for permission before consulting with the media and the Commission
will provide consultation and talking points. Recipients will not issue news releases,respond to questions, or
make statements on behalf of the Commission or its partners without prior direction and the Commission's
written approval.Production and filming requests related to this Agreement shall be processed through the
Commission only.
Section 38. USE OF SMALL UNMANNED AIRCRAFT SYSTEMS
Unless superseded or otherwise further described in Attachments A,if the Recipient intends to use a small,
unmanned aircraft system (sUAS) at any time throughout the duration of the Agreement, the Recipient shall
request approval from the Commission,in writing,prior to use.Upon request by the Commission, the Recipient
shall provide all required documentation, such as license or certification, flight plans, and registrations. The
Commission will notify the Recipient in writing of the approval or rejection of the request. If approved,the
Recipient will be provided with the Commission's policies, and is responsible and liable for adhering to any and
all rules and regulations,including the Commissions policies, applicable to operating sUAS.
Section 39. ENTIRE AGREEMENT.
This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties.
Any alterations,variations, changes, modifications or waivers of provisions of this Agreement shall only be valid
when they have been reduced to writing, and duly signed by each of the Parties hereto,unless otherwise provided
herein. In the event of conflict, the following order of precedence shall prevail: this Agreement and its
attachments, the terms of the solicitation and the Recipient's response to the solicitation.
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Recipient/Subrecipient Agreement Last Revised: 8.31.2022 Page 27 of 28
FWC Agreement No. 922143
SIGNATURES
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly
authorized signatories on the day and year last written below.
RECIPIENT EXECUTION SIGNATURE COMMISSION EXECUTION SIGNATURE
Monroe County Board of County Commissioners Florida Fish and Wildlife Conservation
Commission
pr�a� G. Smith Date:
signed by Brian G.Smith
n oo..°,.
eciien
p Date:2022.12.1 S 09:40:29-05'00'
p t Si g ature Executive Director(or Designee) Signature
Roman Gastesi Brian G. Smith
Print Name Print Name
County Administrator Deputy Director
Title Title
December 8, 2022 12/15/2022
Date Date
MON110E COUNT"ATTORNEY
V5 To Ra i
ATTACHMENTS rx . 'Z'ZZ
Attachments in this Agreement include the following:
• Attachment A, Scope of Work
• Attachment B, Requirements of the Federal and Florida Single Audit Acts
• Attachment C, Derelict Vessel Removal Best Management Practices
• Attachment D, Letter of Return on Investment for the State
• Attachment E, Sample Invoice Form
• Attachment F, Monthly Progress Report
• Attachment G, Certificate of Completion
• Attachment H, Grantee's Required Documentation Submission List
• Attachment I, DV Grant Monitoring Guidelines
Recipient/Subrecipient Agreement Last Revised: 8.31.2022 Page 28 of 28
Attachment A—SCOPE OF WORK
Project Name: Monroe County BOCC Derelict Vessel FWC Contract No. 22143
Removal Project(3)
1. DESCRIPTION OF GOODS/SERVICES PROCURED, OR PROJECT WORKPLAN
A. DESCRIPTION OF GOOD/SERVICES—Monroe County BOCC will remove and dispose
of 4 derelict vessels from the public waters of the state within the jurisdiction of the Monroe
County BOCC.
B. BACKGROUND -The removal and disposal of these derelict vessels will improve boating
safety by removing hazards to navigation. This project will also help to restore sensitive
marine resources and improve water quality.
C. SUPPORT OF COMMISSION MISSION/RETURN ON INVESTMENT—The
Commission's mission is to conserve fish and wildlife resources for their long-term well-
being and the benefit of people. This includes preservation of habitat and the environment.
The waters of the State, like Florida's fish and wildlife,belong to the people of Florida, and
the FWC is entrusted by the people of Florida to take care of these resources. Removing
derelict vessels from the waters of the State maintains water quality both for Florida's fish
and wildlife resources and a diverse, growing population of people using the waterways.
D. DEFINITIONS -None
2. DELIVERABLES
A. Deliverable#1—Removal and disposal of 4 derelict vessels from the public waters of the
State.
i. Specific Project Deliverables &Associated Tasks - The Grantee shall provide all
labor, equipment, and materials to remove the derelict vessels listed below from the
public waters of the state within the jurisdiction of the Monroe County BOCC and
properly dispose of the vessels in the designated disposal location:
1) Case #: FWC220N0069378
Description: White 55' Migrant Vessel, Reg: Unknown
HIN: Unknown
Location: 25 16.5393 (N)/80 17.5022 (W), Hawks Channel; Atlantic
Ocean
Disposal: Dispose of in authorized landfill facility
2) Case #: FWC220N0018661
Description: Blue 60' Migrant Vessel, Reg: Unknown
HIN: Unknown
Location: 25 18.6167 (N)/80 16.4684 (W), Ocean Reef Club Key Largo
Disposal: Dispose of in authorized landfill facility
3) Case #: FWC220N0073220
Description: Off-white 20' Homemade Sailboat, Reg: Unknown
HIN: Unknown
Location: 25 18.2320 (N)/80 16.7070 (W), South of Ocean Reef
Disposal: Dispose of in authorized landfill facility
Version 1.0—June 2013 Page 1 of 6
Attachment A—SCOPE OF WORK
Project Name: Monroe County BOCC Derelict Vessel FWC Contract No. 22143
Removal Project(3)
4) Case #: FWC220N0075015
Description: Blue 30' Migrant Vessel, Reg: Unknown
HIN: Unknown
Location: 25 15.4240 (N)/80 18.4630 (W), Atlantic Ocean/Hawks
Channel
Disposal: Dispose of in authorized landfill facility
ii. Minimum Level of Performance—The vessels and all parts of the vessels listed
above shall be completely removed from the waters of the State and all parts of the
vessels shall be disposed of as provided.
As part of satisfactory completion of this Agreement, the Grantee shall provide to the
Commission all documentation required by Attachment H(Grantee's Required
Documentation Submission List) at or before the time stated in Attachment H.
iii. Documentation/Criteria Used as Evidence of Performance - The Grantee shall
provide to the Commission a Final Disposition Report. This report shall contain the
list of all derelict vessels removed, the disposition of each derelict vessel, and
photographs that document the condition of each vessel prior to removal, the removal
process for each vessel, and the final disposition of each vessel.
B. Timeline for Completion - Final receipts with required evidence of completion will be
received by the Commission's Grant Manager no later than 3/10/2023.
C. Acknowledgment by Grantee's Contractors: For each vessel removed and disposed of
pursuant to this Agreement the Grantee shall provide to the Commission written
acknowledgement from all of Grantee's contractors of receipt of a copy of this Agreement.
Such acknowledgment(s) may be emailed to the Grant Manager and must be received before
any work begins under this Agreement. Failure to submit such acknowledgment(s) may
result in delays in reimbursement of the Grantee.
3. FINANCIAL CONSEQUENCES
In addition to nonpayment for tasks which are not satisfactorily or timely completed, or for failure to
correct any project deficiencies, as noted in the final project inspection, the Commission may impose
a financial consequence of twenty percent(20%)of the total contract amount for failure to complete
any tasks satisfactorily or timely, or for failure to correct any project deficiencies, as noted in the final
project inspection.
The final project inspection will be done by a Commission officer verifying that the entire vessel for
each task has been removed according to the project plan.
Failure of Grantee to have all receipts and evidence of project performance delivered to FWC on or
before 3/10/2023 before close of business may.]eopardize payment of funds to the Grantee per the
Agreement.
4. PERFORMANCE
Version 1.0—June 2013 Page 2 of 6
Attachment A—SCOPE OF WORK
Project Name: Monroe County BOCC Derelict Vessel FWC Contract No. 22143
Removal Project(3)
A. Acceptance of Agreement: The Grantee will accept the agreement, and have it signed and
returned to the Commission within 30 days of receipt. Failure to have the agreement returned
within the specified time will render the agreement null and void. In some cases,the
Commission will allow a modified return time with prior notice and approval from the
Commission's Grant Manager.
B. Commencement of Work: The Grantee shall commence work on the overall project as soon
as notified by the Commission of the agreement execution. Failure by the Grantee to execute
the work within 60 days of agreement execution shall result in the agreement being null and
void,unless prior approval for a delay is granted by the Commission's Grant Manager.
C. Procurement: The Grantee shall procure goods and services through a competitive
solicitation process in accordance with Chapter 287, Florida Statutes. The Grantee has
already included in the application the quote provided by the contractor chosen for the task
and the Commission will pay to the Grantee 100 percent of the quoted price for each task or
100 percent of the actual cost if less than the quoted price. The Grantee will ensure that the
selected contractor has adequate insurance and is qualified to do the work. A copy of the
state's Derelict Vessel Removal Best Management Practices, attached as Attachment C,will
provide guidance as to whether or not the selected contractor is qualified to do the work.
D. Closeout: Final receipts with required evidence of completion will be received by the
Commission's Grant Manager no later than 3/10/2023.
5. COMPENSATION AND PAYMENT
A. FEE SCHEDULE-For satisfactory completion of the tasks described in this Scope of
Work,by the Grantee under the terms of this Agreement, the Commission shall pay the
Grantee on a cost reimbursement basis in an amount not to exceed$204,000.00. The Grantee
shall be reimbursed only for budgeted expenses that are directly related to the removal and
disposal of vessels within the project.
i. Cost Share: The Grantee is not required to provide any cost share of the total cost of
the project as indicated in the FWC Derelict Vessel Removal Grant Guidelines. The
total compensation by the Commission shall be $204,000 or 100%of the total cost
for the pro]ect,whichever is less.
ii. Salvage Value: The Grantee shall be entitled to the salvage value of any grant-
designated derelict vessel,or any part(s) or accessories thereof,not used in the
construction of a permitted artificial reef site, excluding the hull. All such salvage
activities not essential to the physical removal of a derelict vessel shall be
accomplished after the vessel has been removed from public waters. The salvage
value of each vessel shall be deducted by the Grantee when determining the
reimbursement request for the removal and disposal costs for each derelict vessel.
Vessel hulls must be destroyed and not salvaged in whole. All salvaged materials
from such vessels must be removed from the vessels before being sold for salvage.
By law, such salvage values must offset the cost of removal to be allowed.
Version 1.0—June 2013 Page 3 of 6
Attachment A—SCOPE OF WORK
Project Name: Monroe County BOCC Derelict Vessel FWC Contract No. 22143
Removal Project(3)
B. INVOICE SCHEDULE—The Grantee shall submit one invoice at the completion of all
project tasks and deliverables.
C. TRAVEL EXPENSES-Reimbursement for travel expenses is not authorized under this
Agreement.
D. FORMS AND DOCUMENTATION-
The request for reimbursement shall include an invoice in a format similar to Attachment E,
Sample Invoice Form,which shall include the FWC Agreement Number, the Grantee's
Federal Employer Identification (FEID)Number, and the dates of service. The invoice shall
be accompanied by:
• Attachment G: Certificate of Completion(completed);
• Photographs in accordance with paragraph 2 (A) Deliverable 91 ill. The Commission
case number and this Agreement's Contract number are required to be on each photo
submitted.;
• An itemized list of all project expenditures;
• A copy of the Contract(s)between the Grantee and the Contractor(s) selected to
complete the project;
• If the Grantee's selected contractor uses a sub-contractor(s)in the completion of the
deliverables in this Agreement,the Grantee shall submit a copy of the sub-
contractor's agreement with the Grantee's selected contractor(s) to the Commission.
Such agreements are required to be in place for all work performed under this
Agreement by a subcontractor.;
• An invoice from the Grantee's contractor(s) showing the total price for the removal
and disposal of each vessel that is authorized to be removed under this Agreement.
Prices on the contractor's invoice must match the price listed on the Grantee's
Invoice to the Commission;
• Proof of payment by the Grantee to the Grantee's contractor(s),which may be in the
form of a check copy or EFT from the Grantee to the contractor(s). Amounts paid to
the contractor(s)must match the amount included on the invoice to the Commission.
If amounts are paid by the Grantee to the contractor(s)for services not associated
with this Agreement, those service and corresponding amounts must be annotated
and clearly separated in the proof of payment documentation submitted.
6. MONITORING SCHEDULE
A. Compliance Monitoring and Corrective Actions: The Commission will monitor the
Grantee's service delivery to determine if the Grantee has achieved the required level of
performance. If the Commission in its sole discretion determines that the Grantee failed to
meet any of the terms or conditions of this Agreement,the Grantee will be sent a formal written
notice. The Grantee shall correct all identified deficiencies within forty-five (45) days of
notice. Failure to achieve 100% compliance with all of the terms and conditions of this
Agreement or failure to correct the deficiencies identified in a notice identifying deficiencies
within the time frame specified may result in delays in payment or termination of this
Agreement in accordance with the terms of the Agreement.
Version 1.0—June 2013 Page 4 of 6
Attachment A—SCOPE OF WORK
Project Name: Monroe County BOCC Derelict Vessel FWC Contract No. 22143
Removal Project(3)
B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable,
during the removal of project vessels. The Grantee shall notify the Commission's Grant
Manager when the Project has reached substantial completion so that inspection may occur in
a timeframe allowing for the timely submission and processing of the final invoice. The
Commission's Grant Manager,or designee, shall inspect the work accomplished on the project
and, if deemed complete and in compliance with the terms of the Agreement, approve the
request for payment. All derelict vessel removal sites will be inspected by a Commission
officer to verify the complete removal of the vessel as described in the Agreement.
C. Project Progress Reports: The Grantee shall submit to the Commission,on a monthly basis,
proj ect progress reports outlining the progress of the proj ect, and identifying any problems that
may have arisen and actions taken to correct such problems. Such reports shall be submitted
on the Project Monthly Progress Report Form attached hereto and made a part hereof as
Attachment F. Reports are due to the Commission's Grant Manager by the 15'of the month
immediately following the reporting period until the Certificate of Completion is submitted.
D. Best Management Practices: The Grantee shall ensure that the contractor chosen to complete
the tasks as indicated in this Scope of Work are both able and instructed to follow state Derelict
Vessel Removal Best Management Practices (BMPs), (Attachment C). Failure to follow these
BMPs may subject both the contractor and the Grantee to State or Federal fines and penalties
if it is shown that these practices were not followed.
E. Certificate of Completion: Upon completion of the Project, the Grant Manager for the
Grantee shall sign a Certificate of Completion form, Attachment G, attached hereto and made
a part hereof, that certifies the project was completed in accordance with this Scope of Work
and the Agreement. For reporting purposes this project will be submitted to the Executive
Office of the Governor, a Letter of Return on Investment for the State is attached hereto and
made part thereof as Attachment D to this agreement.
7. INTELLECTUAL PROPERTY RIGHTS
No additional requirements. Refer to Section 12 of the Agreement.
8. SUBCONTRACTS
No additional requirements. Refer to Section 14 of the Agreement.
9. INSURANCE
No additional requirements. Refer to Section 16 of the Agreement.
10. SECURITY AND CONFIDENTIALITY
No additional requirements. Refer to Section 20 of the Agreement.
11. RECORD KEEPING REQUIREMENTS
No additional requirements. Refer to Section 21 of the Agreement.
12. NON-EXPENDABLE PROPERTY
No additional requirements. Refer to Section 12 of the Agreement.
Version 1.0—June 2013 Page 5 of 6
Attachment A—SCOPE OF WORK
Project Name: Monroe County BOCC Derelict Vessel FWC Contract No. 22143
Removal Project(3)
13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY
No additional requirements. Refer to Section 12 of the Agreement.
Version 1.0—June 2013 Page 6 of 6
FWC Agreement No.FWC-22143
Attachment B
AUDIT REQUIREMENTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission
(Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described
in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award,
then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both
State and Federal funds,then all provisions apply.
MONITORING
In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform
Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as
revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS"
below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such
monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or
contracted consultants,limited scope audits as defined by Section 200.331,OMB Uniform Guidance and/or
other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Florida Department of Financial Services or the Florida Auditor General.
AUDITS
PART L• FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following
provisions apply:
A. This part is applicable if the Grantee is a State or local government or a non-profit organization as
defined in Sections 200.90,200.64, or 200.70,respectively, OMB Uniform Guidance.
B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or
program-specific audit conducted in accordance with the provisions of the Federal Single Audit Act of
1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT I to this Attachment
indicates Federal resources awarded through the Commission by this Agreement. In determining the
Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards,
including Federal resources received from the Commission. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by Sections 200.500-200.521,
OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB
Uniform Guidance,will meet the requirements of this part.
C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall
fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB
Uniform Guidance. This includes,but is not limited to,preparation of financial statements, a schedule
of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action
plan.
D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that
the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
Attachment B rev.6.15.15 Page 1 of 6
FWC Agreement No.FWC-22143
December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance,the cost of the
audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from Grantee
resources obtained from other than Federal entities).
E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance
findings related to contracts with the Commission shall be based on the contract requirements,including
any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose
whether or not the matching requirement was met for each applicable contract. All questioned costs
and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the
Commission contract involved. Additionally, the results from the Commission's annual financial
monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB
Uniform Guidance audit reports.
F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of
expenditures of Federal awards shall identify expenditures by contract number for each contract with
the Commission in effect during the audit period.
G. If the Grantee expends less than$500,000.00 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of Sections 200.500-200.521,OMB Uniform Guidance,is not required.
In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521,OMB
Uniform Guidance,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such
an audit must be paid from the Grantee's resources obtained from other-than Federal entities).
H. A web site that provides links to several Federal Single Audit Act resources can be found at:
hqps:Hharvester.census.gov/facweb/Resource,s.a,spx
PART IL• STATE FUNDED. If this Agreement includes State funding, then the following provisions
apply:
This part is applicable if the Grantee is a non-state entity as defined by Section 215.97, F.S., (the Florida
Single Audit Act).
A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess
of$500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project-
specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the
Executive Office of the Governor and the Department of Financial Services;and Chapters 10.550(local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by
this Contract. In determining the state financial assistance expended in its fiscal year,the Grantee shall
consider all sources of state financial assistance, including state financial assistance received from the
Commission, other state agencies, and other non-state entities. State financial assistance does not
include Federal direct or pass-through awards and resources received by a non-state entity for Federal
program matching requirements.
B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall
ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes
submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General.
Attachment B rev.6.15.15 Page 2 of 6
FWC Agreement No.FWC-22143
C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that
the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year and elects to
have an audit conducted in accordance with the provisions of section 215.97, F.S.,the cost of the audit
must be paid from the non-state entity's resources (i.e.,the cost of such an audit must be paid from the
Grantee's resources obtained from other-than State entities).
D. Additional information regarding the Florida Single Audit Act can be found at:
https:Happs.fldfs.com/fsaa/.
E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the
following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S.Meridian St.
Tallahassee,FL 32399-1600
PART III: REPORT SUBMISSION
A. Copies of reporting packages, to include any management letter issued by the auditor, for audits
conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by
Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the
following at the address indicated:
1. The Commission at the following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S.Meridian St.
Tallahassee,FL 32399-1600
2. The Federal Audit Clearinghouse designated in Section 200.512,OMB Uniform Guidance (the
reporting package required by Section 200.512, OMB Uniform Guidance,should be submitted
to the Federal Audit Clearinghouse):
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10"Street
Jeffersonville,IN 47132
3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB
Uniform Guidance.
B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB
Uniform Guidance, and required by Part I of this Attachment(in correspondence accompanying the
audit report,indicate the date that the Grantee received the audit report); copies of the reporting
Attachment B rev.6.15.15 Page 3 of 6
FWC Agreement No.FWC-22143
package described in Section 200.512, OMB Uniform Guidance, and any management letters issued
by the auditor; copies of reports required by Part II of this Attachment must be sent to the
Commission at the addresses listed in paragraph C.below.
C. Copies of financial reporting packages required by Part II of this Attachment,including any
management letters issued by the auditor, shall be submitted by or on behalf of the Grantee
directly to each of the following:
1. The Commission at the following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S.Meridian St.
Tallahassee,FL 32399-1600
2) The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building
111 West Madison Street
Tallahassee,FL 32399-1450
D. Any reports, management letter, or other information required to be submitted to the Commission
pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521,
OMB Uniform Guidance,Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
Grantees and sub-Grantees,when submitting financial reporting packages to the Commission for audits
done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550
(local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee
in correspondence accompanying the reporting package.
-End of Attachment B—
Attachment B rev.6.15.15 Page 4 of 6
FWC Agreement No.FWC-22143
Exhibit 1
FEDERAL AND STATE FUNDING DETAIL
FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
CFDA# CFDA Title Amount
N/A
Total Federal Awards
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA# Compliance Requirements
N/A
STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Matching Funds Provided
by CFDA
CFDA# CFDA Title Amount of
Matchin Funds
Total Matching Funds Associated with Federal N/A
Programs
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
State Project(s)
CSFA# CSFA Title Amount
77.005 FWC Derelict Vessel Removal Grant Program $204,000.00
Total State Awards $204,000.00
Attachment B rev.6.15.15 Page 5 of 6
FWC Agreement No.FWC-22143
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
State Project s Compliance Requirements
CSFA# Compliance Requirements
77.005 Must adhere to FWC Derelict Vessel Removal Grant Program Guidelines
November 2019
NOTE: Section 200.513, OMB Uniform Guidance(2 CFR 200), as revised, and Section 215.97(5),
Florida Statutes, require that the information about Federal Programs and State Projects included
in Exhibit 1 be provided to the Grantee.
-End of EXMIBIT 1 -
Attachment B rev.6.15.15 Page 6 of 6
Attachment C
u ! Contract FWC
22143
1 Best Management Practices for DV removal
Derelict Vessel Removal Process
Derelict vessels are existing impacts to the environment as well as boating safety
hazards, impediments to navigation, and esthetic nuisances. Typically these vessels
are found grounded on the edges of active waterways where they may have physical
impacts on benthic and shoreline communities. However, the impact of these vessels
is not limited to their immediate location. If left unattended, the influences of winds
and tides continue to push the boats causing greater impact as they become more
deeply mired into the environment. Early extraction of these vessels will avoid and
minimize the environmental impacts. In addition to these physical impacts resulting
from the movement of these vessel through the environment; there is the longterm
effect caused by their continued degradation and decay in the marine environment.
These vessels may be constructed of various materials, such as wood, steel,
aluminum, or fiberglass; each having varying degrees of resilience and can remain in
the marine environment for extended periods of time. With the progression of time;
the environmental impacts increase with the shading from the hull and displacement
of live bottom and emergent vegetative communities resulting from the expansion of
the debris field as the vessels disintegrates. The impacts resulting from the removal
of these vessels during any stage is less than the impacts caused by the long-term
presence of the vessel in the marine environment. Therefore the early detection and
removal of these abandoned and derelict vessels is the best means of minimizing the
individual or cumulative impacts to the environment.
Derelict Vessel Removal (FDEP) Permit Exemption
An Exemption under Florida Administrative Code Chapter 62-330-051(5)(g) by Florida
Department of Environmental Protection, has been established for the removal of
derelict vessels. Based on the presumption that the extraction of these vessels from
the marine environment will cause only minimal environmental impacts and in turn
avoid the long-term impacts resulting from the degradation of the vessel at it current
location. The environmental impacts are ameliorated by the application of the best
management practices referenced below.
Florida Administrative Code Chapter 62-330-051(5)(g)
(g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal,
state, and local agencies, provided:
1. The derelict vessel case has been completed as specified in Section 705.103, F.S.,
and has been entered into the Statewide Derelict Vessel Database maintained by the
Florida Fish and Wildlife Conservation Commission;
2. All work is done in a manner that, to the greatest practicable extent, avoids
additional dredging or filling, grounding or dragging of vessels, and damage to
submerged resources such as seagrass beds, oyster beds, coral communities,
mangroves, other wetlands, and live bottom; and
3. An absorbent blanket or boom shall be immediately deployed on the surface of the
water around the derelict vessel if fuel, oil, or other free-floating pollutants are
observed during the work.
General Derelict Vessel Removal and Environmental Protection Rest Management
Practices
The following best management practices (BMP's) will be employed by the marine
contractor during the removal of derelict vessels. These BMP's will be incorporated
into the contact for each vessel removal project. The marine contractor selected for
the project will be required to show proof of their ability to meeting the BMP
requirements with their contingency of equipment, staff and expertise in the removal
of derelict vessels.
Compliance with these BMP's will be monitored by the County and by local Florida
Fish and Wildlife Conservation Commission law enforcement officers. These BMP's
are as follows:
a. All Work Is To Meet The Following Requirements:
1. Operations are to be limited to daylight hours.
2. Operations are to be staged from an upland area.
3. All work is to be performed in a manner that avoids and/or
minimizes impacts to live bottom and other resource areas (e.g.,
seagrass beds, oyster beds, wetlands, mangroves, and other
sensitive habitats) while approaching, working in, and leaving the
derelict vessel site.
4. All work shall avoid impacts to manatees, sea turtles, and other
species listed by the state and federal government as threatened
or protected.
5. The Contractor will remove all contaminants and pollutants
including fuels, batteries, paints, solvents, and engine from the
derelict vessel prior to, or immediately after extraction, whichever
option is best to prevent environmental impacts. Any contaminant
or pollutant found to be contained within a derelict vessel shall be
removed by the Contractor, placed in an approved container, and
disposed of properly. The placement of an absorbent blanket on
the surface of the water around the derelict vessel within the
turbidity barrier is required where free floating product (gas/oil) is
observed.
6. The Contractor is to provide appropriate best management
practices (BMPs) approved by the Florida Department of
Environmental Protection for erosion control and turbidity
protection while each derelict vessel is being removed. In areas of
low to moderate currents, a Type II floating turbidity barrier will be
installed within a ten (10) foot radius of the vessel being removed
prior to starting any removal activities. The turbidity barrier shall be
anchored to the bottom of the waterway.
7. The Contractor is to provide appropriate BM Ps for erosion control
and turbidity prevention around the vessels/barges being used to
remove the derelict vessel and around the perimeter of any upland
staging site (where necessary).
8. The Contractor is to monitor turbidity levels throughout removal
work.
9. In an effort to reduce turbidity, a crane, winch and/or approved
alternate method is to be used to raise the derelict vessel from the
water.
10. The Contractor will assess turbidity levels and allow them to return
to an acceptable level similar to pre-project condition prior to
removal of turbidity measures.
11. The dragging of vessels is to be avoided both on and off-shore. All
vessels/barges used in vessel removal shall continually monitor
water depths to avoid running aground.
12. The Contractor will load derelict vessels onto a barge and/or flat
bed truck (or similar) for proper disposal.
13. The Contractor is to photo-document all removals as described in
Paragraph (2)(a) of the Scope of Work with pictures taken before,
during and after removal. The Contractor will provide a monthly
progress report of all removal activities.
b. For Derelict Vessels That Are Floating or Lightly Aground:
1. The vessel is to be pumped out as needed and extracted (floated
out) during high water.
2. Following extraction, the vessel is to be towed from the grounded
location to a boat ramp or other removal point while avoiding
and/or minimizing impacts to live bottom areas.
c. For Derelict Vessels That Are Hard Aground:
1. The vessel is to be approached using shallow draft vessels.
2. The vessel is to be extracted using a crane from a shallow draft
deck barge, by hand using the best available tools, or similar
approach to minimize impacts to the site and surrounding areas.
d. For Derelict Vessels Sunken in Shallow Water:
1. Install and inflate flotation bags as needed.
2. Lift the vessel with barge mounted crane or similar equipment.
Q" C A.groor'yww Nury0rorm 22143
Attachment D
r
Florida
III°'�I�'w�l i To: FWC Contract 22143, Monroe County BOCC
�w I �illlllT°fe
From: Jennifer Tyler, Contract Manager
�w�1 � l�"���w l"i� �w�l fawn rn i ss i an RE: Return on Investment Reporting
Coin n n nlIss1111oi ncirs
Rodney Barreto
Chairman This Memorandum is to document the Return of Investment reporting language as
Coral Gables mandated and approved by Florida's Executive Office of the Governor, Office of
Steven Hudson Policy and Budget, in to FWC Contract 22143.
Vice Chairman
Fort Lauderdale
Gary Lester Return of Investment reporting:
Oxford
Albert Maury
Coral Gables
The ultimate objective is for the vessel(s) to be removed from the water at the
Gary Nicklaus earliest possible time to prevent additional removal costs and potential damage by
Jupiter
interfering with navigation or the environment. Removingvessels at the earliest
Sonya Rood ossible time reduces the cost of removing vessels at a later time when the
St.Augustine p g Y
Robert A.Spottswood frequently sink or break apart thereby increasing removal costs. By eliminating
Key West these hazards from navigation, there is a reduced chance of injury or death
Off lice of theassociated with a collision between a boater and a derelict vessel thereby reducing
Executive II)IImetw risk to the boater, county and state.
Eric Sutton Removing a greater number of derelict vessels reduces the number of
Executive Director
Thomas H.Eason,Ph.D. environmental incidents of pollution caused by spilled fuels and oils and the
Assistant Executive Director leaching of caustic chemicals into the waters of the state. A reduction of derelict
Jessica Crawford vessel damage to sea grasses, corals, and other benthic resources also increases
Chief of Staff
value to our states natural resources and reduces restoration costs. Derelict vessels
)IIvIIrsIloi n of 11 aw can also be a blight on working waterfronts, resort and residential areas. This
Ein'fwceirincin'a blight can negatively affect the economy of these areas including use, sales and
Colonel Roger Young
Director tourism.
850-488-6251 Analysis a Anal t the r0 am's conclusion will list the number of derelict vessels and/or
850-487-0463 FAX Y p
total linear feet removed for both individual counties and the statewide total. The
Managing fish and wildlife
resources for their longterm average cost for vessels removed and the average cost per linear foot will also be
well-being and the benefit included. The report will measure the percentage of derelict vessels removed for
of people. p p g
both counties and the entire state based on the pre-program totals as listed in the
Statewide Derelict Vessel Database.
620 South Meridian Street
Tallahassee,Florida
32399-1600
Voice:850-488-4676
Hearing/speech-impaired:
800-955-8771(T)
800 955-8770(V)
MyFWC.com
INVOICE Attachment E
Billed to: Invoice No. 22143
Fish and Wildlife Conservation Commission Invoice Date:
FWC Derelict Vessel Removal Grant Program FWC Contract#: FWC-22143
620 South Meridian Street Amount of Grant Award: $204,000.00
Tallahassee, Florida 32399-1600
Billing Period/Dates of Service:
Remit payment to:
From:
Grantee: Monroe County BOCC (Date Contactor Began Work)
FEID#: 59-6000749
Address: 2798 Overseas Highway, Suite 420 To:
Marathon, Florida 33050 (Date Contractor Completed Work)
PROJECT COSTS:
Deliverables/Services Provided (Scope of Work)— Cash expenditures: Amount
Vessel 1)FWC220N0069378; White 55' Migrant Vessel, Reg: Unknown $80,000.00
Vessel 2) FWC220N0018661; Blue 60' Migrant Vessel, Reg: Unknown $100,000.00
Vessel 3)FWC220N0073220; Off-white 20' Homemade Sailboat, Cabin Cruiser, Reg: $12,000.00
Unknown
Vessel 4)FWC220N0075015; Blue 30' Migrant Vessel, Reg: Unknown $12,000.00
Total Project Cost: $204,000.00
Grantee Share (0%): — $ N/A
Amount for Reimbursement: $204,000.00
I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that
the matching funds, in-kind or cash, were utilized toward the project in this Agreement.
Signed: Date:
Project Manager
Page 1
FWC Contract No.FWC:22143 Attachment F
FLORIDA DERELICT VESSEL REMOVAL GRANT PROGRAM
MONTHLY PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284.
FWC Contract# 22143 Reporting Period(Month/Year):
(Due 15 days after the end of each month)
Grantee: Monroe County BOCC
Project Title: Monroe County BOCC Derelict Vessel Removal Project(3)
1. Describe progress of project,including percent completed for each task in the Scope of Work:
2. Is project currently on schedule for completion by due date? YES ❑ NO ❑
Anticipated completion date:
(If project is not on schedule,please explain any problems encountered and/or possible delays)
3. Reporting requirements: (Check all that have been submitted to date)
❑ Bid package
❑ Bid tabulation
❑ Progress photographs
❑ Final photographs
Project Manager Date
Print Name Phone
Page 1 of 1
FWC Contract No. FWC-22143 Attachment G
,t
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
• /;,�, FWC Derelict Vessel Removal Grant Program
CERTIFICATION OF COMPLETION STATEMENT
I, Brittany Burtner,
Representing Monroe County BOCC, do hereby certify that the FWC Derelict Vessel Removal
Grant Program project funded by FWC Contract No. 22143, has been completed in compliance
with all terms and conditions of said Agreement; that all amounts payable for materials, labor
and other charges against the project have been paid; and that no liens have been attached against
the project.
(Signature) (Date)
WARNING:"Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in
the performance of his or her official duty shall be guilty of a misdemeanor of the second degree,punishable as
provided in s. 775.082 or s. 775.083." § 837.06,Florida Statutes.
CERTIFICATE BY COMMISSION
I certify: That, to the best of my knowledge and belief, the work on the above-named
project has been satisfactorily completed under the terms of the Agreement.
Division:
By: Date:
Name:
Title:
Attachment—H FWC Contract: 22143
Grantee's Required Documentation Submission List
The following is a list of the documents that must be provided by the Grantee to the FWC Derelict Vessel Program
Manager/Contract Manager and when each must be received by the Commission. Failure of the Grantee to provide
these documents when required may subject the Grantee to delays in reimbursement and/or financial penalties.
Ll Acknowledgement of Receipt of Agreement/Contract by Contractor: A copy of the Agreement/Contract
between the Commission and the Grantee must be issued to the Grantee's contractor, and the Grantee
shall submit acknowledgement of receipt by the contractor to the Commission DV Program Administrator.
Due to the Commission before any work under the Agreement/Contract begins.
Ll Grantee's written proof of Liability Insurance (or self-insurance): Due to the Commission within 15 days of
Agreement/Contract Execution.
Ll Grantee's written verification of being registered with E-Verify: Due to the Commission within 15 days of
Agreement/Contract Execution.
Ll Contractor's and subcontractors'written verification of being registered with E-Verify: Due to the
Commission within 15 days of Agreement/Contract Execution.
Ll Monthly Project Progress Report: Due to the Commission on the 15t—"day of each month the
Agreement/Contract remains active.
Ll Grantee's Invoice for Payment: Grantee must submit an Invoice (Attachment E)to the Commission for
reimbursement. Due to the Commission when all Agreement/Contract tasks and deliverables have been
completed.
Ll Certificate of Completion:A completed Certificate of Completion (Attachment G). Due to the Commission
when the Grantee's reimbursement request is submitted to the Commission.
Ll Itemized List of All Proiect Expenditures: Due to the Commission when the Grantee's reimbursement
request is submitted to the Commission.
Ll Grantee's Contract with Contractor: Grantee will submit a copy of the Contract between the Grantee and
the Contractor selected to complete the project. Due to the Commission when the Grantee's
reimbursement request is submitted to the Commission.
Ll Subcontractor Agreements: If the Grantee's selected contractor uses a sub-contractor in the completion of
the deliverables in the Agreement/Contract,the Grantee shall submit a copy of the sub-contractor's
agreement with the Grantee's selected contractor to the Commission. Such agreements are required to be
in place for all work performed under the Agreement/Contract by a subcontractor. Due to the Commission
when the Grantee's reimbursement request is submitted to the Commission.
Ll Vessel Photos and Final Disposition Report: A final disposition report and photos of each vessel removed
pursuant to the Agreement/Contract are required in accordance with paragraph 2. A deliverable#1 iii of
Attachment A, Scope of Work, of the Agreement/Contract.The Commission case number and Contract
number are required to be on each photo submitted. Due to the Commission when the Grantee's
reimbursement request is submitted to the Commission.
IJ Contractor's Invoice: An invoice from the contractor showing the total price for the removal and disposal of
each vessel that is authorized to be removed under the Agreement/Contract must be submitted by the
Grantee to the Commission. Prices on the contractor's invoice must match the price listed on the Grantee's
Invoice to the Commission (Attachment E). Due to the Commission when the Grantee's reimbursement
request is submitted to the Commission.
IJ Proof of Payment to Contractor from Grantee: Proof of payment by the Grantee to the contractor(s) may
be in the form of a check copy or EFT from the Grantee to the contractor(s). Amounts paid to the
contractor(s) must match the amount included on the invoice to the Commission (Attachment E). If
amounts are paid by the Grantee to the contractor(s) for services not associated with the
Agreement/Contract, those service and corresponding amounts must be annotated and clearly separated in
the proof of payment documentation submitted. Due to the Commission when the Grantee's
reimbursement request is submitted to the Commission.
FWC Agreement#: 22143 Attachment I
Derelict Vessel Program Grant Monitoring Guidelines
The Florida Fish and Wildlife Conservation Commission(Commission)has established and been
appropriated funding by the Florida Legislature, to assist local governments in the costs related to
removing derelict vessels from the waters of the state. The Commission derelict vessel program has a
responsibility to track and monitor the status of grant activity and projects initiated by local governments
under contract with the Commission to ensure compliance with applicable written grant guidelines and
statutory regulations. The monitoring process is designed to assess a Grantee's compliance with
applicable agency, state, and federal guidelines.
Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits.
There are two primary areas reviewed during monitoring activities—financial and programmatic
monitoring.
• Financial monitoring is the review of records associated with the invoiced costs of derelict vessel
removal pro]ects and contracts.
• Programmatic monitoring is the observation of project timelines,best management practices, and
verified pro]ect completion records.
Various levels of financial and programmatic review may be accomplished during this process.
Desk monitoring is the review of pro]ects and financial activity and provision of technical assistance
between the Commission and the applicant via e-mail and telephone or other electronic means. On-site
monitoring involves visits to the Grantee agencies or pro]ect work sites by Commission representatives
who examine records,procedures and pro]ect activity.
No Conflict of Interest:
Grant Managers shall complete a Conflict of Interest Certification form at the time they are
assigned/assume responsibility for an agreement. If a conflict exists, the grant manager shall notify their
immediate supervisor at the earliest opportunity. The supervisor is responsible to reassign the Agreement
or coordinate with leadership and/or Commission legal advisors to determine the appropriate resolution.
A completed Conflict of Interest Certification form will be included and entered into each derelict vessel
grant removal agreement.
Frequency of monitoringa �
The Commission's derelict vessel program will conduct monitoring during the period that a grant pro]ect
is active. Once the pro]ect has been completed and verified as such, and reimbursement has been issued to
the Grantee based on the written agreement,the relationship with the Grantee has ended until and unless a
subsequent application for a grant is received again for that Grantee. Those applicants who have had
documented contract violations for past failures to perform without successful resolution with the
Commission, may be subject to denial of further opportunities to be considered for a grant.
Areas that may be reviewed include,but are not limited to:
Management and administrative procedures;
Grant folder maintenance;
Accounting system;
Anticipated pro]ected completion(adhering to Agreement timelines for pro]ect completion);
Difficulties encountered in completing pro]ects;
FWC Agreement#: 22143 Attachment I
Equal Employment Opportunity(EEO Status);
Americans with Disabilities Act(ADA Status);
Procurement policy;
Procurement documents; and
Contractor and subcontractor agreements,if applicable.
The Commission may request additional monitoring/information if the activity, or lack thereof, generates
questions from Commission leadership. The method of gathering this information will be determined on
a case-by-case basis.
Desk monitoring is an on-going process. Grantees will be required to participate in desk monitoring as
determined by the Commission. This contract will provide an opportunity to identify the need for
additional assistance and determines what a Grantee needs to complete the project in a timely manner in
accordance with their Agreement. A document(Attachment H)will be included with each Agreement
detailing documents required to be submitted by the Grantee and when those documents are due.
As difficulties/deficiencies are identified,the Grantee's grant manager will be notified by Commission
staff. Many of the issues that arise may be resolved by the Grantee without Commission involvement,but
Commission staff can provide technical assistance. Examples of technical assistance include,but are not
limited to:
• Determination of eligibility of items or services for reimbursement;
• Coordination and partnership with contractors and subcontractors;
• Record keeping;
• Providing information about reporting requirements;
• Advising as to documentation necessary to support a request for reimbursement.
On-site monitoring will be conducted by Commission personnel or others appointed by the Commission.
On-site monitoring visits will be scheduled in advance with the Grantee grant manager designated in the
Agreement. All derelict vessel removal projects are verified by sworn law enforcement personnel prior to
reimbursement by the Commission.
The Commission will also conduct coordinated financial and grant file monitoring. Subject matter
experts from other agencies within the region or state may be called upon to assist in the form of a peer
review as needed.
On-Site Monitoring Protocol:
On-site monitoring visits will be randomly chosen from active derelict vessel removal project grants in
progress, as well as those that may be identified as having potential contract violations or as a result of a
contractor's failure to follow contract specifications as required. Site visits may be combined when
geographically convenient.
Site Visit Preparation:
An email will be sent to the Grantee grant manager outlining the date, time, and purpose of the site visit
before the planned arrival date.
The appointment should be confirmed with the Grantee in writing (email is acceptable) and documented
in the Grantee folder.
On-Site Monitoring Visit:
FWC Agreement#: 22143 Attachment I
Once Commission personnel have arrived at the site, an orientation conference will be conducted. During
this time, the purpose of the site visit and the items the Commission intends to examine will be identified.
All objectives of the site visit will be explained at this time.
Commission personnel will review all files and supporting documentation. Once the supporting
documentation has been reviewed, a tour/visual/spot inspection of the project site will be conducted.
All project deliverables selected for review should be visually inspected whenever possible.Photographs
should be taken of the project site, and any relevant activity.
If a project deliverable is not available at the time of the site visit,the appropriate documentation must be
provided to account for the project progress.
Other programmatic issues can be discussed at this time such as missing monthly project progress reports,
payment/voucher/reimbursement, etc.
Post Monitoring Visit:
Commission personnel will review the on-site monitoring documents and backup documentation as a
team and discuss the events of the on-site monitoring.
Within thirty(30) calendar days of the site visit, a post monitoring letter will be generated and sent to the
Grantee explaining any issues and corrective actions required or recommendations. Should no issues or
findings be identified, a post monitoring letter to that effect will be generated and sent to the Grantee.
The Grantee will correct all deficiencies or submit a Corrective Action Plan within thirty(30) calendar
days of the monitoring letter date. Grantee noncompliance will be resolved by Commission management
under the terms of the Grantee Agreement.
The on-site monitoring report and all backup documentation will then be included in the Grantee's file.