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Item T3 T3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting July 17, 2024 Agenda Item Number: T3 2023-2655 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner N/A AGENDA ITEM WORDING: Approval of Governmental Contract between the Monroe County Board of County Commissioners ("County" or "BOCC") and the Florida Fish and Wildlife Conservation Commission ("FWC") for Derelict Vessel Removal Services with Funding Provided by FWC. ITEM BACKGROUND: Currently, the Monroe County Marine Resources Office of the Planning and Environmental Resources Department conducts derelict vessel removal services throughout all jurisdictional waters of the Florida Keys, including waters within the various municipalities, utilizing pre-qualified marine contractors who have specialized equipment,personnel and expertise for these technical services. In addition, the County is the only governmental entity authorized to conduct these services within waters of the Florida Keys National Marine Sanctuary (FKNMS)via authorization provided by FKNMS Permit FKNMS- 2023-133. As a result, FWC has requested a partnership with the Marine Resources Office for these services via Governmental Contract with Monroe County. The County would be responsible for initiating the competitive procurement for services from its pre-qualified marine contractors in the form of Invitations for Quotes and awarding work via Task Order to the lowest bid as outlined in Monroe County Resolution No. 194-2021. FWC will be responsible for monthly payment of county invoices to reimburse the cost of the hired/selected pre-qualified marine contractors with funding provided by FWC with American Rescue Plan Act(ARPA) funds. The agreement provides funding in the amount of$3,000,000.00 for these services through May 30, 2026. 1 The attached Contract is provided for Board approval. PREVIOUS RELEVANT BOCC ACTION: none INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: FWC Agreement 24024MC Legal Approved.pdf FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: May 30, 2026 Total Dollar Value of Contract: $3,000,000 Total Cost to County: $0 Current Year Portion: $350,000 Budgeted: n/a Source of Funds: FWC/ARPA CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: no If yes, amount: Grant: no County Match: n/a 2 Insurance Required: no Additional Details: OMB will set up Miscellaneous Special Revenue Fund(Fund 158) cost center. 3 GOVERNMENTAL CONTRACT STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWC Contract No.24024 This contract 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 Hwy., Ste. 420 Marathon, FL 33050, hereinafter "Contractor", collectively, "Parties". INTRODUCTORY CLAUSES The Commission and Contractor intend to partner together to remove derelict vessels from the waters of Florida; The Commission has awarded this Contract pursuant to the requirements of Sections 287.057, Florida Statutes (F.S.); and Such benefits are for the ultimate good of the State of Florida,its resources,wildlife, and public welfare. TERMS OF THE CONTRACT The Commission and the Contractor,for the considerations stated in this Contract,agree as follows: Section 1. PROJECT DESCRIPTION. The Contractor shall provide the services and products,and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A, 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 minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable.If this Contract was competitively procured,the Contractor's response to the Commission's solicitation is hereby incorporated by reference. Section 2. PERFORMANCE. A. Contractor Performance. The Contractor 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 Contract shall be supplied by the Contractor. Contractor shall obtain all necessary local, state,and federal authorizations necessary to complete this project, and the Contractor shall be licensed as necessary to perform under this Contract as may be required by law, rule, or regulation; the Contractor shall provide evidence of such compliance to the Commission upon request. The Contractor shall procure all supplies and pay all charges,fees,taxes, and incidentals that may be required for the completion of this Contract. By acceptance of this Contract, the Contractor warrants that it has the capability, integrity, and reliability to assure good-faith performance. Contractor shall immediately notify the Commission's Contract Manager in writing if its ability to perform under the Contract is compromised in any manner during the term of the Contract.The Commission shall take appropriate action,including potential termination of this Contract in the event Contractor's ability to perform under this Contract becomes compromised. FWC Contract No.24024 B. Contractor Responsibilities. Contractor agrees that all Contractor employees,subcontractors,or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors,or agents performing work under the Contract must comply with all security and administrative requirements of the Commission. The Commission may conduct, and Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by Contractor. 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 security or other requirements. Such refusal shall not relieve Contractor of its obligation to perform all work in compliance with the Contract. The Commission may reject and bar from any facility for cause any of Contractor's employees, subcontractors, or agents. C. Commission Rights to Assign or Transfer. Contractor agrees that the State of Florida shall at all times be entitled to assign or transfer its rights,duties, or obligations under this Contract to another governmental agency in the State of Florida,upon giving prior written notice to Contractor. Section 3. CONTRACT PERIOD. A. Contract Period and Limited Obligation Period. This Contract shall begin upon execution by both Parties, or July 25, 2024, (whichever is later), and ends 06/30/2025, inclusive. The Commission shall not be obligated to pay for costs related to this Contract prior to its beginning date or after its ending date. B. Renewal—Competitive Procurement. If this Contract was competitively procured pursuant to Section 287.057, Florida Statues, the renewal price(s) must be set forth in the Contractor's response to the Commission's bid document. The renewal price(s)for this Contract are included in Attachment A.If applicable,renewal of this Contract shall be subject to the availability of funds, satisfactory performance evaluations by the Commission, and at the discretion of the Commission; it must also be in writing and subject to the same terms and conditions of this Contract. Renewal amendments must be executed prior to the end date of the Contract. Any costs associated with a renewal may not be passed onto the Commission. C. Renewal—Exceptional Purchase. If this Contract was procured by an exceptional purchase pursuant to Subsections 287.057(3)(a) or (3)(c), Florida Statutes (ES.), it may not be renewed. Subsection 287.057(13), F.S., provides that contracts for commodities or contractual services may be renewed for up to three (3)years, or for a total term not to exceed the original Contract period, whichever is longer.If applicable,renewal of this Contract shall be subject to the availability of funds, satisfactory performance evaluations by the Commission, and at the discretion of the Commission;it must also be in writing and subject to the same terms and conditions of this Contract. Renewal amendments must be executed prior to the end date of the Contract. Any costs associated with a renewal may not be passed onto the Commission. D. Renewal Period. This Contract may not be renewed. Governmental Vendor Contract Last Revised: 3.18.2023 Page 2 of 26 FWC Contract No.24024 E. Extension. If this is a contract for contractual services,any extension of this contract as provided for in Attachment A, shall be in writing for a period not to exceed six(6)months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of this contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the contractor. Section 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Contractor under the terms of this Contract, the Commission shall pay the Contractor on a fee schedule basis as specified in the Scope of Work. Based on the fee schedule rates/amounts specified,maximum compensation under this Agreement shall not exceed$3,000,000.00. B. Payments. The Commission shall pay the Contractor 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 Contract Manager. Unless otherwise specified in Attachment A,invoices shall be due monthly, commencing from the start date of this Contract. Invoices must be legible and must clearly reflect the goods or services that were provided in accordance with the terms of the Contract for the invoice period. Unless otherwise specified in Attachment A, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Contract to assure the availability of funds for payment. Costs under this Contract must be obligated, and all work completed by the Contractor by the end of the Contract period. C. Invoices. Each invoice shall include the Commission Contract Number and the Contractor's Federal Employer Identification (FEID)Number. Invoices may be submitted electronically to the attention of the Commission's Contract 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 Contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Contractor acknowledges that the Commission's Contract Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Travel Expenses. If authorized in Attachment A, travel expenses shall be reimbursed in accordance with Section 112.061, F.S. E. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature.The Parties hereto understand that this Contract and any renewal thereof is not a commitment to future appropriations but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Contract, and as to what constitutes an "annual appropriation" of funds to complete this Contract. If such funds are not appropriated or available for the Contract purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Contract Manager shall notify Contractor in writing at the earliest possible time if funds are not appropriated or available. Governmental Vendor Contract Last Revised: 3.18.2023 Page 3 of 26 FWC Contract No.24024 F. Non-Competitive Procurement and Rate of Payment. Section 216.3475,F.S.,requires that under non-competitive procurements, a Contractor may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Contractor warrants,by execution of this Contract, that the amount of non-competitive compensation provided in this Contract is in compliance with Section 216.3475, F.S. G. Fixed Price If any deliverables in Attachment A indicate some portion of the Contract is fixed price,the Contractor shall be paid on a fixed price basis for eligible Project costs upon the completion, submittal, and approval of each of those deliverables. Contracts including services with fixed price deliverables are for tasks that are generally more complex. The units are larger (months or quarters, for example, or a milestone, phases, and tasks) and encapsulate a required level of performance that is quantifiable and measurable.For example, Contracts paying for months of prevention services for 25 youth or to create a museum exhibit (to be paid out in phases upon reaching specified percentages of completion) are frequently paid on a fixed price basis. Invoices for deliverables paid on a fixed price basis must identify the deliverable(s) that was completed and the price per completed deliverable. In addition, the invoice (or invoice backup) must demonstrate that the minimum performance level was met for each deliverable. H. Fixed Unit Price If any deliverables in Attachment A indicate some portion of the Contract is fixed fee price,the Contractor shall be paid on a fixed fee/unit rate basis for "as needed" services in which the specific quantity of units to be completed each period are variable as identified in Attachment A. Fixed Fee/Unit Rate deliverables are generally used when the Contracts' tasks are finite and are not complex. Service types may include language translation services (in which the deliverable is each minute of translation services) or health screening test services (in which the deliverable is each health screening test completed.) Invoices for fixed fee/unit rate payment type deliverables must identify the deliverable(s) (unit of service),the number of units completed and the cost per unit. To be eligible for payment, costs 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. I. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., governing time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or Attachment A specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1),F.S.,will be due and payable in addition to the invoice amount.Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. J. Electronic Funds Transfer. Contractor agrees to enroll in Electronic Funds Transfer(EFT), offered by the State's Chief Financial Officer, within thirty(30) days of the date the last Party has signed this Contract. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: 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. Governmental Vendor Contract Last Revised: 3.18.2023 Page 4 of 26 FWC Contract No.24024 K.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. WFLORIDAMARKETPLACE VENDOR REGISTRATION AND TRANSACTION FEE. A. MyFloridaMarketPlace In accordance with Rule 60A-1.033 of the Florida Administrative Code (F.A.C.), each vendor doing business with the State for the sale of commodities or contractual services as defined in Section 287.012, F.S., shall register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.031(6), F.A.C. Information about the registration process is available, and registration may be completed, at the MyFloridaMarketPlace website. Interested persons lacking Internet access may request assistance from the MyFloridaMarketPlace Customer Service at(866-352-3776) or from State Purchasing, 4050 Esplanade Way, Suite 300, Tallahassee, Florida 32399. B. Transaction Fee. Pursuant to Section 287.057(22), F.S., all payments,unless exempt under Rule 60A-1.033(3), F.A.C., shall be assessed a Transaction Fee,which the Vendor shall pay to the State. For payments within the State accounting system (Florida Accounting Information Resource, FLAIR, or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Vendor. If automatic deduction is not possible, the Vendor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments,Vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Section 6. RETURN OR RECOUPMENT OF FUNDS A. Overpayments to Contractor. The Contractor shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to Contractor by the Commission. In the event that the Contractor or its independent auditor discovers that overpayment has been made,the Contractor shall repay said overpayment within forty(40) calendar days without prior notification from the Commission.In the event that the Commission first discovers an overpayment has been made, the Commission will notify the Contractor in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Contract Manager and made payable to the "Florida Fish and Wildlife Conservation Commission." B. Additional Costs or Monetary Loss Resulting from Contractor Non-Compliance. If the Contractor's non-compliance with any provision of the Contract results in additional cost or monetary loss to the Commission or the State of Florida, the Commission can recoup that cost or loss from monies owed to Contractor under this Contract or any other contract between Contractor and the Commission. In the event that the discovery of this cost or loss arises when no monies are available under this Contract or any other contract between Contractor and the Commission, Contractor will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed,unless the Commission agrees, Governmental Vendor Contract Last Revised: 3.18.2023 Page 5 of 26 FWC Contract No.24024 in writing, to an alternative timeframe. If the Contractor is unable to repay any cost or loss to the Commission, the Commission shall utilize remedies available by law and may notify the State of Florida, Department of Financial Services,pursuant to Section 17.0415, F.S. Section 7. COMMISSION EXEMPT FROM TAXES,PROPERTY EXEMPT FROM LIEN. The Contractor recognizes that the State of Florida,by virtue of its sovereignty,is not required to pay any taxes on the services or goods purchased under the terms of this Contract. Contractor is placed on notice that this exemption generally does not apply to other parties of this Contract, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission Contract Manager. If the Contract involves the improvement of real property titled to the State of Florida,then the following paragraph applies. The Contractor acknowledges that property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason.The Contractor shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. Section 8. MONITORING. The Commission's Contract Manager shall actively monitor Contractor's performance and compliance with the terms of this Contract. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific monitoring terms, conditions, and schedules may be included in Attachment A. Section 9. TERMINATION. A. Commission Unilateral Termination. The Commission may unilaterally terminate this Contract for convenience by providing the Contractor with thirty (30) calendar days of written notice of its intent to terminate. Contractor shall not be entitled to recover any cancellation charges or lost profits. B. Termination—Fraud or Willful Misconduct. This Contract shall terminate immediately in the event of fraud or willful misconduct on the part of the Contractor. In the event of such termination, the Commission shall provide Contractor with written notice of termination. C. Termination-Funds Unavailability. In the event funds to finance this Contract become unavailable or if federal or state funds upon which this Contract is dependent are withdrawn or redirected, the Commission may terminate this Contract upon no less than twenty-four (24) hours' notice in writing to Contractor. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Contract to another program thus causing "lack of funds." In the event of termination of this Contract under this provision, Contractor will be compensated for any work satisfactorily completed prior to notification of termination. Governmental Vendor Contract Last Revised: 3.18.2023 Page 6 of 26 FWC Contract No.24024 D. Termination—Other. The Commission may terminate this Contract if the Contractor fails to: 1.)comply with all terms and conditions of this Contract;2.)produce each deliverable within the time specified by the Contract or extension;3.)maintain adequate progress,thus endangering the performance of the Contract; or,4.) abide by any statutory,regulatory, or licensing requirement. The Commission shall give written notice to the Contractor of its intent to terminate the Contract for cause.In the notice,the Commission shall provide an opportunity for the Contractor 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 Contractor shall cure the deficiencies cited by the Commission in its notice within fifteen (15) calendar days of receipt of such notice. If the Contractor 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 Contract will be terminated for cause.At that time,the Commission will send a second notice to the Contractor noting that this Contract is being terminated for cause upon receipt of the notice and documenting the reasons this Contract is being terminated. The Commission reserves the right in its sole discretion to determine if the Contractor's deficiencies are legally excusable, or to extend the time to cure the deficiencies in writing. The Contractor'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 Contract. Contractor shall not be entitled to recover any cancellation charges or lost profits. E. Contractor Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Contractor shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder.Upon termination of this Contract,the Contractor shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section,property belonging to the Commission shall include,but shall not be limited to, all books and records kept on behalf of the Commission. Section 10. REMEDIES. A. Financial Consequences. Attachment A contains clearly defined deliverables. In accordance with Section 287.058(1)(h), F.S., if Contractor fails to produce each deliverable within the time frame specified by Attachment A, the budget amount allocated for that deliverable will be reduced by ten percent(10%) from Contractor's payment, unless otherwise modified by Attachment A. The Commission may apply any of the financial consequences listed below or as identified in Attachment A. i. Temporarily withhold payments pending correction of the deficiency by the Contractor. ii. Reduction of payment if correction of deficiency is not made by the Contractor. iii. Disallow all or part of the cost of the activity or action not in compliance. iv. Wholly or partly suspend or terminate this agreement. V. Withhold future awards for the FWC projects. Governmental Vendor Contract Last Revised: 3.18.2023 Page 7 of 26 FWC Contract No.24024 vi. Take other remedies that may be legally available. B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Contract. Section It. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that any Party designates a different Contract Manager after the execution of this Contract, the Party will provide written notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Contract Manager or individual authorized to receive notice on behalf of that Party to all other Parties as soon as possible,but not later than five (5) business days after the new Contract Manager has been named. A designation of a new Contract Manager shall not require a formal Amendment to the Contract. COMMISSION CONTRACT MANAGER VENDOR CONTRACT MANAGER CONTACT CONTACT INFORMATION: INFORMATION: Philip Horning Brittany Burtner DV Program Administrator Sr.Administrator,Marine Resources Office FWC Headquarters Monroe County Planning and Environmental Resources 620S. Meridian Street 2798 Overseas Highway, Suite 400 Tallahassee,Florida 32399 Marathon, Florida 33050 850-617-9540 Office:305-289-2805 Cell: 305-363-9680 Philip.Homing@MyFWC.com Burtner-BrittanyL>)MonroeCounty-FL.Gov Section 12. AMENDMENT. A. Waiver or Modification. No waiver or modification of this Contract or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by both Parties. B. Change Orders. The Commission may, at any time,by written order, make a change to this Contract. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Contractor's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information,may be accomplished by a Modification. Governmental Vendor Contract Last Revised: 3.18.2023 Page 8 of 26 FWC Contract No.24024 C. Renegotiation upon Change in Law or Regulations. The Parties agree to renegotiate this Contract if federal and/or state revisions of any applicable laws or regulations make changes in the Contract necessary. Section 13. PROPERTY RIGHTS. A. Intellectual and Other Intangible Property. i. Contractor's Preexisting Intellectual Property(Proprietary)Rights.Unless specifically addressed otherwise in Attachment A, intellectual and other intangible property rights to the Contractor's preexisting property will remain with the Contractor. Contractor shall indemnify and hold harmless the Commission and its employees from any liability, including costs, expenses, and attorney's fees, for or on account of any copyrighted, patented, or un-patented invention, process or article manufactured or supplied by Contractor. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Contractor under this Contract for the Commission shall be handled in the manner specified by applicable Florida State Statute and/or Federal program. iii. Commission Intellectual Property Rights. Where activities supported by this Contract produce original writing, sound recordings, pictorial reproductions, drawings, or other graphic representation and works of any similar nature, the Commission and the State of Florida have the unlimited,royalty- free, nonexclusive,irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Contract is supported by federal funds, the federal awarding agency reserves a royalty- free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property. This Contract is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. i. Title.If this Contract is supported by state funds,the Contractor shall comply with Section 287.05805, F.S. This section requires the Contractor to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A. Title to state-owned real property remains vested in the state. ii. Use. State-owned real property will be used as provided in Attachment A. C. Non-Expendable Property. i. Non-Expendable Property Defined. For the requirements of this section of the Contract, "non- expendable property"is the same as"property"as defined in Section 273.02,F.S.(equipment,fixtures, and other tangible personal property of a non-consumable and non-expendable nature,with a value or cost of$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). Governmental Vendor Contract Last Revised: 3.18.2023 Page 9 of 26 FWC Contract No.24024 ii. Title to Non-Expendable Property. Title (ownership) to all non-expendable property acquired with funds from this Contract shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Contract unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A. Section 14. RELATIONSHIP OF THE PARTIES. A. Independent Contractor. The Contractor shall perform as an independent contractor and not as an agent,representative, or employee of the Commission. The Contractor covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Contractor and the Commission. B. Contractor Training Qualifications. Contractor agrees that all Contractor employees,subcontractors,or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. C. Commission Rights to Undertake or Award Supplemental Contracts. Contractor agrees that the Commission may undertake or award supplemental contracts for work related to the Contract. Contractor and its subcontractors shall cooperate with such other contractors and the Commission in all such cases. Section 15. SUBCONTRACTS. The Contractor is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. A. Authority. The Contractor shall ensure, and provide assurances to the Commission upon request, that any subcontractor selected for work under this Contract has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Contract. The Contractor must provide the Commission with the names of any subcontractor considered for work under this Contract;the Commission in coordination with the Contractor reserves the right to reject any subcontractor. The Contractor agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Contractor further agrees that the Commission shall not be liable to the extent allowed by law, to any subcontractor for any expenses or liabilities incurred under the subcontract and the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. Contractor Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, the Contractor 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 contract between Contractor and subcontractor. Contractor's failure to pay its subcontractors within seven (7) working days will result in a penalty charged against Contractor and paid to the subcontractor in the amount of one-half of one percent Governmental Vendor Contract Last Revised: 3.18.2023 Page 10 of 26 FWC Contract No.24024 (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 Contractor's or subcontractor's employees working or anticipated to work on this project,whose qualifications or performance,in the Commission's judgment,are insufficient. D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above,the Contractor agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. Section 16. MANDATORY DISCLOSURE. These disclosures are required by State law,as indicated, and apply when this Contract includes State funding; and by Federal law, as indicated. A. Disclosure of Interested State Employees. This Contract is subject to Chapter 112, F.S. Contractors shall provide the name of any officer, director, employee, or other agent who is also an employee of the State of Florida. Contractors shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in Contractor or its affiliates. B. Convicted Vendors. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Contractor shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to Section 287.133(3)(d), F.S. i. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a Contractor, supplier,subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty-six (36) months from 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: http://www.dms.myflorida.corn/business operations/state purchasing/vendor_information/convicte d suspended discriminatory complaints—vendor—lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. Governmental Vendor Contract Last Revised: 3.18.2023 Page 11 of 26 FWC Contract No.24024 iii. Vendors on Scrutinized Companies List. Contractor certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135,F.S.In addition,Contractor agrees to observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into for the performance of work under this Agreement.Pursuant to Section 287.135, F.S.,the Commission may immediately terminate this Agreement for cause if the Contractor, its affiliates, or its subcontractors are found to have submitted a false certification;or if the Contractor,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. Contractor 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. Contractor 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 Contract,Contractor has a continuing duty to promptly disclose to the Commission's Contract Manager, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Contractor's ability to perform under this contract. If the existence of such Proceeding causes the Commission concern that the Contractor's ability or willingness to perform the Contract is jeopardized,Contractor may be required to provide the Commission with reasonable assurances to demonstrate that: a.) Contractor will be able to perform the Contract in accordance with its terms and conditions; and,b.) Contractor and/or its employees, agents or subcontractor(s)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. Section 17. INSURANCE. If the Contractor is a state or federal agency with self-insurance,Contractor 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 Contractor's officers, employees,servants and agents while acting within the scope of their employment with the Contractor. If the Contractor is not a state or federal agency with self-insurance,then the following applies: A. Reasonably Associated Insurance. During the term of the Contract, the Contractor, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor, and failure to maintain such coverage may void the Contract. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract.All insurance policies shall be through insurers licensed and authorized to write policies in Florida. Governmental Vendor Contract Last Revised: 3.18.2023 Page 12 of 26 FWC Contract No.24024 B. Workers Compensation. To the extent required by Chapter 440, F.S., the Contractor will either be self-insured for Worker's Compensation claims or will secure and maintain during the life of this Contract, 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 Contractor 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 Contractor. 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 Contract is not protected under Workers' Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Contractor, 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 Contract, unless Contractor is a state agency or subdivision as defined by Subsection 768.28(2),F.S.or unless otherwise provided for in Attachment A,the Contractor shall provide reasonable and adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Contract. 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 Contract term,the Contractor shall maintain any other types and forms of insurance required for the performance of this Contract as required in Attachment A. E. Written Verification of Insurance. Upon execution of this Contract, the Contractor 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 Contract, Contractor shall furnish proof of applicable insurance coverage to the Commission's Contract 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,Contractor shall immediately notify the Commission's Contract 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 Contractor providing such insurance. Section 18. SPONSORSHIP. As required by Section 286.25,F.S.,if the Contractor is a nongovernmental organization which sponsors a program financed wholly or in part by state funds,including any funds obtained through this Contract,it shall,in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the Governmental Vendor Contract Last Revised: 3.18.2023 Page 13 of 26 FWC Contract No.24024 words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Contractor's organization. Additional sponsorship requirements may be specified in Attachment A. Section 19. PUBLIC RECORDS. A. All records in conjunction with this Contract shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This Contract may be unilaterally canceled by the Commission for refusal by the Contractor to allow public access to all documents,papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract, unless exemption for such records is allowable under Florida law. C. If the Contractor meets the definition of"Contractor"in Section 119.0701(1)(a) F.S.,the Contractor shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850-488-6553, RecordsCustodianf wc.c m , 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. Governmental Vendor Contract Last Revised: 3.18.2023 Page 14 of 26 FWC Contract No.24024 Section 20. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include,but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include but shall not be limited to salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. Section 21. SECURITY AND CONFIDENTIALITY. The Contractor shall maintain the security of any information created under this Contract that is identified or defined as "confidential" in Attachment A. The Contractor shall not divulge to third Parties any confidential information obtained by the Contractor or its agents, distributors,resellers, subcontractors, officers or employees in the course of performing Contract work. To ensure confidentiality, the Contractor shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. Section 22. RECORD KEEPING REQUIREMENTS. A. Contractor Responsibilities. The Contractor shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract, in accordance with generally accepted accounting principles. B. State Access to Contractor Books,Documents,Papers,and Records. The Contractor shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of Contractor's books, documents, papers, and records, including electronic storage media, as they may relate to this Contract, for the purposes of conducting audits or examinations or making excerpts or transcriptions. C. Contractor Records Retention. Unless otherwise specified in the 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 (available at: http://dos.myflonda.com/library-archives/records-management/general-records-schedules/), whichever is longer. Contractor shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Contractor Responsibility to Include Records Requirements—Subcontractors. In the event any work is subcontracted under this Contract, Contractor shall include the aforementioned audit and record keeping requirements in all subcontract agreements. Governmental Vendor Contract Last Revised: 3.18.2023 Page 15 of 26 FWC Contract No.24024 E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Contract must comply with the Federal Funding Accountability and Transparency Act(FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpendingY.gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1,2010, are subject to the FFATA. Contractor agrees to provide the information necessary,over the life of this Contract, for the Commission to comply with this requirement. Section 23. FEDERAL COMPLIANCE. As applicable, Contractor shall comply with all federal laws,rules, and regulations,including but not limited to: A. Clean Air Act and Water Pollution Control Act. All applicable standards,orders,or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water Pollution Control Act(33 U.S.C. 1251-1387, as amended). B. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants 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. This Contract relies on federal funds,therefore,the following terms and conditions apply: A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Contractor is not authorized to expend any federal funds under this Contract to a federal agency or employee without the prior written approval of the awarding federal agency. Governmental Vendor Contract Last Revised: 3.18.2023 Page 16 of 26 FWC Contract No.24024 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 Part 60-1.4). 41 CFR Part 60-1.4 is hereby incorporated by reference. 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". i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12. E. Contract Work Hours and Safety Standards Act 29 CFR 5.5(b) Contract Work Hours and Safety Standards Act is hereby incorporated by reference. F. Rights to Inventions If this Contract is supported by federal funds and meets the definition of"funding agreement" under 37 CFR Part 401.2(a) then the Contractor must comply with all requirements of 37 CFR Part 401. 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 i. This Contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the contractor is required to verify that none of the contractor's principals(defined at 2 CFR§ 180.995) or its affiliates(defined at 2 CFR§ 180.905)are excluded(defined at 2 CFR§ 180.940)or disqualified (defined at 2 CFR§ 180.935). Governmental Vendor Contract Last Revised: 3.18.2023 Page 17 of 26 FWC Contract No.24024 ii. The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by (insert name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C,in addition to remedies available to (insert name of recipient/subrecipient/applicant), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. I. Byrd Anti-Lobbying Amendment Contractors awarded $100,000 or more in Federal funds shall file the required certification. Contractors shall file the required certification with the Commission Contract Manager five (5) business days after contract execution.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,officer or employee of Congress,or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 USC Part 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Contractor who in turn will forward the certification(s)to the Commission. J. Procurement of Recovered Materials i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. ii. Information about this requirement,along with the list of EPA-designated items,is available at EPA's Comprehensive Procurement Guidelines. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. K. Domestic Preference for Procurements i. As appropriate and to the extent consistent with law, the Contractor should, to the greatest extent practicable under a federal award,provide a preference for the purchase, acquisition, or use of goods, products,or materials produced in the United States(including but not limited to iron,aluminum,steel, Governmental Vendor Contract Last Revised: 3.18.2023 Page 18 of 26 FWC Contract No.24024 cement, and other manufactured products). The requirements of this section must be included in all subcontracts including all contracts for work or products under this contract. ii. For purposes of this section: a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass,including optical fiber; and lumber. L. Compliance with Office of Management and Budget Circulars. As applicable, Contractor shall comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). M. Drug Free Workplace. Pursuant to the Drug-Free Workplace Act of 1988, the Contractor attests and certifies that the contractor will provide adrug-free workplace compliant with 41 U.S.C. 81. N. American Rescue Plan Act(ARPA) of 2021. If this Contract relies on ARPA federal funds, then the following shall apply: i. Contractors shall provide their Unique Entity Identifier (UEI) and any other financial information requested in the sarn.Gov financial registration process to the Commission prior to Contract execution. ii. Public Law 117-2, American Rescue Plan Act of 2021, Title XI-Committee of Finance Subtitle M; Section 9901. iii. Coronavirus State Fiscal Recovery Fund (SFRF) (31 CFR Part 35). iv. Office of Management and Budget(OMB) Uniform Guidance (2 CFR 200). V. US Department of Treasury, Compliance and Reporting Guidance State and Local Recovery Funds, as amended. O. 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 Contract 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: Governmental Vendor Contract Last Revised: 3.18.2023 Page 19 of 26 FWC Contract No.24024 i. All iron and steel, manufactured products, and construction materials used in the project 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 subcontractors, successors, or assignees to this Contract will be held to the same requirements as the original Parties to this Contract. 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. CONTRACT-RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6),F.S.,if aproduct 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-enterprises.org. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2),F.S.,the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. Governmental Vendor Contract Last Revised: 3.18.2023 Page 20 of 26 FWC Contract No.24024 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 Contractor is a state agency or subdivision, as defined in Subsection 768.28(2), F.S.,or a governmental entity as defined in Subsection 287.012(14),F.S.,neither Party indemnifies nor insures the other Party for the other Party's negligence. If Contractor is not a state agency or subdivision as defined above, the Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission,and their officers,agents, and employees,from suits,actions,damages, and costs of every name and description,including attorneys'fees,arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by the Contractor,its agents,employees, partners, or subcontractors,provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. However,nothing contained herein shall constitute a waiver by the Commission of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 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 Contract. Section 28. MEDIATION. In the event of any claim or dispute arising by or between the Commission and the Contractor, each Party shall continue to perform as required under the Contract,notwithstanding the existence of such claim or dispute, it being acknowledged that time is of the essence. This provision includes,but is not limited to, the obligation to continue to perform under the Contract 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 Contract 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. Governmental Vendor Contract Last Revised: 3.18.2023 Page 21 of 26 FWC Contract No.24024 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 Contract 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 Contractor shall require all the dispute resolution provisions and requirements set out in this Article 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 Contractor shall carry on the Work and maintain its performance of this Contract during any claim, dispute,or mediation. If any matter sought to be mediated by the Commission or the Contractor involves a claim or other matter by or against 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 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 conditions are incorporated by reference or otherwise,and the Parties to such contract shall mediate Governmental Vendor Contract Last Revised: 3.18.2023 Page 22 of 26 FWC Contract No.24024 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 Contract has been delivered in the State of Florida. Florida law governs this Contract, all agreements arising under or out of this Contract, and any legal action or other proceeding of any kind designed to resolve a dispute that arises out of or relates to this Contract. Wherever possible, each provision of this Contract 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 Contract 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 Contract. 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 Contract, Contractor affirms that Contractor 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.Contractor 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 Contract, the Parties hereby waive trial by jury in any action or proceeding brought by any Party against any other Party pertaining to any matter whatsoever arising out of or in any way connected with this Contract,or with the products or services provided under this Contract,including but not limited to any claim by the Contractor of quantum meruit. Section 31. NO THIRD-PARTY RIGHTS. The Parties hereto do not intend, nor shall this Contract be construed to grant any rights, privileges or interest to any person not a party to this Contract. Section 32. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Contractor of unauthorized aliens a violation of Section 274A(e)of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Contract if the Contractor 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. Governmental Vendor Contract Last Revised: 3.18.2023 Page 23 of 26 FWC Contract No.24024 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-venify_.gov. 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. 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 Contract if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects 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 Contract. If the delay is excusable under this paragraph,the delay will not result in any additional charge or cost under the Contract to either Party. In the case of any delay Contractor believes is excusable under this paragraph, Contractor shall notify the Commission's Contract Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor of its decision in writing.No claim for damages, other than for an extension of time, shall be asserted against the Commission. Contractor shall not be entitled to an increase in the Contract price or payment of Governmental Vendor Contract Last Revised: 3.18.2023 Page 24 of 26 FWC Contract No.24024 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,Contractor shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the Commission or the State,in which case,the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Contractor,provided that Contractor 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 Contractor 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 Contract quantity; or (3) terminate the Contract in whole or in part. Section 35. MEDIA REQUESTS. Contractors shall refer all requests by the media or public relations personnel to the Commission's Contract Manager. Contractors must submit a written request for permission before consulting with the media and, if approved, the Commission may provide consultation and talking points. In relation to this Contract, Contractors will not issue news releases,post social media content,respond to questions,nor will Contractors 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 Contract shall be processed through the Commission only. Section 36. USE OF SMALL UNMANNED AIRCRAFT SYSTEMS Unless superseded or otherwise further described in Attachment A, if the Contractor intends to use a small Unmanned Aircraft System(sUAS)at any time throughout the duration of the Contract,the Contractor shall request approval from the Commission in writing prior to use. Upon request by the Commission, the Contractor shall provide all required documentation, such as license or certification,flight plans,and registrations. The Commission will notify the Contractor in writing of the approval or rejection of the request. If approved, the Contractor 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 the sUAS. Section 37. ENTIRE CONTRACT. This Contract with all incorporated attachments and exhibits represents the entire Contract of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto,unless otherwise provided herein. In the event of conflict,the following order of precedence shall prevail: this contract and its attachments, the terms of the solicitation and the Contractor's response to the solicitation. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Governmental Vendor Contract Last Revised: 3.18.2023 Page 25 of 26 FWC Contract No.24024 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed through their duly authorized signatories on the day and year last written below. CONTRACTOR EXECUTION SIGNATURE COMMISSION EXECUTION SIGNATURE Monroe County BOCC Florida Fish and Wildlife Conservation Commission Contractor Signature Executive Director(or Designee) Signature Print Name Print Name Title Title Date Date MONAOF COUNTY ATTORNEY ���. �S TT H,. ATTACHMENTS 08 �i�si2 Attachments in this Agreement include the following: • Attachment A, Scope of Work • Attachment B, Best Management Practices for DV Removal • Attachment C, Federal Certification Regarding Lobbying • Attachment D, Derelict Vessel Information • Attachment E, Sample Invoice Form • Attachment F, Monthly Progress Report • Attachment G, Vessel Removal Completion Sheet • Attachment H, Certificate of Completion Governmental Vendor Contract Last Revised: 3.18.2023 Page 26 of 26 ATTACEMNT A SCOPE OF WORK FWC Contract No. #24024 Section 1. PURPOSE OR PROJECT WORKPLAN A. Description of Good/Service Monroe County BOCC will remove and dispose of derelict vessels from the public waters of the state within the jurisdiction of Monroe County. 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 Investmaent 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. Section 2. TERMNOLOGY/ACRONYMS A. Derelict Vessel: A vessel that has been investigated and authorized for removal by FWC as a derelict vessel pursuant to section823.11(2), Florida Statutes. Section 3. FUNDING This Contract will be funded with American Rescue Plan Act (ARPA) funds. The terms and conditions related to ARPA funding shall apply. Section 4. CONTRACT ACCEPTANCE AND ACKNOWLEDGEMENT A. Acceptance of Contract: The Contractor shall accept the Contract, and have it signed and returned to the Commission within 30 days of receipt. Failure to have the contract returned within the specified time will render the contract null and void. In some cases, the Commission will allow a modified return time with prior notice and approval from the Commission's Contract Manager. B. Acknowledgment by Contractor of Executed Contract: The Contractor shall provide to the Commission written acknowledgement of receipt of the executed Contract. Such acknowledgment may be emailed to the Contract Manager and must be received before any work begins under this Contract. C. Required Documents i. Federal Certification Regarding Lobbying(Attachment C): Due to the Commission within 5 business days of Contract Execution. ii. Contractor shall provide their Unique Entity Identifier (UEI) and any other financial information requested in the SAM.gov financial registration process to the Commission prior to Contract execution. Contractor shall provide their subcontractor's Unique Entity Identifier (UEI) and any other financial information requested in the SAM.gov financial registration process to the Commission upon the submission of invoice for payment. The Commission is Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24024 unable to reimburse the Contractor for work performed by a Subcontractor without an UEI number. iii. List of Subcontractor and a copy of their E Verify Due to the Commission within 15 days of Contract Execution. Section 5. DELIVERABLES 1. DELIVERABLE#1 Removal and disposal of derelict vessels from the public waters of the State within the jurisdiction of Monroe County. I.I. Specific Project Deliverables and Associated Tasks - The Contractor shall provide all labor, equipment, and materials to remove from the waters of the State within the jurisdiction of Monroe County the derelict vessels listed on Attachment D, Derelict Vessel Information and properly dispose of the vessels in the designated disposal location. Contractor is responsible for the mobilization and demobilization of authorized vessels into custody, on land staging,provision of both land and water-based vessel transport, vessel decontamination, emergency environmental protection measures, vessel destruction, vessel disposal and related services. The Contractor is also responsible for provision of environmental protection measures during vessel removal, transport, destruction, and disposal. Once a vessel is in the Contractor's custody for destruction and disposal, the Contractor will be responsible for destroying the vessel and transporting the remnants to a properly licensed landfill. 1.2. Over the life of the Contract, the Commission's Contract Manager shall provide a list of vessels that have been approved for removal from those vessels listed in Attachment D, Derelict Vessel Information. Vessels may only be removed after receiving approval by the Commission's Contract Manager. Prior to commencement of any removal activities of any vessel listed on Attachment D, the Contractor shall coordinate with the Commission's Contract Manager, as identified herein, to verify correct identification and receive written authorization to commence destruction,ed, and disposal.. Authorization to remove, destroy and dispose requires documentation in FWC's database of: 1) vessel information and 2) verification of waiver from all owners,insurance companies, and lien holders OR verification of due process to all relevant parties. Vessels not listed in Attachment D are outside the scope of this project and are not authorized for removal under this Contract. 1.3. Minimum Level of Performance —The Contractor shall remove, destroy, and dispose of vessels and all parts of the vessels from Attachment D, Derelict Vessel Information. 1.4. Documentation/Criteria for Evaluating the Successful Completion of Deliverable Performance Measure(s) — For each vessel removed, destroyed, and disposed, the Contractor shall complete and provide to the Commission a Vessel Removal Completion Sheet (Attachment G). 1.5. Timeline for Completion —The Contractor shall remove, destroy, and dispose of vessels listed in Attachment D prior to the Contract end date. Vessels listed on Attachment D which have not been authorized for removal and removed by the Contract end date fall outside the scope of this Contract. Monthly progress reports (Attachment F) will be due at the same time. 1.6. Final receipts with required evidence of completion and the signed Certificate of Completion will be received by the Commission's Contract Manager no later than 6/30/2025. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 28 of Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24024 Section 6. PERFORMANCE MEASURES A. Commencement of Work: The Contractor shall commence work on the overall project as soon as notified by the Commission of the contract execution and receipt of acknowledgement is received by the Commission. Failure by the Contractor to perform the work within 60 days of contract execution shall result in the Contract being null and void, unless prior approval for a delay is granted by the Commission's Contract Manager. B. Procurement: The Contractor shall procure goods and services through a competitive solicitation process in accordance with Chapter 287, Florida Statutes. The Contractor 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 B, will provide guidance as to whether or not the selected Subcontractor is qualified to do the work. C. Closeout: Final invoice and receipts with required evidence of completion will be received by the Commission's Contract Manager no later than 6/30/2025. The Final invoice must indicate on the invoice "Final Invoice" and include Attachment H, Certificate of Completion for the overall contract. No additional payments will be made on any invoicing submitted after this "Final Invoice" has been received. Section 7. CONTRACT MONITORING A. Compliance Monitoring and Corrective Actions The Commission will monitor the Contractor's service delivery to determine if the Contractor has achieved the required level of performance. If the Commission in its sole discretion determines that the Contractor failed to meet any of the terms or conditions of this contract, the Contractor will be sent a formal written notice. The Contractor 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 Contract 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 Contract in accordance with the terms of the Contract. B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable, during the removal of project vessels. C. Project Progress Reports: The Contractor shall submit to the Commission, on a monthly basis, project progress reports outlining the progress of the project, and identifying any problems that may have arisen and actions taken to correct such problems. Such reports shall be submitted on the Project Monthly Progress Report Form (Attachment F). Reports are due to the Commission's Contract Manager by the 151h of Attachment A: Scope of Work Last Revised: 3.23.2023 Page 29 of Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24024 the month immediately following the reporting period until the Certificate of Completion (Attachment H) is submitted. D. Best Management Practices: The Contractor shall ensure that the subcontractor chosen to complete the tasks as indicated in this Scope of Work are both able and instructed to follow the Best Management Practices (BMPs) for DV Removal (Attachment B). Failure to follow these BMPs may subject both the Contractor and the Subcontractor to State or Federal fines and penalties if it is shown that these practices were not followed. E. Certificate of Completion: Upon completion of all derelict vessel removals under this Contract, the Contractor's Contract Manager shall sign a Certificate of Completion form, Attachment H, attached hereto and made a part hereof, that certifies the project was completed in accordance with this Scope of Work and the Contract. Section 8. COMPENSATION AND PAYMENT A. Fee Schedule To receive payment, the Contractor must provide the Commission's Contract Manager with a monthly invoice for any vessel removed, destroyed, and disposed of during the preceding 40 days. Monthly invoicing must include all backup documents required for reimbursement as set forth in Section 8E below. For satisfactory completion of the tasks described in this Scope of Work, by the Contractor under the terms of this Contract, the Commission shall pay the Contractor the cost reimbursable amount paid for the removal, destruction and disposal of the derelict vessel not to exceed maximum removal cost per foot as listed below. Payment for budgeted expenses must be directly related to the removal and disposal of vessels within this Contract. the Contractor shall be paid for all vessels that are successfully removed and disposed along with the submission of required documentation. Vessel Size Max. Removal Cost/Ft. Small (T-12') $1,700.00 Medium (1T-40') 11$2,500.00 Large (41'-60') $4,900.00 -11 F>60') $7,100.00 B. Salvage Value Funds received from recycling/salvage must offset the cost of payment for the disposal of that specific vessel at a rate of 50% for the Contractor and 50% for FWC, less any recycling fees. Receipts for the funds received must be submitted with the invoice and detailed on the invoice as a line item. If there are multiple vessels, Contractor shall provide the details of each vessel with materials that were recycled at the landfill or a recycling facility. C. Invoice Schedule The Contractor shall submit a monthly invoice for the completion of vessels that were successfully removed. Invoices may be submitted electronically to the Commission's Contract Manager. Monthly invoices are due to the Commission's Contract Manager by the 151h of the month until the Attachment A: Scope of Work Last Revised: 3.23.2023 Page 30 of Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24024 final invoice is submitted. Should no vessels be removed during any one-month period, the contractor may delay the invoice to the following month for reimbursement. The Contractor Attachment A: Scope of Work Last Revised: 3.23.2023 Page 31 of Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24024 acknowledges that the Commission's Project/Contract Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Travel Expenses Travel expenses are not authorized under this Contract. E. Forms and Documentation for Payment The invoice receipt date shall be recorded as the date of receipt when a proper invoice with all supporting documentation is first received by the Commission. Invoices must be legible and shall contain the items below in detail sufficient for a proper audit. Payment Approval will occur once the Commission's Contract Manager has received all backup, to include an FWC officer's removal Verification Narrative. This approval date will begin the repayment timeline for that invoice. • Invoice (Attachment E, Sample Invoice Form) o Invoice number o Date of the invoice o FWC Contract Number o Contractor's Federal Employer Identification Number (FEIN) o Contractor's Unique Entity ID (SAM.gov) o Dates of service (beginning date—ending date) o Length of vessel, vessel identifier number (Registration number), and Law Enforcement assigned case number o Invoices for fixed unit rate must show the number of units and cost per unit. Prices on the contractor's invoice must match the price listed on the Contractor's Invoice to the Commission; • A copy of the Subcontractor's active E-Verify registration; • A copy of the Subcontractor's active UEI and financial information in the sam.gov financial registration; • A copy of signed Letter of Authorization for each vessel removed; • Vessel Removal Completion sheet (Attachment G) for each vessel; o Photographs in accordance with Vessel Removal Completion sheet (Attachment G). The Commission case number and Contract number are required to be on each photo submitted; • Tipping documents for each vessel or group of vessels disposed of at a landfill facility; • A copy of any recycling receipts for vessel materials disposed of at a recycling facility rather than a landfill facility, along with a copy of the check showing amount paid to the Contractor or Subcontractor; • An invoice from the Contractor's Subcontractor(s) showing the total price for the removal and disposal of each vessel that is authorized to be removed under this Contract; • Proof of payment by the Contractor to their Subcontractor, which may be in the form of a check copy or EFT from the Contractor to the Subcontractor. Amounts paid to the Subcontractor must match the amount included on the invoice to the Commission. The Commission will not reimburse for amounts higher than the maximum removal cost per foot list in Section 8. A. Fee Schedule. If amounts are paid by the Contractor to the Subcontractor(s) for services not associated with this Contract, those service and corresponding amounts must be annotated and clearly separated in the proof of payment documentation submitted; • The Contractor will be required to submit a completed Certification of Completion (Attachment H) for final invoice only. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 32 of Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24024 Section 9. 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. Vessel Verification Narrative will be done by a Commission officer verifying that the entire vessel has been removed according to the SOW. Failure of Contractor to have all receipts and evidence of project performance delivered to FWC on or before 6/30/2025 before close of business may jeopardize payment of funds to the Contractor per the Contract. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 33 of 1 � Attachment B Contract 24024 Best Management Practices for DV removal Derelict Vessel Removal Process Derelict vessels are existing impacts to the environment as well as boating safety hazards, impediments to navigation, and esthetic nuisances. Typically these vessels are found grounded on the edges of active waterways where they may have physical impacts on benthic and shoreline communities. However, the impact of these vessels is not limited to their immediate location. If left unattended, the influences of winds and tides continue to push the boats causing greater impact as they become more deeply mired into the environment. Early extraction of these vessels will avoid and minimize the environmental impacts. In addition to these physical impacts resulting from the movement of these vessel through the environment; there is the longterm effect caused by their continued degradation and decay in the marine environment. These vessels may be constructed of various materials, such as wood, steel, aluminum, or fiberglass; each having varying degrees of resilience and can remain in the marine environment for extended periods of time. With the progression of time; the environmental impacts increase with the shading from the hull and displacement of live bottom and emergent vegetative communities resulting from the expansion of the debris field as the vessels disintegrates. The impacts resulting from the removal of these vessels during any stage is less than the impacts caused by the long-term presence of the vessel in the marine environment. Therefore the early detection and removal of these abandoned and derelict vessels is the best means of minimizing the individual or cumulative impacts to the environment. Derelict Vessel Removal (FDEP) Permit Exemption An Exemption under Florida Administrative Code Chapter 62-330-051(5)(g) by Florida Department of Environmental Protection, has been established for the removal of derelict vessels. Based on the presumption that the extraction of these vessels from the marine environment will cause only minimal environmental impacts and in turn avoid the long-term impacts resulting from the degradation of the vessel at it current location. The environmental impacts are ameliorated by the application of the best management practices referenced below. Florida Administrative Code Chapter 62-330-051(5)(g) (g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local agencies, provided: 1. The derelict vessel case has been completed as specified in Section 705.103, F.S., and has been entered into the Statewide Derelict Vessel Database maintained by the Florida Fish and Wildlife Conservation Commission; 2. All work is done in a manner that, to the greatest practicable extent, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, mangroves, other wetlands, and live bottom; and 3. An absorbent blanket or boom shall be immediately deployed on the surface of the water around the derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work. General Derelict Vessel Removal and Environmental Protection Best Management Practices The following best management practices (BMP's) will be employed by the marine contractor during the removal of derelict vessels. These BMP's will be incorporated into the contact for each vessel removal project. The marine contractor selected for the project will be required to show proof of their ability to meeting the BIVIP 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 (BM Ps) 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 11 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 BIVIPs 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. Attachment C Contract 24024 FEDERAL CERTIFICATION REGARDING LOBBYING APPENDIX A,44 C.F.R.PART 18 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, 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 of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,Administrative Remedies for False Claims and Statements, apply to this certification and disclosure,if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date Attachment D Contract 24024 Derelict Vessel Information Vessel 1: Case#: FWC240N0007856 Description: White 29' Hunter Marine Sailboat Reg:D0590211 HIN: HUN50877M78E Location: 2441.8650N/8105.6040W Atlantic Ocean/Whiskey Creek Disposal: Dispose of in authorized landfill facility Vessel 2: Case#: FWC230N0103905 Description: White 33' Glander Sailboat Reg: FL5218BH HIN: GLB0273102TVA Location: 24 34.3650N / 81 48.5500W Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 3: Case#: FWC230N0101054 Description: White 28'Tracker Marine Houseboat Reg: FL6165NY HIN:BUJ55366B989 Location: 25 00.8201N/80 31.4086W Community Harbor Disposal: Dispose of in authorized landfill facility Vessel 4: Case#: FWC230N0103845 Description: White 9' West Marine Open Motorboat Reg: FL8145TD HIN:JOK66994C919 Location: 24 34.3950N / 81 47.6540 Seaplane Basin / Fleming Key Disposal: Dispose of in authorized landfill facility Vessel 5: Case#: FWC230N0103889 Description: White 30' Hunter Marine Sailboat Reg: FL4931BY HIN: HUN70633M79C30 Location: 24 34.4340N/8148.5570W Gulf State Waters Disposal: Dispose of in authorized landfill facility Vessel 6: Case#: FWC240N0026809 Description: White 35' Hattaras Cabin Motorboat Reg: Unknown HIN: Unknown Location: 24 51.5591N / 80 43.5249W Bayside MM74 Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 7: Case 9: FWC240N0028876 Description: White 34' Mainship Corp Cabin Motorboat Reg:D0948927 HIN: MPC35054C888 Location: 24 55.3410N / 80 38.4820W Big Basin Disposal: Dispose of in authorized landfill facility Vessel 8: Case 9: FWC240N0032526 Description: White 38' Hattaras Cabin Motorboat Reg:FL8856TL HIN: 38DC32 Location: 24 34.0540N/8146.6590W Seaplane Basin Disposal: Dispose of in authorized landfill facility Vessel 9: Case 9: FWC230N0002572 Description: White 35'Ta Yang Sailboat Reg:D0576581 HIN: AYA000120476 Location: 24 34.9860N / 81 48.0460W Man O War Harbor Disposal: Dispose of in authorized landfill facility Vessel 10: Case 9: FWC230N0003826 Description: White/Blue 33'Cruiser Cabin Motorboat Reg:FL9749HJ HIN: 682855 Location: 24 57.0640N/80 36.1310W Bay/Sound Bayside Windley Disposal: Dispose of in authorized landfill facility Vessel 11: Case 9: FWC230N0003790 Description: White 42'Chris Craft Cabin Motorboat Reg: FL4100ES HIN:FBA42035R Location: 24 57.2960N/80 36.1890W Bay/Sound Barley Basin Disposal: Dispose of in authorized landfill facility Vessel 12: Case 9: FWC230N0014900 Description: Rust/White 60' Steel Submarine Reg: Unknown HIN:Unknown Location: 24 41.4990N / 81 06.5330W Atlantic Ocean / Boot Key Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 13: Case#: FWC230N0018216 Description: White 22' Godfrey Marine Pontoon Boat with homemade Cabin Reg: FL5097MC HIN: GDY270OPK203 Location: 25 05.9960N / 80 26.4260W Buttonwood Bay Disposal: Dispose of in authorized landfill facility Vessel 14: Case#: FWC230N0021000 Description: Blue 50' Steel Barge Reg: Unknown HIN:Unknown Location: 24 57.7303N / 80 34.6054W Bayside of MM87 Disposal: Dispose of in authorized landfill facility Vessel 15: Case #: FWC230N0020645 Description: White 31' Seafarer Sailboat Reg: FL9252GM HIN:DLZL11331284 Location: 24 33.8040N/8143.2350W Atlantic Ocean/Boca Chica Disposal: Dispose of in authorized landfill facility Vessel 16: Case #: FWC230N0030544 Description: White 32' Irwin Yachts Sailboat Reg: FL3864BL HIN:XYM33057174 Location: 24 39.669N/81 26.466W Canal Behind 25081 Old Highway 1, Summerland Key Disposal: Dispose of in authorized landfill facility Vessel 17: Case#: FWC230N0034653 Description: White 36' Stardust Cabin Motorboat Reg: FL2720SH HIN: SMC36F35M79B Location: 25 06.6619N/ 80 25.0959W In Canal Disposal: Dispose of in authorized landfill facility Vessel 18: Case#: FWC230N0036038 Description: White 31'Sea Ray Cabin Motorboat Reg:MC6823LM HIN: SER25T800682 Location: 25 06.6618N/80 25.0957W Atlantic Ocean/In Canal Disposal: Dispose of in authorized landfill facility Vessel 19: Case#: FWC230N0047281 Description: White/Blue 39' Homemade Cabin Motorboat Reg: FL4242FG HIN:FLZJ4802A888 Location: 25 07.9610N / 8- 26.3050W Tarpon Basin Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 20: Case 9: FWC230N0051465 Description: White 59'Tiara Yachts Cabin Motorboat Reg: FL2619RR HIN: SSUM5059L203 Location: 25 01.2330N/80 29.8539W Atlantic Ocean/Dove Creek Disposal: Dispose of in authorized landfill facility Vessel 21: Case 9: FWC230N0052539 Description: White 24' Sportcraft Open Motorboat Reg: FL8611GX HIN: SCR33017K889 Location: 25 07.0140N/80 24.7080W Canal at La Paloma Disposal: Dispose of in authorized landfill facility Vessel 22: Case 9: FWC230N0057791 Description: White 45' Capri Houseboat Reg: FL5727AW HIN:FLZF7190I570-450270 Location: 25 00.7170N/80 31.3480W Community Harbor Disposal: Dispose of in authorized landfill facility Vessel 23: Case 9: FWC230N0058419 Description: White 28' Home Crafted Products Sailboat Reg:FL8054PD HIN: 647446 Location: 24 34.9630N / 81 43.9400W Gulf of Mexico / Mangroves of Key Haven Disposal: Dispose of in authorized landfill facility Vessel 24: Case 9: FWC230N0061675 Description: White 24' Trojan Cabin Motorboat Reg: Unknown HIN:Unknown Location: 24 34.2513N/8143.8076W Boca Chica Channel Disposal: Dispose of in authorized landfill facility Vessel 25: Case 9: FWC230N0072672 Description: White 32' Homemade Cabin Motorboat Reg: FL4227BF HIN:FLZ16140873 Location: 25 01.4490N / 80 27.4700W Atlantic Ocean Disposal: Dispose of in authorized landfill facility Vessel 26: Case 9: FWC230N0077547 Description: White 26' Unknown Sailboat Reg: Unknown HIN:Unknown Location: 24 42.2810N / 81 06.4050W Atlantic Ocean / Boot Key Harbor Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 27: Case#: FWC230N0078769 Description: White/Blue 15' Homemade Open Motorboat Reg: FL6860HK HIN:FLZS9005I595 Location: 24 56.5400N /80 36.4620W Windley Key Bight/ MM 84.5 Bayside Disposal: Dispose of in authorized landfill facility Vessel 28: Case#: FWC230N0078806 Description: White 10' Unknown Open Motorboat Reg: Unknown HIN:Unknown Location: 25 00.7520N / 80 31.3820W Bay/ Cotton Key Basin Disposal: Dispose of in authorized landfill facility Vessel 29: Case #: FWC230N0081865 Description: White 30' Pearson Sailboat Reg:FL5361FV HIN: 610388 Location: 24 38.7750N/81 24.2610W Atlantic State Waters East of Ramrod Key Disposal: Dispose of in authorized landfill facility Vessel 30: Case #: FWC230N0083734 Description: White 27' Watkins Sailboat Reg: MD4169AF HIN: WYM270630478 Location: 24 50.2030N / 80 45.6390W Oceanside MM 72 Disposal: Dispose of in authorized landfill facility Vessel 31: Case#: FWC230N0089350 Description: White 25' Grampion Sailboat Reg: FL4490DD HIN:FLZN9109E269 Location: 25 07.9170N / 80 25.4050W Tarpon Basin Disposal: Dispose of in authorized landfill facility Vessel 32: Case#: FWC230N0090717 Description: White/Grey 13' Personal Watercraft Reg: Unknown HIN:Unknown Location: 24 40.0093N / 81 26.2224W Atlantic Ocean Disposal: Dispose of in authorized landfill facility Vessel 33: Case#: FWC230N0095626 Description: Black 14'Johnsen Open Motorboat Reg: FL9645CF HIN: WFG301THM776 Location: 25 07.2170N / 80 25.4290W Tarpon Basin Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 34: Case#: FWC230N0095628 Description: Burnt 39'Sea Ray Cabin Motorboat Reg: FL8654NZ HIN: SERF6786K586 Location: 25 07.9820N / 80 26.2790W Tarpon Basin Disposal: Dispose of in authorized landfill facility Vessel 35: Case#: FWC230N0099729 Description: White 26'Catalina Yachts Sailboat Reg:FL6695LL HIN: 944 Location: 25 00.8220N/80 31.4060W Community Harbor Disposal: Dispose of in authorized landfill facility Vessel 36: Case#: FWC230N0099899 Description: White 48' Seagoing Houseboat Reg: FL9489JB HIN:21640948F129 Location: 24 33.9320N/8145.0130W Cow Key Channel Disposal: Dispose of in authorized landfill facility Vessel 37: Case#: FWC230N0115954 Description: White 25' Grampian Sailboat Reg: FL0932BL HIN: GRM265380373 Location: 24 34.9590N /81 48.0200W Gulf of Mexico / Man O War Harbor Disposal: Dispose of in authorized landfill facility Vessel 38: Case#: FWC230N0116643 Description: White 29' Unknown Sailboat Reg: D0513872 HIN: D0513872 Location: 24 34.9740N /81 48.0310W Gulf of Mexico / Man O War Harbor Disposal: Dispose of in authorized landfill facility Vessel 39: Case#: FWC230N0115465 Description: Blue 30' Unknown Houseboat Reg: Unknown HIN:Unknown Location: 24 34.1140N/8143.7520W Boca Chica Channel Disposal: Dispose of in authorized landfill facility Vessel 40: Case#: FWC230N0117632 Description: White 49' Holiday Mansion Houseboat Reg: FL3422KE HIN: HMH49022H990 Location: 24 43.9730N/8100.6533W Atlantic State Waters/Coco Plum Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 41: Case#: FWC230N0118250 Description: White 27'Sea Ray Cabin Motorboat Reg: FL8808RF HIN: SER28T910383 Location: 25 07.4770N/80 25.1210W Tarpon Basin MM102 Disposal: Dispose of in authorized landfill facility Vessel 42: Case#: FWC230N0118541 Description: White 28'O'Day Corp Sailboat Reg: FL6634EK HIN:XDYN0253M81E Location: 25 05.3620N 80 27.2040W Buttonwood Sound / MM98 Disposal: Dispose of in authorized landfill facility Vessel 43: Case #: FWC230N0119100 Description: White/Blue 44' Irwin Yachts Sailboat Reg: D0556438 HIN:XYM450083073 Location: 25 07.7930N / 80 25.0670W Tarpon Basin Disposal: Dispose of in authorized landfill facility Vessel 44: Case #: FWC230N0118254 Description: White/Blue 34' Hunter Marine Sailboat Reg: FL7371HJ HIN: HUN34306M83K Location: 24 35.0220N /81 48.0620W Man O War Harbor/Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 45: Case#: FWC230N0120008 Description: White 26' Hunter Marine Sailboat Reg: FL8850FR HIN: HUNB0128F787 Location: 25 05.4270N/80 27.4800W Buttonwood Sound/Sunset Cove Disposal: Dispose of in authorized landfill facility Vessel 46: Case#: FWC230N0120211 Description: White 18' Mid-American Mfg. Inc. Houseboat Reg: FL5207LK HIN: SHB23426H001 Location: 25 07.8860N / 80 25.1060W Tarpon Basin Disposal: Dispose of in authorized landfill facility Vessel 47: Case#: FWC230N0120387 Description: White 30' Performance Cruising Inc. Sailboat Reg: FL9155GX HIN:PC100203G787 Location: 25 00.8960N/80 31.2150W Community Harbor Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 48: Case 9: FWC230N0120244 Description: White 31' New Bombay Trading Co. Sailboat Reg: D0645913 HIN:NBTBC0150276 Location: 25 00.7340N / 80 31.3660W Tavernier / Community Harbor (Gulf) MM91 Disposal: Dispose of in authorized landfill facility Vessel 49: Case 9: FWC230N0120512 Description: Green 26' Offshore Houseboat Reg: FL4237TJ HIN:FFS281040178 Location: 25 07.3590N / 80 25.1640W Tarpon Basin Disposal: Dispose of in authorized landfill facility Vessel 50: Case 9: FWC230N0120552 Description: White 28' Unknown Make Sailboat Reg: FL3955EK HIN: CCHDC607M83A-281 Location: 25 07.7490N / 80 25.0920W Tarpon Basin Disposal: Dispose of in authorized landfill facility Vessel 51: Case 9: FWC240N0000381 Description: Blue 35' Minnesota Homemade Boats Sailboat Reg: FL0352PV HIN: NINZG00151076 Location: 24 34.4598N / 81 48.0294W Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 52: Case 9: FWC240N0001314 Description: Green 9'Yamaha Motor Corp. Personal Watercraft Reg: FL1041KC HIN: YAML5505I697 Location: 25 07.9750N / 80 25.2080W Tarpon Basin Disposal: Dispose of in authorized landfill facility Vessel 53: Case 9: FWC240N0001817 Description: White 42' Gibson Fiberglass Prods Inc. Houseboat Reg: FL6592FK HIN: GBN42830K586 Location: 25 07.9797N / 80 25.2008W Tarpon Basin Disposal: Dispose of in authorized landfill facility Vessel 54: Case 9: FWC240N0001300 Description: Blue/White 35' Unknown Make Sailboat Reg: Unknown HIN:Unknown Location: 25 13.9900N / 80 13.9230W Manatee Bay near Key Largo Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 55: Case#: FWC240N0001186 Description: Red12' Saturn Inflatable Vessel Reg: Unknown HIN:Unknown Location: 24 34.5150N/8143.8220 Boca Chica Basin/Key Haven Boat Ramp Disposal: Dispose of in authorized landfill facility Vessel 56: Case#: FWC240N0001298 Description: White 40' Silverton Marine Cabin Motorboat Reg: FL9571TC HIN: SLTN40105M84 Location: 25 13.2190N / 80 25.6650W Manatee Bay Disposal: Dispose of in authorized landfill facility Vessel 57: Case #: FWC240N0001174 Description: Blue 13' Unknown Make Open Motorboat Tied to Dock Reg: Unknown HIN:Unknown Location: 24 34.0590N/8143.6920W Boca Chica Channel Disposal: Dispose of in authorized landfill facility Vessel 58: Case #: FWC240N0001178 Description: White 12' Unknown Open Vessel fully submerged Reg: Unknown HIN:Unknown Location: 24 34 050ON/8143.6860W Boca Chica Channel Disposal: Dispose of in authorized landfill facility Vessel 59: Case#: FWC240N0001199 Description: White 31' North Carolina Homemade Sailboat Reg: DOI136185 HIN:NCZ10193HQ83 Location: 25 05.7270N/80 27.0680W Buttonwood Sound/Sunset Cove Disposal: Dispose of in authorized landfill facility Vessel 60: Case#: FWC240N0001893 Description: White 24' American Marine/Open Motorboat Reg: FL5205PF HIN: AMX00333C75G Location: 25 00.6670N / 80 31.3450W Community Harbor Tavernier MM92 Disposal: Dispose of in authorized landfill facility Vessel 61: Case#: FWC240N0001868 Description: Green/White 10' Kawasaki Personal Watercraft Reg: FL6890ME HIN: KAW80321B202 Location: 25 07.9750N/80 25.2090W Tarpon Basin MM101 Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 62: Case#: FWC240N0001879 Description: White/Red 10' Yamaha Personal Watercraft Reg: Unknown HIN:Unknown Location: 25 07.9750N / 80 25.2090W Tarpon Basin Disposal: Dispose of in authorized landfill facility Vessel 63: Case#: FWC240N0001889 Description: White 14' Unknown open motorboat Reg: Unknown HIN:Unknown Location: 25 00.7860N/80 31.2530W Community Harbor Disposal: Dispose of in authorized landfill facility Vessel 64: Case #: FWC240N0001904 Description: White 8' Bass Hunter Open Motorboat Reg: FL4126TR HIN: BKH00116H708 Location: 25 00.6667N/80 31.3450W Community Harbor MM92 Disposal: Dispose of in authorized landfill facility Vessel 65: Case #: FWC240N0001515 Description: White 22' Hutchins Sailboat Reg: FL3456DP HIN:ABV00159MIJ Location: 25 03.1569N/80 27.3673W Rock Harbor Disposal: Dispose of in authorized landfill facility Vessel 66: Case#: FWC240N0002070 Description: White 30' Luger Sailboat Reg: FL9862FP HIN: VAZ58A86H686 Location: 25 08.0230N / 80 25.1960W Tarpon Basin Disposal: Dispose of in authorized landfill facility Vessel 67: Case#: FWC240N0000947 Description: White 28' Wellcraft Marine Cabin Motorboat Reg: FL3617JX HIN: WELCNA15I697 Location: 24 34.2820N / 81 48.8030W Ocean / Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 68: Case#: FWC240N0002258 Description: White 34' Peterson Sailboat Reg: FL8502PR HIN:CTE340841880 Location: 25 08.6413N/80 25.5252W Dusenbury Creek Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 69: Case#: FWC240N0003038 Description: White 33' Wellcraft Marine Cabin Motorboat Reg: FL7834FN HIN: WELC3236D787 Location: 24 34.4210N/8145.1800W Cow Key Channel North Disposal: Dispose of in authorized landfill facility Vessel 70: Case#: FWC240N0002947 Description: White 26' Coronado Sailboat Reg: FL6025GD HIN:FLZK4223J871 Location: 25 00.9000N/80 31.2130W Community Harbor Disposal: Dispose of in authorized landfill facility Vessel 71: Case #: FWC240N0002561 Description: White/Green 24' Playcraft Open Motorboat Reg: FL6822JH HIN: CDG96839D494 Location: 24 33.5450N/8144.2470W Cow Key/Atlantic Ocean Disposal: Dispose of in authorized landfill facility Vessel 72: Case #: FWC240N0011789 Description: Red 14' Hobiecat Sailboat Reg: Unknown HIN:Unknown Location: 24 34.2360N/8146.7330W Seaplane Basin/Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 73: Case#: FWC240N0011825 Description: White 13' Pro Sport Open Motorboat Reg: FL3007JD HIN: PXKA0024HO91 Location: 24 35.8580N / 81 48.0490W Demolition Key Disposal: Dispose of in authorized landfill facility Vessel 74: Case#: FWC240N0013701 Description: White/Graffiti 30' Unknown Sailboat Reg: Unknown HIN:Unknown Location: 24 35.2050N / 81 51.5700W Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 75: Case#: FWC240N0015092 Description: White/Red Stripes 25' O'Day Sailboat Reg: FL7117SV HIN:XDYG1066M761 Location: 24 34.1020N / 81 48.8330W Wisteria Island / Gulf of Mexico Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 76: Case#: FWC240N0015468 Description: White 27' Dufour USA Inc. Sailboat Reg: FL1153KF HIN: DUF10361M73G Location: 24 34.9450N /81 48.8580W Wisteria /Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 77: Case#: FWC240N0015810 Description: White 24' Cape Dory Sailboat Reg: FL3044LZ HIN: CPDE0695M79F Location: 24 34.6250N / 81 51.5660W Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 78: Case #: FWC240N0023648 Description: Blue 24' Open Monark Boats Open Motorboat Reg: FL1034NY HIN: MAKE3458A888 Location: 24 35.2250N /81 48.0670W Mano O War Harbor Disposal: Dispose of in authorized landfill facility Vessel 79: Case #: FWC240N0025304 Description: White 12' Unknown Catamaran Reg: Unknown HIN:Unknown Location: 24 34.1420N/8143.3930W Boca Chica Basin Disposal: Dispose of in authorized landfill facility Vessel 80: Case#: FWC240N0025306 Description: White submerged 30' Unknown Power Vessel Reg: Unknown HIN:Unknown Location: 24 34.2700N/8143.6630W Boca Chica Basin Disposal: Dispose of in authorized landfill facility Vessel 81: Case#: FWC240N0025311 Description: White 25' Unknown Sailboat Reg: Unknown HIN:Unknown Location: 24 34.2960N/8143.7690W Boca Chica Basin Disposal: Dispose of in authorized landfill facility Vessel 82: Case#: FWC240N0027179 Description: White 49' Marine Trading Cabin Motorboat Reg: D0930612 HIN: ETY49027B888 Location: 24 55.3600N / 80 38.3940W Big Basin Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 83: Case#: FWC240N0027253 Description: Blue 30' Tracker Marine Open Motorboat Reg: FL5065PD HIN:BUJ22248J596 Location: 24 33.8350N/8143.3140W Boca Chica Basin Disposal: Dispose of in authorized landfill facility Vessel 84: Case #: FWC240N0027394 Description: Lt Blue 28' Homemade Open Motorboat Reg: FL5967FG HIN: FLZL7503AO89 Location: 24 33.5400N/8144.4590W Oceanside Cow Key Channel Disposal: Dispose of in authorized landfill facility Vessel 85: Case #: FWC240N0028359 Description: White 18' Hydra-Sport Open Motorboat Reg: FL3395ML HIN:HSZ8C114L485 Location: 24 33.9560N/8146.4770W Salt Run Channel Disposal: Dispose of in authorized landfill facility Vessel 86: Case #: FWC240N0029294 Description: Gray 12' Porta-Bote International Open Motorboat Reg: FL1166PA HIN:KPB6950OJ202 Location: 24 33.8510N / 81 46.9490W Garrison Bight Disposal: Dispose of in authorized landfill facility Vessel 87: Case#: FWC240N0033119 Description: White 36' Unknown Houseboat Reg: Unknown HIN:Unknown Location: 24 33.8080N/8144.5170W East of Cow Key Channel Disposal: Dispose of in authorized landfill facility Vessel 88: Case#: FWC240N0034625 Description: White 24' Florida Homemade Sailboat Reg: FL5073GJ HIN: FLZK6731A987 Location: 24 33.9270N/8143.4120W Boca Chica Basin Disposal: Dispose of in authorized landfill facility Vessel 89: Case#: FWC240N0035685 Description: Yellow 45'Smith Cabin Motorboat Reg: FL4238KA HIN:PRT450050181 Location: 24 33.8287N/81 43.4708W Boca Chica Basin/Atlantic Ocean Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 90: Case 9: FWC240N0041133 Description: Off White 31' Taiwan Cabin Motorboat Reg: Unknown HIN:Unknown Location: 24 34.2349N/8143.3313W Boca Chica Basin Disposal: Dispose of in authorized landfill facility Vessel 91: Case 9: FWC240N0041396 Description: White 12'Yamaha Motor Corp. Personal Watercraft Reg: FL6203LC HIN: YAMC8488G999 Location: 24 43.1448N/81 22.5029W Koehen Boat Ramp Disposal: Dispose of in authorized landfill facility Vessel 92: Case 9: FWC240N0045059 Description: Red 15' Flair Open Motorboat Reg: FL8224EA HIN:FBC4015M81J Location: 24 42.1490N / 81 06.2850W Atlantic Ocean / Boot Key Harbor Disposal: Dispose of in authorized landfill facility Vessel 93: Case 9: FWC240N0045170 Description: White 9' Boston Whaler Open Motorboat Reg: FL0870GE HIN: BWC9665EB888 Location: 24 42.5140N/81 06.8370W Gulf of Mexico/Old Seven Mile Marina Disposal: Dispose of in authorized landfill facility Vessel 94: Case 9: FWC240N0045057 Description: Blue 8' Unknown Make Paddle Craft Reg:None HIN:None Location: 24 42.1680N / 81 06.3150W Atlantic Ocean / Boot Key Harbor Disposal: Dispose of in authorized landfill facility Vessel 95: Case 9: FWC240N0046094 Description: White 25'Tiara Open Motorboat Reg: FL4741EE HIN: SSUP530OM83A Location: 24 41.8090N / 81 05.3140W Atlantic Ocean / Boot Key Harbor Disposal: Dispose of in authorized landfill facility Vessel 96: Case 9: FWC240N0050407 Description: White 32' Chance Cabin Motorboat Reg:FL0714LN HIN: D0548238 Location: 24 57.3530N/80 53.2780W Atlantic Ocean/Conch Key Marina Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 97: Case 9: FWC22ON0034643 Description: Blue/White 15' Migrant Vessel Reg:None HIN:None Location: 25 09.19568N/80 21.9839W North Sound Creek Disposal: Dispose of in authorized landfill facility Vessel 98: Case 9: FWC22ON0044628 Description: Rust colored 16' Migrant Vessel Reg:None HIN:None Location: 24 52.1070N/80 42.1713W Sea Ln Islamorada Disposal: Dispose of in authorized landfill facility Vessel 99: Case 9: FWC22ON0048118 Description: Black/White 18' Migrant Vessel Reg:None HIN:None Location: 25 01.3781N/80 29.6636W Harry Harris Park Disposal: Dispose of in authorized landfill facility Vessel 100: Case 9: FWC22ON0048192 Description: Blue 22' Migrant Vessel Reg: VC5361.F.L5 HIN:None Location: 24 48.6540N/80 49.7160W Long Key State Park Disposal: Dispose of in authorized landfill facility Vessel 101: Case 9: FWC22ON0061668 Description: Grey 12' Unknown Motorboat Reg:None HIN:None Location: 25 00.8504N/80 30.6485W In Canal at Dubonnet Road Tavernier Atlantic Side Disposal: Dispose of in authorized landfill facility Vessel 102: Case 9: FWC22ON0073875 Description: Multicolored 15' Migrant Vessel Reg:None HIN:None Location: 25 01.5455N/80 29.5856W Atlantic/Washed Ashore Harry Harris Park Disposal: Dispose of in authorized landfill facility Vessel 103: Case 9: FWC22ON0075022 Description: Off White 16' Migrant Vessel Reg:None HIN:None Location: 25 15.3360N / 80 18.4820W Atlantic Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 104: Case 9: FWC220N0080110 Description: White 25' Migrant Vessel marked OK in red Reg:None HIN:None Location: 24 37.3520N/81 30.9990W Sugarloaf Beach Disposal: Dispose of in authorized landfill facility Vessel 105: Case 9: FWC220N0091649 Description: White 29' Kenner Sailboat Reg: D0516574 HIN: D0516574 Location: 24 33.9644N / 81 48.7940W Key West Harbor Disposal: Dispose of in authorized landfill facility Vessel 106: Case 9: FWC220N0102975 Description: White 35' Pearson Yachts Sailboat Reg:FL4163RF HIN: 265 Location: 24 35.0560N / 81 48.4080W Man O War Harbor Disposal: Dispose of in authorized landfill facility Vessel 107: Case 9: FWC230N0012653 Description: White 26' Bayliner Marine Cabin Motorboat Reg: FL8565CW HIN:BLBS90EP481 Location: 24 38.9280N/81 34.2120W Sugarloaf Bay Disposal: Dispose of in authorized landfill facility Vessel 108: Case 9: FWC230N0012654 Description: Green 23' Florida Homemade Houseboat Reg: FL4752PT HIN: FLZDZ340F414 Location: 24 39.0480N/81 34.2780W Sugarloaf Bay Disposal: Dispose of in authorized landfill facility Vessel 109: Case 9: FWC230N0017968 Description: White 34'Columbia Yacht Sailboat Reg: FL9823JK HIN: CLYC03131172 Location: 24 34.5600N/8143.5070W Atlantic Ocean State Waters Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 110: Case 9: FWC230N0057766 Description: White 33'Chris Craft Cabin Motorboat Reg: FL6208DR HIN:MDA33000SH Location: 25 05.4770N/80 26.9220W Sunset Cove Bayside MM 98 Disposal: Dispose of in authorized landfill facility Vessel 111: Case 9: FWC230N0078176 Description: White 10' Unknown Open Motorboat Reg: Unknown HIN:Unknown Location: 24 41.8080N/8105.3090W Sisters Creek Disposal: Dispose of in authorized landfill facility Vessel 112: Case 9: FWC230N0086828 Description: White 15' Unknown Open Motorboat Reg: Unknown HIN:Unknown Location: 24 57.5790N/80 37.3290W Cotton Key Basin Disposal: Dispose of in authorized landfill facility Vessel 113: Case 9: FWC230N0089664 Description: White 26'Chrysler Boat Corp Sailboat Reg: FL2547NL HIN: CBC56750M79C Location: 25 10.9590N / 80 23.1500W Off Jewfish Creek Disposal: Dispose of in authorized landfill facility Vessel 114: Case 9: FWC230N0093765 Description: Off White 27'Chris Craft Cabin Motorboat Reg: FL4860AE HIN:FXA273031 Location: 25 09.2440N/80 27.2950W Blackwater Sound Disposal: Dispose of in authorized landfill facility Vessel 115: Case 9: FWC230N0096790 Description: Off White 36' Regal Boats Cabin Motorboat Reg:NH812OBC HIN: RGMKC20OJ899 Location: 24 43.9494N/8100.8460W Atlantis State Waters Bonefish Basin Disposal: Dispose of in authorized landfill facility Vessel 116: Case 9: FWC230N0099542 Description: White/Blue 25' Stamas Cabin Motorboat Reg: FL1078AE HIN: FL1078AE Location: 24 34.1440N/8143.7570W Boca Chica Basin Atlantic Ocean Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 117: Case #: FWC230N0101996 Description: Off White 26'Cruisers Cabin Motorboat Reg: FL8338FS HIN: CR55077BA686 Location: 25 10.7930N / 80 23.2850W Gulf Disposal: Dispose of in authorized landfill facility Vessel 118: Case#: FWC230N0107701 Description: White 27' Bayliner Marine Sailboat Reg: FL4756HK HIN:BLB028B71074 Location: 24 42.2790N / 81 06.4410W Atlantic Ocean / Boot Key Harbor Disposal: Dispose of in authorized landfill facility Vessel 119: Case#: FWC230N0115183 Description: White 35' Pearson Sailboat Reg: FL9736RT HIN: PEA39309M76B Location: 24 34.2850N/8143.4010W Boca Chica Basin Disposal: Dispose of in authorized landfill facility Vessel 120: Case#: FWC230N0116380 Description: White 36'Grand Banks Cabin Motorboat Reg: Unknown HIN: OHZ40527K668 Location: 24 42.1680N /81 06.3120W/ Boot Key Harbor Disposal: Dispose of in authorized landfill facility Vessel 121: Case #: FWC230N0117692 Description: White 36' Trojan Cabin Motorboat Reg: FL1720RE HIN:TRJ041301I73 Location: 24 34.4170N/8143.9430W Boca Chica Basin Disposal: Dispose of in authorized landfill facility Vessel 122: Case #: FWC230N0119436 Description: Blue 25'Catalina Sailboat Reg: FL2139NW HIN: CTVK1047M79E Location: 24 34.9270N / 81 48.7340W Wisteria Disposal: Dispose of in authorized landfill facility Vessel 123: Case #: FWC240N0000879 Description: White 22' Rhodes Sailboat Reg: FL6867CK HIN: GBX220112A83 Location: 24 33.5070N/8144.7980W Cow Key/Atlantic Ocean Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 124: Case #: FWC240N0004525 Description: White 19' Hunter Marine Sailboat Reg: FL9971HK HIN: HUNE0002A393 Location: 24 33.8270N/8146.3660W Salt Run Channel/Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 125: Case#: FWC240N0004530 Description: Blue/White 24' Avalon &Tahoe Pontoon Vessel Reg: FL7083PK HIN: DVN58376G111 Location: 24 33.8220N/8146.3760W Salt Run Channel/Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 126: Case#: FWC240N0005776 Description: Blue 30'Columbia Boat works Sailboat Reg:FL0086TG HIN: 514533 Location: 24 42.4810N / 81 07.2780W Gulf of Mexico / Bayside MM47 Disposal: Dispose of in authorized landfill facility Vessel 127: Case#: FWC20ON0005826 Description: White 25' Mirage Yachts Sailboat Reg: FL6653JK HIN: ZMYKA2140283 Location: 24 55.5980N / 80 37.7980W Big Basin Disposal: Dispose of in authorized landfill facility Vessel 128: Case #: FWC240N0005884 Description: Red/White 16' Action Marine Open Motorboat Reg: FL7294DA HIN: ACM1602OM78F Location: 24 34.1100N/8147.0220W Seaplane Basin Disposal: Dispose of in authorized landfill facility Vessel 129: Case #: FWC240N0006329 Description: White 38'Chris Craft Cabin Motorboat Reg: FL4106HK HIN:FDA382015R Location: 24 42.2960N / 81 06.3910W Atlantic Ocean / Boot Key Harbor Disposal: Dispose of in authorized landfill facility Vessel 130: Case #: FWC240N0010892 Description: White 23' Hunter Marine Open Motorboat Reg: FL8596RL HIN: HUNA2294C393 Location: 24 34.1779N/8146.4624W Seaplane Basin/Gulf of Mexico Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 131: Case #: FWC240N0010910 Description: White 33'Glander Boats Sailboat Reg: FL1017HK HIN: GLB 111 0473TVA Location: 24 34.2360N/8146.5180W Seaplane Basin/Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 132: Case#: FWC240N0012605 Description: Off White 35' Trojan Yachts Cabin Motorboat Reg: FL4466LL HIN:TRJJL023K889 Location: 25 05.5420N / 80 27.0380W Buttonwood Sound Disposal: Dispose of in authorized landfill facility Vessel 133: Case#: FWC240N0013561 Description: White 36'Columbia Sailboat Reg:D0549170 HIN: HULL 11 Location: 24 33.7856N / 81 48.1654W Key West Harbor Disposal: Dispose of in authorized landfill facility Vessel 134: Case#: FWC240N0014130 Description: Blue / White 31' Bayliner Cabin Motorboat Reg: FL6762PH HIN: BLBA03EGC889 Location: 24 55.3890N / 80 38.4360W Big Basin Disposal: Dispose of in authorized landfill facility Vessel 135: Case #: FWC240N0014139 Description: Blue 30' Unknown Houseboat Reg: Unknown HIN:Unknown Location: 24 55.3890N / 80 38.4360W Big Basin Disposal: Dispose of in authorized landfill facility Vessel 136: Case #: FWC240N0014422 Description: White 38' Bayliner Marine Cabin Motorboat Reg: FL0018PD HIN: BL2A35ELA686 Location: 24 34.9250N / 81 48.4340W Man O War Harbor Disposal: Dispose of in authorized landfill facility Vessel 137: Case #: FWC240N0015727 Description: White 27' Hutchins Sailboat Reg: FL2270EX HIN:ABV00015J586 Location: 24 42.2110N / 81 05.8770W Atlantic/ Boot Key Harbor Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 138: Case 9: FWC240N0015735 Description: White 29'Seidelmann Yachts Sailboat Reg: FL2527RJ HIN:XFR29521M84C Location: 24 42.5780N / 81 05.1060W Atlantic/ Boot Key Harbor Disposal: Dispose of in authorized landfill facility Vessel 139: Case 9: FWC240N0020372 Description: White 40' Hatteras Cabin Motorboat Reg: FL5731SV HIN: D0509649 Location: 24 34.3848N/8143.6995W Atlantic/Boca Chica Basin Disposal: Dispose of in authorized landfill facility Vessel 140: Case 9: FWC240N0020596 Description: Black 26'Grampian Sailboat Reg:FL2158NY HIN: 42E6225 Location: 24 34.1690N / 81 48.7400W Wisteria Disposal: Dispose of in authorized landfill facility Vessel 141: Case 9: FWC240N0024176 Description: White 39'Sea Ray Boats Cabin Motorboat Reg: FL2077RS HIN: SERF7707J687 Location: 24 42.7410N / 81 06.8770W Gulf of Mexico / Bayside MM 47.5 Disposal: Dispose of in authorized landfill facility Vessel 142: Case 9: FWC240N0026862 Description: White 31' Bertram Yachts Cabin Motorboat Reg: FL7580RG HIN: FLZDW814B468 Location: 24 55.3283N / 80 38.5007W Barley Basin Disposal: Dispose of in authorized landfill facility Vessel 143: Case 9: FWC240N0027090 Description: White 33' Unknown Make Sailboat Reg: Unknown HIN:Unknown Location: 24 55.3700N / 80 38.3430W Big Basin Disposal: Dispose of in authorized landfill facility Vessel 144: Case 9: FWC240N0028071 Description: White 35'Sea Ray Cabin Motorboat Reg: Unknown HIN:Unknown Location: 24 55.3540N / 80 38.3890W Big Basin MM 82 Bayside Disposal: Dispose of in authorized landfill facility Attachment D Contract 24024 Vessel 145: Case #: FWC240N0031126 Description: White 34'Columbia Sailboat Reg: FL0627BF HIN: FLZF9629K571 Location: 24 55.3640N / 80 38.4050W Big Basin Disposal: Dispose of in authorized landfill facility Vessel 146: Case#: FWC240N0039041 Description: White 25' Unknown Cabin Motorboat Fully Submerged Reg: Unknown HIN:Unknown Location: 24 33.8550N / 81 46.9390W Gulf of Mexico Disposal: Dispose of in authorized landfill facility Vessel 147: Case#: FWC240N0039319 Description: White 14' Unknown Open Motorboat Reg: Unknown HIN:Unknown Location: 24 42.2700N / 81 06.6420W Gulf of Mexico / Rachel Key Disposal: Dispose of in authorized landfill facility Vessel 148: Case#: FWCS21OFF012700 Description: White 19' Unknown Sunken Power Vessel Reg: Unknown HIN:Unknown Location: 24 34.8990N/8146.7120W NW Side, Dredgers Key 100 Yards Offshore Disposal: Dispose of in authorized landfill facility Attachment E Contract 24024 SAMPLE INVOICE ❑ Monthly 0 Final Billed to: Invoice No.: Florida Fish&Wildlife Conservation Commission Invoice Date: Derelict Vessel Program 620 South Meridian Street,MS:1M FWC Contract# Tallahassee, Florida 32399-1600 Remit Payment to: Total Amount: Vendor: Billing Period/Dates of Service: Tax ID 4: From: Address: To: Vessel Disposal Location Information Hazmat Disposal Location Information Location Name: Location Name: EPA Number: Address: Address: EPA Number: Price for Derelict Vessel Removal Deliverables/Vessel Information Length of Removal Cost Total for Vessel Vessel Paid Per Foot Vessel 1) FWC240N0024630; Red/White 33' Cruisers Inc. Cabin Motorboat, Reg: FL0793LZ Total Cost Attachment F Contract 24024 CONTRACTOR MONTHLY PROGRESS REPORT Email to: DV(fi��ccl(�il, yF l 'Cxo: or Mail to FWC Project Manager at 620 South Meridian Street, Tallahassee, FL 32399-1600 FWC Contract 4 Reporting Period (Month/Year)Due 15 days after the end of each month or submitted with monthly invoice: 1. Describe actions undertaken and progress of project, including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion? (YES/NO) Anticipated Completion Date: (If project is not on schedule,please explain any problems encountered and/or possible delays) Contract Name (Printed): Date: Contractor Signature: Attachment G Contract 24024 Derelict Vessel Removal Completion Sheet This worksheet must be completed for each vessel removed and disposed. Invoices for removal and disposal will paid until this form has been completed, signed, and submitted to FWC. Removal Contractor/Subcontractor Company's Name: UEINumber: Law Enforcement Case/Incident Number (FWXX##OFF######): Vessel Registration or Documentation Number: Vessel Year: Vessel Length: Vessel Hull ID Number: Vessel Make: Vessel Color: GPS location where target vessel found at time of removal: Lat (N) Lon (W) Vessel Type: (Sailboat, Cabin Cruiser, Trawler,Etc.) Date Vessel Removed from Water: Date Vessel Destroyed for Disposal: Date Vessel Disposed of in Landfill: All the below required pictures must be submitted to the Contract/Project Manager: ❑ 2 pictures of each vessel as found in place in the water. Page 1 of 2 Attachment G Contract 24024 ❑ 2 pictures of the vessel being removed(except that if the vessel has broken apart, a picture of the removal of each piece of the vessel is required). ❑ 2 pictures of each vessel staged on land once removed from the water but prior to destruction. ❑ 2 pictures of each vessel during destruction showing both the destruction and identifying marks on the vessel. ❑ 2 pictures of each vessel's remnants in disposal container or at the landfill facility. ,4//photos must be Identyied Pvith Vessel 11) and Lapv Eqforeement Case number and submitted Pvith each i,essel remowil completion sheet. Location of Vessel Disposal: (Landfill Name) Landfill EPA Number: Contractor's EPA permit number for Hazardous Materials: Disposal Location of Hazardous Materials: Gallons of Oils and Fuels Removed:_(From this vessel) Contractor Invoice Number: Contractor Verification Signature: Date: Page 2 of 2 Attachment H Contract 24024 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION • FWC Derelict Vessel Removal CERTIFICATION OF COMPLETION STATEMENT I, Vencl rr �� prcscn ituv , Representing Monroe County BOCC, do hereby certify that the FWC Derelict Vessel Removal Project funded by FWC Contract No. 24024, 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: Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Tuesday, July 16, 2024 4:07 PM To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock; Senior Management Team and Aides; Liz Yongue; InternalAudit Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley- Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena Subject: Add On item T3 BOCC 07/17/2024 Attachments: FWC_Agreement_24024 T3.pdf, AIS 2655 T3.pdf Good afternoon, Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda: "Approval of Governmental Contract between the Monroe County Board of County Commissioners ("County" or "BOCC') and the Florida Fish and Wildlife Conservation Commission ("FWC')for Derelict Vessel Removal Services with Funding Provided by FWC. " The Agenda Item Summary is attached.Once approved,this will be considered Add On Item T3. Sincerely, Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694(Cell) Courier Stop#1 Notary Public w.r o n r y e c_ u�n1y:�:V_e.gpy gqjz..- Y .�.. _rn groecou�_n�.Y..-.�..:. .Y. PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1