Loading...
HomeMy WebLinkAbout2024-144A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. SUTLER, CLERK FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Derelict Vessel Removal Grant Application FOR OFFICE USE ONLY Derelict vessel Removal Grant Application Number: Date Received: II. PROJECT SUMMARY I. APPLICANT INFORMATION August 2024 Indian River County Derelict Vessel Removal Applicant: Indian River County- Coastal Engineering Division a) Federal Employer ID No.: 59-60000674 b) Project Manager Name: Melissa Meisenbur g c) Project Manager Lagoon Environmental Specialist d) Mailing Address 1801 27th Street, Bldg A e) City/State/ZIP Vero Beach, FL 32960 f) Shipping Address 1801 27th Street, Bldg A g) City/State ZIP Vero Beach, FL 32960 h) Telephone 772-226-1651 i) FAX 772-778-9391 j) Email mmeisenburg@ircgov.com k) District Numbers: 1) State House 8 m) State Senate 17 II. PROJECT SUMMARY a) Project Title August 2024 Indian River County Derelict Vessel Removal b) Project Goal(s): Efficiently and safely remove four authorized derelict vessels from the Indian River Lagoon water body within Indian River County, Florida. c) Project Cost (Total): 34,500.00 rvvciuv-Hrr (red 2020) 1 Rule 68-1.003 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK d) Grant Amount Requested: e) Project Type(s): n✓ Bulk Derelict Vessel Grant (See Section V of guidelines for eligibility and restrictions. Rapid Removal Derelict Vessel Grant (See Section VI of guidelines for eligibility and restrictions). Brief Project Summary (including the total number of derelict vessels that you are requesting be removed as part of this project). (Note that a detailed Project Summary/Scope of Work is required as an attachment to this application. As of July 2, 2024, four derelict vessels have been authorized for removal from the waters of the Indian River Lagoon within the boundaries of Indian River County. Using a contractor (Outlaw Maritime LLC) the County will efficiently and safely remove all four derelict vessels following the FWC Derelict Vessel Removal Guidelines. A detailed Scope of Work is attached to this document for review. III. JUSTIFICATION FOR RAPID REMOVAL GRANT REQUEST VS. BULK DERELICT VESSEL GRANT REQUEST Describe how the vessel to be removed meets the rapid removal criteria listed in Section VI of the Derelict Vessel Removal Grant guidelines using specific conditions which demonstrate it is in danger of imminent sinking, breaking apart, or is a critical danger to public safety or the environment. Not applicable, the application is for a Bulk Derelict Vessel Removal Grant. FWC/DV-APP (Feb 2020) 2 Rule 68-1.003 IV. PROJECTED OUTCOMES A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK How many total derelict vessels are there in the project's jurisdiction? What percentage of the total derelict vessels located within the project's jurisdiction will be removed by this project? (Limited to those listed in the Statewide Derelict Vessel Database). There are currently six open derelict vessel cases in Indian River County. There are currently four derelict vessels authorized for removal. Indian River County intends to remove approximately 67% of the open vessels cases, 100% of the authorized derelict vessels within the County. Describe the system to be used in demonstrating complete removal and destruction of the removed vessel(s). Include the procedure to verify contractor's completeness in removal of the vessel(s). A marine barge and crane will be used to lift and remove derelict vessels from the waters of the Indian River Lagoon. FWC Removal Guidelines will be followed to prevent impacts to the waters and surrounding area. The barge will transport removed vessels to the boat ramp for removal where they will be disposed of at an authorized landfill. Coastal Engineering staff will observe the removal process, documenting removal and disposal, including the inclusion of photos and landfill tickets in the final report. Upon completion of the removal, Coastal Engineering staff will inspect the location to insure all debris has been removed. FWC Law Enforcement will be notified prior to removal and upon removal completion with documentation. V. BUDGET Has a detailed cost estimate/proposal been developed for this derelict vessel removal project? If yes, attach a copy of application. ✓❑ YES ❑ NO VI. OTHER SOURCE OF FUNDS (STATUS) a. ❑ Federal ❑ State/Local ❑ Loan Agency: b. Grant Name: Amount: c. Approval Status: ❑ Approved ❑ Pending to Intend Apply, Date: FWC/DV-APP (Feb 2020) 3 Rule 68-1.003 TRUE COPY ! , ERTIFICATION ON LAST PAGE —YAN L. BUTLER, CLERK VII. LAW ENFORCEMENT CASE DATE (Include a line for each derelict vessel that you are requesting be removed as a part of this project) 4 FWC FWC220N0088127 FL6002JJ C&C 40' $ 8,000.00 5 6 7 8 9 10 11 12 13 TOTAL $ 34,500.00 VIII. APPLICATION ATTACHMENTS CHECKLIST For mailed applications, include a copy on electronic media with paper copy or you may email entire application to: DVGrant@MyFWC.com Inc. Required Attachments ✓ a. Cover Letter: A brief letter explaining overview of project and responsible parties involved. ✓ b. Application: One (1) application with original signature from authorized individual. ✓ c. Project Proposal: a detailed description of the project as described in the application instructions. d. Delegation of Authority: Formal documentation to show that the person signing the application has the ❑ authority to apply for, administer and commit the governing body or not-for-profit organization to the grant project on behalf of the applicant. e. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor ✓ or a detailed cost estimate for the project elements. One (1) tabbed section for each vessel removal requested to include the Derelict Vessel Data Sheet (Attachment "A). FWC/DV-APP (Feb 2020) 4 Rule 68-1.003 VESSEL AGENCY CASE VESSEL VESSEL REMOVAL AGENCY NUMBER REGISTRATION VESSEL MAKE LENGTH QUOTE 1 FWC FWC230N0001220 N/A UNKNOWN 40' $ 9,800.00 2 FWC FWC230N0045029 FL3139BU Columbia 25' $ 4,200.00 3 FWC FWC230N0082598 D0965007 Hyundia 48' $ 12,500.00 4 FWC FWC220N0088127 FL6002JJ C&C 40' $ 8,000.00 5 6 7 8 9 10 11 12 13 TOTAL $ 34,500.00 VIII. APPLICATION ATTACHMENTS CHECKLIST For mailed applications, include a copy on electronic media with paper copy or you may email entire application to: DVGrant@MyFWC.com Inc. Required Attachments ✓ a. Cover Letter: A brief letter explaining overview of project and responsible parties involved. ✓ b. Application: One (1) application with original signature from authorized individual. ✓ c. Project Proposal: a detailed description of the project as described in the application instructions. d. Delegation of Authority: Formal documentation to show that the person signing the application has the ❑ authority to apply for, administer and commit the governing body or not-for-profit organization to the grant project on behalf of the applicant. e. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor ✓ or a detailed cost estimate for the project elements. One (1) tabbed section for each vessel removal requested to include the Derelict Vessel Data Sheet (Attachment "A). FWC/DV-APP (Feb 2020) 4 Rule 68-1.003 APPLICANT SIGNATURE A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority (see grant guidelines Section IV, 4.4) to sign on behalf of the Applicant and that the Applicant has the ability to undertake the proposed activities in compliance with the FWC Derelict Vessel Removal Grant Program Guidelines. I also certify that the applicant's governing body is aware of and has authorized the project manager as the official representative of the applicant to act in connection with this application and subsequent project, as well as to provide additional information as may be required. By my signature below, the applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and the resulting project if approved. Print/Type Name. Signature: Susan Ada STATE OF FLORIDA, COUNTY OF SELECT ONE INDIAN RIVER Title: Chairman Date: Jul Susan Adams personally, appeared before me this 2nd 2024 who subscribed and swore to the above instrument in my presence. 2, 2024 day of Jul Notary Public Name: Kimberly K. Moirano V"*^ )ely644"'�+d My commission expires: April 2027 NOTE: Instruction and further information regarding this application and the FWC Derelict Vessel Removal Grant Program can be found in the Program's Guidelines document or by contactin a Fish and Wildlife Conservation Commission, Boating and Waterways Section, ,esseI b9kW th Meridian Street, Tallahassee, FL 32399-1600 or call (850) 488-5600 +� :�`_. MYCOMMIS"#HH3N1l2S EXPIRES: Apel 9, 2027 APPROVED AS TO FORM AND A U ICI Y BY , WILLIAM K. 15EEIRAAL COUNTY ATTORNEY Attest: Ryan L. Butter, Clerk of Circuit Court and Comptroller FWC/DV-APP (Feb 2020) 5 Rule 68-1.003 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWC230N0001220 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. The vessel is located near the north end of Fitz Island in the City of Vero Beach. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27.662947 (N/) -80.374217 YES White 40' N/A FWC YES BULK REMOVAL YES NO 9,800.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 FWC/DV-APP (Feb 2020) 6 Rule 68-1.003 FWC230N0001220 '; TRUE COPY CERTIFICATION ON LAST PAGE YAN l.. EIJTLER, CLERK FWC/DV-APP (Feb 2020) 7 Rule 68-1.003 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWC230N0045029 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. Located in the Indian River Lagoon in a cute due west of Shore Drive in the Town of Indian River Shores. The vessel is pushed into the mangroves and has caused damage. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization: Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27.673209 (W) -80.373251 YES White 25' FL3139BU FWC YES BULK REMOVAL NO NO 4,200.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 FWC/DV-APP (Feb 2020) 8 Rule 68-1.003 �. ,i r . y sr+a.•.+ Y . A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWC230N0082598 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. The vessel is located on the southeast side of IR6 which is located within Pelican Island National Wildlife Refuge. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization: Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27.813999 (W) -80.456225 YES White 48' D0965007 FWC YES BULK REMOVAL NO NO 12, 500.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 FWC/DV-APP (Feb 2020) 10 Rule 68-1.003 ,N TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK DV3 FWC230N0082598 FWC/DV-APP (Feb 2020) 11 Rule 68-1-00 - A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWC220N0088127 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. Vessel is located east of the ICW just north of the SR 60 bridge in the City of Vero Beach. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization: Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27.654657 (W) -80.373734 YES White 40' FL6002JJ FWC YES BULK REMOVAL NO NO 8,000.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 FWC/DV-APP (Feb 2020) 12 Rule 68-1.003 DW FWC220N STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FWC/DV-APP (Feb 2020) 13 Rule 68-1.003 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK RECIPIENT/SUBRECIPIENT AGREEMENT STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWC Agreement 24086 State Grant Information CSFA Title(s).: Derelict Vessel Removal Grant CSFA No(s). 77.005: State Award No(s).: 24086 State Award Year(s): 2024/2025 State Award Name(s): Indian River County BOCC This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission" or "FWC," and Indian River County BOCC, 59-6000674, whose address is 180127 1h Street, Bldg. A, Vero Beach, FL, 32960, the Recipient/Subrecipient, hereinafter "Recipient", collectively, "Parties". INTRODUCTORY CLAUSES WHEREAS, Commission and Recipient intend to partner together to remove derelict vessels from the waters of this State; WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. TERMS OF THE AGREEMENT The Commission and the Recipient, for the considerations stated in this Agreement, agree as follows: Section 1. PROJECT DESCRIPTION. The Recipient shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A, which specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this Agreement is the result of Recipient responses to the Commission's request for competitive or other grant proposals, the Recipient's response is hereby incorporated by reference. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 Section 2. PERFORMANCE. The Recipient shall perform the activities described in Attachment A in a proper and satisfactory manner. Unless otherwise provided for in Attachment A, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Recipient. The Recipient shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Recipient shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Recipient shall provide evidence of such compliance to the Commission upon request. The Recipient shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Recipient warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good -faith performance as a responsible Recipient. The Recipient shall immediately notify the Commission's Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement, in the event the Recipient's ability to perform under this Agreement becomes compromised. Section 3. AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. The Agreement shall be effective upon execution by the last Party to sign and shall remain in effect through 10/15/2024. However, if this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. For this Agreement, the retroactive start date was not approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Recipient. The Recipient shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this Agreement, preaward costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. B. Extension. The Commission may extend this Agreement upon agreement of both Parties through an Amendment, provided the funding source permits additional time prior to expiration of funding. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 2 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. SUTLER, CLERK FWC Agreement No. 24086 Section 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Recipient under the terms of this Agreement, the Commission shall pay the Recipient on a cost reimbursement basis in an amount not to exceed $34,500.00 . B. Payments. The Commission shall pay the Recipient for satisfactory performance of the tasks identified in Attachment A as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Grant Manager. Unless otherwise specified in Attachment A, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in Attachment A, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period. C. Invoices. Each invoice shall include the Commission Agreement Number and the Recipient's Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Grant Manager. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Recipient acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match If this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the Recipient is not required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A. E. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 3 of 34 A TRUE COPY CERTIFICATION ON RLARRST PAGE MAgrBeementt'1 oT'086 "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Recipient in writing at the earliest possible time if funds are not appropriated or available. F. Non -Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that under non-competitive procurements, a Recipient may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Recipient warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. G. Cost Reimbursement If the Compensation section indicates this is a cost reimbursement Agreement, the Recipient shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in Attachment A. To be eligible for reimbursement, costs must follow the requirements of Section 215.971, F.S. and must also be in compliance with other laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. Invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the approved Agreement budget. Additionally, the invoice must evidence the completion of all tasks required to be performed for the deliverable and must show that the Recipient met the minimum performance standards established in the Agreement. The Commission is required to maintain detailed supporting documentation and to make it available for audit purposes. By submission of the payment request, the Commission is certifying that the detailed documentation to support each item on the itemized invoice is on file at the agency and is available for audit. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for the categories in the approved Agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. The Commission may require more detailed documentation as deemed appropriate to satisfy that the terms of the Agreement have been met. Listed below are types and examples of their supporting documentation: i. Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register or similar documentation should be submitted and maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 4 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. ii. Tuition: If the Commission determines tuition, stipends, and/or waivers are allowable costs, the payments must result from obligations incurred during the specified Agreement period. Documentation must be provided to show compliance with 215.971, F. S. Examples include but are not limited to keeping timesheets/time and effort reports/logs that support the hours worked on the project or activity. If an individual for whom tuition, stipends and/or waivers are being claimed are paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. iii. Fringe Benefits: Supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the Agreement specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. a. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. iv. Travel: To the extent the Commission determines travel is an allowable cost, reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher along with supporting receipts and invoices. V. Other Direct Costs: To the extent the Commission determines other direct costs are allowable, reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). vi. In -House Charges: Charges which may be of an internal nature (e.g., postage, copies, etc. may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. vii. Indirect Costs: To the extent the Commission determines that indirect costs are allowable, and the Agreement specifies that indirect costs will be paid based on a specified rate, then the calculation should be provided in the Agreement's budget breakdown. Indirect costs must be in the approved Agreement budget and the Recipient must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. For cost reimbursement Agreements with another State agency (including State universities): In lieu of the detailed documentation described above, alternative documentation may be submitted to substantiate the costs requested to be reimbursed. This alternative documentation may be in the form of FLAIR reports or other reports containing sufficient detail. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 5 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, QLER FWC Agreement No. 14086 H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless Attachment A specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Recipient due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Recipient agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: https://www.myfloridacfo.com/division/aa/vendors. Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-2762. Section 5. RETURN OR RECOUPMENT OF FUNDS A. Unobligated Funds. Pursuant to Section 215.971(1)(d) -(e), F. S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period, and any balance of unobligated funds that has been advanced or paid must be refunded to the Commission. Any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission as well. B. Overpayments to Recipient. Pursuant to Section 215.971(1)(f), F.S., any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission. In the event the Recipient or its independent auditor discovers that overpayment has been made, the Recipient shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event the Commission first discovers an overpayment has been made, the Commission will notify the Recipient in writing. Should Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 6 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager and made payable to the "Florida Fish and Wildlife Conservation Commission." C. Additional Costs or Monetary Loss Resulting from Recipient Non -Compliance. If the Recipient's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Recipient under this Agreement or any other agreement between Recipient and the Commission. In the event the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Recipient and the Commission, the Recipient will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Recipient is unable to repay any cost or loss to the Commission, the Commission shall utilize remedies available by law and may notify the State of Florida, Department of Financial Services, pursuant to Section 17.0415, F.S. Section 6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. A. Commission Exempt from Taxes. The Recipient recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. The Recipient is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission's Grant Manager. B. Property Exempt from Lien. If the Agreement involves the improvement of real property titled to the State of Florida, then the following paragraph applies: The Recipient acknowledges that Property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason. The Recipient shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. Section 7. MONITORING. The Commission's Grant Manager shall actively monitor the Recipient's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in the Requirements of the Federal and Florida Single Audit Acts, Attachment B. Monitoring terms, conditions, and schedules may be included in Attachment A. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 7 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 Section 8. TERMINATION. A. Commission Unilateral Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Recipient with thirty (30) calendar days of written notice of its intent to terminate. The Recipient shall not be entitled to recover any cancellation charges or lost profits. The Recipient may request termination of the Agreement for convenience. B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Recipient with written notice of termination. C. Termination — Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours' notice in writing to the Recipient. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Recipient will be compensated for any work satisfactorily completed and any non -cancellable obligations properly incurred prior to notification of termination. D. Termination — Other. The Commission may terminate this Contract if the Recipient fails to: 1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. The Commission shall give written notice to the Recipient of its intent to terminate the Agreement for cause. In the notice, the Commission shall provide an opportunity for the Recipient to correct the deficiency or provide a corrective action plan to correct the deficiency for the Commission, in its sole determination, to approve or disapprove. If no corrective action plan is submitted and approved, the Recipient shall cure the deficiencies cited by the Commission in its notice within fifteen (15) calendar days of receipt of such notice. If the Recipient does not cure the deficiencies to the Commission's satisfaction within the fifteen (15) calendar days, or within the time proscribed in an approved corrective action plan if one was provided, the Agreement will be terminated for cause. At that time, the Commission will send a second notice to the Recipient noting that this Agreement is being terminated for cause upon receipt of the notice and documenting the reasons this Agreement is being terminated. The Commission reserves the right in its sole discretion, to Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 8 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 determine if the Recipient's deficiencies are legally excusable, or to extend the time to cure the deficiencies in writing. The Recipient's damages for termination for cause shall be limited to the cost of work actually performed and approved by the Commission. Section 287.135 1, F.S., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. Recipient shall not be entitled to recover any cancellation charges. E. Recipient Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Recipient shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Recipient shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. Section 9. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a) & (b), F.S., Attachment A contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Recipient fails to produce each deliverable within the time frame specified by Attachment A, the budget amount allocated for that deliverable will be reduced by ten percent (10%) from the Recipient's payment, unless otherwise modified by Attachment A. In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences as listed below or as identified in Attachment A. 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. vi. Take other remedies that may be legally available. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 9 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 B. Cumulative Remedies. The rights and remedies of the Commission during the Agreement period are in addition to any other rights and remedies provided by law or under the Contract. Section 10. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Grant Manager has been named. Designating a new Grant Manager shall not require a formal Amendment to the Agreement. COMMISSION GRANT MANAGER CONTACT INFORMATION: Phil Homing Derelict Vessel Program Administrator Fish and Wildlife Conservation Commission 620 S. Meridian St. Tallahassee, FL 32399-1600 (850) 617-9540 Philip.Horning@MyFWC.com Section 11. AMENDMENT. A. Waiver or Modification. RECIPIENT GRANT MANAGER CONTACT INFORMATION: Melissa Meisenburg Lagoon Environmental Specialist Indian River County 180127 1h Street, Bldg. A Vero Beach, FL 32960 (772) 226-1651 mmeisenburg@ircgov.com No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Recipient's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulations. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 10 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. SUTLER, CLERK FWC Agreement No. 24086 Section 12. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply. A. Intellectual and Other Intangible Property. Recipient's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in Attachment A, intellectual and other intangible property rights to the Recipient's preexisting property will remain with the Recipient. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Recipient under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by Federal funds, the Federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property. This Agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329, OMB Uniform Guidance (2 CFR 200), as amended. ii. Title. If this Agreement is supported by state funds, the Recipient shall comply with Section 287.05805, F.S. This section requires the Recipient to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A. Title to state-owned real property remains vested in the state. Title to federally owned real property remains vested in the Federal government in accordance with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page I 1 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 iii. Use. Federally owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment A. C. Non -Expendable Property. Non -Expendable Property Defined. For the requirements of this section of the Agreement, "non -expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non -consumable and non - expendable nature, with a value or cost of $5,000.00 or more, and a normal expected life of one (1) year or more; hardback -covered bound books that are circulated to students or the general public, with a value or cost of $25.00 or more; and uncirculated hardback -covered bound books, with a value or cost of $250.00 or more). ii. Title to Non -Expendable Property. Title (ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A. D. Equipment and Supplies Title - Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in the non -Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance (2 CFR 200). ii. Title — Supplies. Title to supplies will vest in the non -Federal entity upon acquisition. Unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program are subject to Section 200.314, OMB Uniform Guidance. iii. Use — Equipment. Equipment must be used by the non -Federal entity in the program or project for which it was acquired as long as needed. Section 13. RELATIONSHIP OF THE PARTIES. A. Conflict of Interest. The Recipient covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Recipient and the Commission. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 12 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE— RYAN AGERYAN L. BUTLER, CLERK FWC Agreement No. 24086 B. Recipient Training Qualifications. The Recipient agrees that all Recipient employees, subrecipients, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Recipient shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subrecipients, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Recipient shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Recipient. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve Recipient of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Recipient, may reject and bar from any facility for cause any of Recipient's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Recipient agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Recipient. E. Commission Rights to Undertake or Award Supplemental Contracts. The Recipient agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Recipient and its subcontractors shall cooperate with such other Recipients and the Commission in all such cases. Section 14. SUBCONTRACTS. The Recipient is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. A. Authority. The Recipient shall ensure, and provide assurances to the Commission upon request, that any subrecipient or subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Agreement. The Recipient must provide the Commission with the names of any subrecipient or subcontractor considered for work under this Agreement; the Commission reserves the right to reject any subrecipient or subcontractor. The Recipient agrees to be responsible for all work performed and all expenses incurred with the project. Any subrecipient or subcontract Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 13 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 arrangements must be evidenced by a written document available to the Commission upon request. The Recipient further agrees that the Commission shall not be liable to any subrecipient or subcontractor for any expenses or liabilities incurred under the subrecipient agreement or subcontract. The Recipient, at its expense, will defend the Commission against such claims. The following provisions apply in addition to any terms and conditions included in Attachment A. B. Recipient Payments to Subcontractor or Subrecipient. If subcontracting is permitted pursuant to Paragraph A, above, Recipient agrees to make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the Commission in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the Recipient and subcontractor. Recipient's failure to pay its subcontractors within seven (7) working days will result in a penalty charged against the Recipient and paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due. If entering a subrecipient agreement is permitted pursuant to Paragraph A above, Recipient agrees to make payments to the subrecipient for satisfactory performance of the tasks/deliverables identified in the subrecipient agreement. Recipient shall pay subrecipient following the same procedures described in paragraph 4 of this Agreement upon submission of invoices for allowable expenses, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Recipient. C. Commission Right to Reject Subrecipient or Subcontractor Employees. The Commission shall retain the right to reject any of the Recipient's, subrecipient'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 and Subrecipient Conflict of Interest. If subcontracting or entering a subrecipient agreement is permitted pursuant to Paragraph A above, the Recipient agrees to take such actions as may be necessary to ensure that each subcontractor or subrecipient covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Recipient, as applicable subrecipient or subcontractor, and the Commission. Section 15. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 14 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE— RYAN AGERYAN L. BUTLER, CLERK FWC Agreement No. 24086 A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S. Recipient shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform Guidance (2 CFR 200). Recipient must disclose, in writing, any potential conflict of interest to the Commission in accordance with applicable Federal awarding agency policy. B. Convicted Vendors. The Recipient hereby certifies that neither it, nor any person or affiliate of Recipient, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Recipient shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient, 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. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a Recipient, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: https://www.dms.mvflorida.com/business operations/state purchasing/state agency resour ces/vendor registration and vendor lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. iii. Vendors on Scrutinized Companies List. The Recipient certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, the Recipient agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Commission may immediately terminate this Agreement for cause if the Recipient, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Recipient, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 15 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. C. Discriminatory Vendors. The Recipient shall disclose to the Commission, in writing, if they, their subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S. Recipient has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. D. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Recipient has a continuing duty to promptly disclose to the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Recipient's ability to perform under this Agreement. If the existence of such Proceeding causes the Commission concern that the Recipient's ability or willingness to perform the Agreement is jeopardized, the Recipient may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Recipient will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Recipient and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. E. Certain Violations of Federal Criminal Law. If this Agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Recipient must disclose, in a timely manner, in writing to the Commission all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Section 16. INSURANCE. If the Recipient is a state or federal agency with self-insurance, Recipient warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state or federal law and that such insurance or self-insurance offers protection applicable to the Recipient's officers, employees, servants and agents while acting within the scope of their employment with the Recipient. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 16 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 If the Recipient is not a state or federal agency with self-insurance, then the following applies: A. Reasonably Associated Insurance. During the term of the Agreement, the Recipient, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the Agreement. Providing and maintaining adequate insurance coverage is a material obligation of the Recipient, and failure to maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by the Recipient shall not be interpreted as limiting the Recipient's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to write policies in Florida. B. Workers Compensation. To the extent required by Chapter 440, F.S., the Recipient will either be self-insured for Worker's Compensation claims or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project, with minimum employers' liability limits of $100,000.00 per accident, $100,000.00 per person, and $500,000.00 policy aggregate. Such policy shall cover all employees engaged in any contract work. If any work is subcontracted, the Recipient shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Recipient. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law (Chapter 440, F.S.). In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Recipient shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Recipient, for the protection of its employees not otherwise protected. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. C. General Liability Insurance. By execution of this Agreement, unless Recipient is a state agency or subdivision as defined by Subsection 768.28(2), F.S. or unless otherwise provided for in Attachment A, the Recipient shall provide reasonable and adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage. D. Insurance Required for Performance. During the Agreement term, the Recipient shall maintain any other types and forms of insurance required for the performance of this Agreement as required in Attachment A. E. Written Verification of Insurance. Upon execution of this Agreement, the Recipient shall provide the Commission written verification of the existence and amount for each type of applicable insurance coverage. Within Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 17 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 thirty (30) days of the effective date of the Agreement, Recipient shall furnish proof of applicable insurance coverage to the Commission's Grant Manager by standard Association for Cooperative Operations Research and Development (ACORD) form certificates of insurance. In the event that any applicable coverage is cancelled by the insurer for any reason, Recipient shall immediately notify the Commission's Grant Manager in writing of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within fifteen (15) business days after the cancellation of coverage. F. Commission Not Responsible for Insurance Deductible. The Commission shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of Recipient providing such insurance. Section 17. SPONSORSHIP. As required by Section 286.25, F.S., if the Recipient is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Recipient's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Recipient's organization. Additional sponsorship requirements may be specified in Attachment A. Section 18. PUBLIC RECORDS. A. All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F. S. B. This Agreement may be unilaterally canceled by the Commission for refusal by the Recipient to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Recipient in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. C. If the Recipient meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the Recipient shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850488-6553, Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 18 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLFR FWC Agreement No'24086 RecordsCustodian(a myfwc.com, and 620 South Meridian Street, Tallahassee FL 32399 ii. Keep and maintain public records required by the Commission to perform the service. iii. Upon request from the Commission's custodian of public records, provide the Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F. S. or as otherwise provided by law. iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Commission. v. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Commission, upon request from the Commission's custodian of public records, in a format that is compatible with the information technology systems of the Commission. Section 19. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Recipient, and any subcontractor to the Recipient, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Recipient shall provide any type of information the Inspector General deems relevant to the Recipient's integrity or responsibility. Such information may include, but shall not be limited to, the Recipient's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Recipient agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Recipient's compliance with the terms of this or any other agreement between the Recipient and the State which results in the suspension or debarment of the Recipient. Such costs shall include but not be limited to salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 19 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE l Agreement WM086 Section 20. SECURITY AND CONFIDENTIALITY. The Recipient shall maintain the security of any information created under this Agreement that is identified or defined as "confidential" in Attachment A. The Recipient shall not divulge to third Parties any confidential information obtained by the Recipient or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Agreement work. To ensure confidentiality, the Recipient shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement. Section 21. RECORD KEEPING REQUIREMENTS. A. Recipient Responsibilities. The Recipient shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Contractor Books, Documents, Papers, and Records. The Recipient shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Recipient's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions.. C. Recipient Records Retention. Unless otherwise specified in Attachment A, these records shall be maintained for five (5) fiscal years following the close of this Contract, or the period required for this particular type of project by the General Records Schedules maintained by the Florida Department of State (httl2s:Hdos.myflorida.com/librarv-archives/records-mana eg ment/general-records-schedules/), whichever is longer. Recipient shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Recipient Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Recipient shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 20 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending.jzov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010, are subject to the FFATA. The Recipient agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. Section 22. FEDERAL AND FLORIDA SINGLE AUDIT ACT (FSAA) REQUIREMENTS Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Recipient has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Recipient may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Recipient shall comply with the audit requirements outlined in Attachment B, attached hereto and made a part of the Agreement, as applicable. Section 23. FEDERAL COMPLIANCE. As applicable, Recipient shall comply with all federal laws, rules, and regulations, including but not limited to: A. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401- 7671q), and the Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). B. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants have been illegally taken, possessed, transported or sold. C. Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. D. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. E. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a "taking" of Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 21 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 any listed species of endangered fish or wildlife. Also, generally prohibited are the import, export, interstate, and foreign commerce of listed species. Section 24. FEDERAL FUNDS. No Federal Funds are applied to this Agreement, therefore, the following terms and conditions do not apply. A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Recipient is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the awarding federal agency. B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR 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 Agreement 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. Recipient. The Recipient 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 Agreement. ii. Subcontracts. The Recipient or subrecipient/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 subrecipients/subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subrecipient/subcontractor or lower tier subrecipient/subcontractor with all these contract clauses. iii. Breach. A breach of the Agreement clauses above may be grounds for termination of the Agreement, and for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 22 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 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 Agreement is supported by federal funds and meets the definition of "funding agreement" under 37 CFR Part 401.2(a) then the Recipient 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 Recipient Federal Certification i. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the Recipient is required to verify that none of the Recipient'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). ii. The Recipient 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 Recipient/Subrecipient. If it is later determined that the Recipient did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to Recipient/Subrecipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The Recipient 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 Agreement that may arise from this offer. The Recipient further agrees to include a provision requiring such compliance in its lower tier covered transactions. I. Byrd Anti -Lobbying Amendment Recipients awarded $100,000 or more in Federal funds shall file the required certification. Recipients shall file the required certification with the Commission's Grant Manager five (5) business days after Agreement 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 Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 23 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE �reenf0gem11086 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 Recipient who in turn will forward the certification(s) to the Commission. J. Procurement of Recovered Materials In the performance of this Agreement, the Recipient 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 Agreement performance schedule; b. Meeting Agreement 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 Recipient 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 Recipient 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, 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 Agreement. 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, Recipient shall comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). RecipiendSubrecipient Agreement Last Revised: 3.20.2023 Page 24 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 M. Drug Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, the Recipient attests and certifies that the Recipient will provide a drug-free workplace compliant with 41 U.S.C. 81. N. American Rescue Plan Act (ARPA) of 2021. If this Agreement relies on ARPA federal funds, then the following shall apply: Recipients 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 Agreement 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 Agreement for any project involving construction, alteration, maintenance, or repair of infrastructure in the United States, and if the project involves infrastructure as defined by §70912(5) of BABA, which includes, but is not limited to roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; then: 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 Agreement will be held to the same requirements as the original Parties to this Agreement. iv. The BABA provision does not apply to tools, equipment, and supplies brought to the construction site and removed at or before completion of the infrastructure project. Nor does the BABA provision apply to equipment and furnishings used at or within the Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 25 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE SWAN L. BUTLER, CLERK FWC Agreement No. 24086 finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. P. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure, obtain, extend or renew an agreement that utilizes telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Section 25. AGREEMENT -RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Contract is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at http://wwwpride- enterprises.org. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 26 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. C. Procurement of Recycled Products or Materials. Contractor agrees to procure any recycled products or materials which are the subject of or are required to carry out this Contract in accordance with Section 403.7065, F.S. Section 26. INDEMNIFICATION. If the Recipient is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., or as a governmental entity as defined in Subsection 287.012(14), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. Recipient is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees, volunteers and agents. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28, F.S., as amended. If Recipient is not a state agency or subdivision as defined above, Recipient shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Recipient, its agents, employees, partners, or subcontractors, provided, however, that Recipient shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. The Commission reserves the right to select its counsel. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 27 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 Section 27. NON-DISCRIMINATION. No person, on the grounds of race, color, religion, gender, pregnancy, national origin, age, handicap, or marital status, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. Section 28. MEDIATION. In the event of any claim or dispute arising by or between the Commission and the Recipient, each party shall continue to perform as required under the Agreement, notwithstanding the existence of such claim or dispute, it being acknowledged that time is of the essence. This provision includes, but is not limited to, the obligation to continue to perform under the Agreement notwithstanding disputes as to amounts due for payment hereunder. Except for any claim, dispute, or matter in question that has been waived by the acceptance of final payment, or that is otherwise barred by the applicable statute of limitations or other provision of law, any claim, dispute, or other matter in question arising out of, or relating to, the Work or the Agreement or the breach thereof, shall be first submitted to non-binding mediation by a single mediator in Tallahassee, Florida The party making a claim or dispute shall notify the other in writing of its claim or dispute within ten working days of the event giving rise to the claim or dispute. i. Such notice shall give the other party ten working days from receipt of the notice to respond in writing. ii. If the party initiating such notice is not satisfied with the response, then it shall invoke this clause initiating non-binding mediation by sending a demand for mediation in writing to the other party within seven (7) days. iii. The Parties have two weeks after notice to agree in writing upon a mediator. iv. If the Parties cannot agree upon a Florida Supreme Court certified mediator, then the Parties shall request the Chief Judge of the Second Judicial Circuit in Leon County, Florida, to appoint a Florida Supreme Court certified mediator. a. The mediator's fees shall be born equally by the Parties involved in the mediation and shall pay all of its own attorneys' fees and expenses related to the mediation unless otherwise agreed. b. Unless otherwise agreed by the Parties in writing, such mediation shall take place within forty-five (45) days of the appointment of, or agreement to, the mediator if the mediator's schedule so allows. c. The terms of this Agreement and any dispute relating thereto will be governed by the laws of the State of Florida, any litigation will be brought in the state or federal court in Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 28 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 and for Tallahassee, Florida, and you agree to submit to the exclusive jurisdiction of the state and federal courts located in and for the Leon County, State of Florida. d. All Parties agree to negotiate in good faith in an effort to settle any dispute. All Parties shall have a representative present at mediation with the authority to settle the case. V. Any resolution achieved at mediation shall be set forth in a written settlement agreement. vi. The Recipient shall require all the dispute resolution provisions and requirements set out in this Section in each contract it makes with any Subcontractor, material supplier, equipment supplier, or fabricator. vii. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations, or otherwise. Unless otherwise agreed in writing, the Recipient shall carry on the Work and maintain its performance of this Agreement during any claim, dispute, or mediation. If any matter sought to be mediated by the Commission or the Recipient involves a claim or other matter by or against the Consultant, any Subcontractor, any Separate Contractor, or any other third party, or any such entity is reasonably necessary to be joined in the mediation to permit a full and complete disposition of the dispute submitted hereunder, then the Consultant, Subcontractor, Separate Contractor or third party shall be joined by personal service of the notice demanding mediation. Such termination of the mediation shall not preclude any party from commencing any judicial proceeding in a court of competent jurisdiction in Leon County, Florida, providing the claims sought to be decided are not otherwise barred. Any demand for mediation and any answer to such demand must contain a written statement of each claim alleged and the dollar amount in controversy sought in each claim. Should mediation fail to resolve the claim submitted, the Parties may then proceed to seek applicable remedies at law. The agreement to mediate set forth in this Section shall apply to, and become part of, any Subcontract, any contract into which these General Conditions are incorporated by reference or otherwise, and the Parties to such contract shall mediate all disputes arising out of, or in any way relating to, that contract or the Project in accordance with the provisions of this Section. Section 29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida. Florida law governs this Agreement, all agreements arising under or out of this Agreement, and any legal action or other proceeding of any kind designed to resolve a dispute that arises out of or relates to this Agreement. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 29 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 applicable law. If a court or other tribunal finds any provision of this Agreement unenforceable as written, the unenforceable provision(s) shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision and the remaining provisions of this Agreement. The Parties have selected the Second Judicial Circuit in Leon County, Florida, as the mandatory and exclusive forum for resolving any dispute, in law or equity, that arises out of or relates to the Parties' transactions. By signing this Agreement, Recipient affirms that Recipient considers the Second Judicial Circuit to be a fair and convenient forum for any legal action or other proceeding of any kind designed to resolve such a dispute. The Recipient will not initiate in any other forum a legal action or other proceeding to which this provision applies. Section 30. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Recipient of quantum meruit. Section 31. NO THIRD -PARTY RIGHTS. The Parties hereto do not intend, nor shall this Agreement be construed, to grant any rights, privileges or interest to any person not a party to this Agreement. Section 32. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Recipient of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Recipient knowingly employs unauthorized aliens. Section 33. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). A. Requirement to Use E -Verify. Section 448.095(2) Florida Statute requires the Contractor to: 1.) utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term; and 2.) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E -Verify Online. E -Verify is an Intemet-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 Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 30 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, $LE FWC Agreement No.T4086 employees hired to work in the United States. The Department of Homeland Security's E -Verify system can be found online at httns://www.e-verify.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 Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Recipient believes is excusable under this paragraph, Recipient shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Recipient could reasonably foresee that a delay could occur as a result; or (2) within five (5) Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 31 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 calendar days after the date Recipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE THE RECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Recipient of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. Recipient shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Recipient shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Recipient, provided that Recipient grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Recipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part. Section 35. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for Recipient's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in Attachment A. Section 36. REPORTING REQUIREMENTS CONCERNING EXECUTIVE ORDER 20-44. This term does not apply to governmental entities. If this Agreement is a sole -source, public-private agreement or if the Recipient, through this Agreement with the State, annually receives 50% or more of their budget from the State or from a combination of State and Federal funds, the Recipient shall provide an annual report (Executive Order 20-44 Attestation Form, Attachment C), including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Recipient must also inform the Commission's Grant Manager of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Recipient. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 32 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER CL F�RK86 FWC Agreement No. 4400 Section 37. MEDIA REQUESTS. Recipients shall refer all requests by the media or public relations personnel to the Commission's Grant Manager. Recipients must submit a written request for permission before consulting with the media and the Commission will provide consultation and talking points. Recipients will not issue news releases, respond to questions, or make statements on behalf of the Commission or its partners without prior direction and the Commission's written approval. Production and filming requests related to this Agreement shall be processed through the Commission only. Section 38. USE OF SMALL UNMANNED AIRCRAFT SYSTEMS Unless superseded or otherwise further described in Attachments A, if the Recipient intends to use a small unmanned aircraft system (sUAS) at any time throughout the duration of the Agreement, the Recipient shall request approval from the Commission, in writing, prior to use. Upon request by the Commission, the Recipient shall provide all required documentation, such as license or certification, flight plans, and registrations. The Commission will notify the Recipient in writing of the approval or rejection of the request. If approved, the Recipient will be provided with the Commission's policies, and is responsible and liable for adhering to any and all rules and regulations, including the Commissions policies, applicable to operating sUAS. Section 39. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail: this Agreement and its attachments, the terms of the solicitation and the Recipient's response to the solicitation. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 33 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 24086 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. RECIPIENT EXECUTION SIGNATURE COMMISSION EXECUTION SIGNATURE Indian River County BOCC Florida Fish and Wildlife Conservation i Commission ecipient Signature Executive Director (or Designee) Signature John A. Titkanich, Jr. Print Name Print Name County Administrator Title Title August 16, 2024 Date Date APPROVED AS T RM ATTACHMENTS ANWLEG�L ICI lrAttachments in this Agreement include the following: BY D • Attachment A, Scope of Work DEPUTY COUNTY ATTORNEY • Attachment B, Requirements of the Federal and Florida Single Audit Acts • Attachment C, Derelict Vessel Removal Best Management Practices • Attachment D, Letter of Return on Investment for the State • Attachment E, Sample Invoice Form • Attachment F, Monthly Progress Report • Attachment G, Certificate of Completion • Attachment H, Grantee's Required Documentation Submission List • Attachment I, DV Grant Monitoring Guidelines Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 34 of 34 A TRUE COPY CERTIFICATION ON LAST PAGE ATTACHMENT A RYAN L. BUTLER, CLERK SCOPE OF WORK FWC Contract No. #24086 Section 1. PURPOSE OR PROJECT WORKPLAN A. Description of Good/Service Indian River County BOCC will remove and dispose of 4 derelict vessels from the public waters of the state within the jurisdiction of the Indian River 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 Investment The Commission's mission is to conserve fish and wildlife resources for their long-term well-being and the benefit of people. This includes preservation of habitat and the environment. The waters of the State, like Florida's fish and wildlife, belong to the people of Florida, and the FWC is entrusted by the people of Florida to take care of these resources. Removing derelict vessels from the waters of the State maintains water quality both for Florida's fish and wildlife resources and a diverse, growing population of people using the waterways. Section 2. TERMINOLOGY/ACRONYMS None Section 3. DELIVERABLES 1. DELIVERABLE #1 Removal and disposal of 4 derelict vessels from the public waters of the State. 1.1. Specific Project Deliverables and Associated Tasks - The Grantee shall provide all labor, equipment, and materials to remove the derelict vessels listed below from the public waters of the state within the jurisdiction of the Indian River County and properly dispose of the vessels in the designated disposal location: Case #: FWC230N0001220 Description: White 40' Unknown Sailboat, Reg: Unknown HIN: Unknown Location: 27 39.7769 (N) / 80 22.4580 (W), Indian River Lagoon Disposal: Dispose of in authorized landfill facility 2. Case #: FWC230N0045029 Description: White 25' Columbia Sailboat, Reg: FL3139BU HIN: FLZE8726C570-710 Location: 27 40.3926 (N) / 80 22.3951 (W), Indian River Lagoon Shore Dr Cut Disposal: Dispose of in authorized landfill facility Indian River County BOCC Derelict Vessel Removal Project A TRUE COPY CERTIFICATION ON LAST PAGE $AWLC@WiWB, 086 3. Case #: FWC230N0082598 Description: White 48' Hyundai Cabin Motorboat, Reg: D0965007 HIN: HTC4913 I L990 Location: 27 48.8400 (N) / 80 27.3735 (W), Indian River Lagoon Near IR 6 Pelican Island NWR Disposal: Dispose of in authorized landfill facility 4. Case #: FWC220N0088127 Description: White 40' C&C Sailboat, Reg: FL6002JJ HIN: ZCC40035M79K Location: 27 39.2795 (N) / 80 22.4241 (W), Indian River Lagoon Disposal: Dispose of in authorized landfill facility 1.2. Minimum Level of Performance - The vessels and all parts of the vessels listed above shall be completely removed from the waters of the State and all parts of the vessels shall be disposed of as provided. As part of satisfactory completion of this Agreement, the Grantee shall provide to the Commission all documentation required by Attachment H (Grantee's Required Documentation Submission List) at or before the time stated in Attachment H. 1.3. Documentation/Criteria for Evaluating the Successful Completion of Deliverable Performance Measure(s) - The Grantee shall provide to the Commission a Final Disposition Report. This report shall contain the list of all derelict vessels removed, the disposition of each derelict vessel, and photographs that document the condition of each vessel prior to removal, the removal process for each vessel, and the final disposition of each vessel. 1.4. Timeline for Completion - Final receipts with required evidence of completion will be received by the Commission's Grant Manager no later than 10/15/2024 1.5. Acknowledgment by Grantee's Contractors: For each vessel removed and disposed of pursuant to this Agreement the Grantee shall provide to the Commission written acknowledgement from all of Grantee's contractors of receipt of a copy of this Agreement. Such acknowledgment(s) may be emailed to the Grant Manager and must be received before any work begins under this Agreement. Failure to submit such acknowledgment(s) may result in delays in reimbursement of the Grantee. Section 4. PERFORMANCE MEASURES A. Acceptance of Agreement: The Grantee will accept the agreement, and have it signed and returned to the Commission within 30 days of receipt. Failure to have the agreement returned within the specified time will render the agreement null and void. In some cases, the Commission will allow a modified return time with prior notice and approval from the Commission's Grant Manager. B. Commencement of Work: The Grantee shall commence work on the overall project as soon as notified by the Commission of the agreement execution. Failure by the Grantee to execute the work within 60 days of agreement execution shall result in the agreement being null and void, unless prior approval for a delay is granted by the Commission's Grant Manager. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 2 of 5 Indian River County BOCC Derelict Vessel Removal Project A TRUE COPY CERTIFICATION ON LAST PAGE R 6.tlrUt%9. 4086 C. Procurement: The Grantee shall procure goods and services through a competitive solicitation process in accordance with Chapter 287, Florida Statutes. The Grantee has already included in the application the quote provided by the contractor chosen for the task and the Commission will pay to the Grantee 100 percent of the quoted price for each task or 100 percent of the actual cost if less than the quoted price. The Grantee will ensure that the selected contractor has adequate insurance and is qualified to do the work. A copy of the state's Derelict Vessel Removal Best Management Practices, attached as Attachment C, will provide guidance as to whether or not the selected contractor is qualified to do the work. D. Closeout: Final receipts with required evidence of completion will be received by the Commission's Grant Manager no later than 10/15/2024. Section 5. CONTRACT MONITORING A. Compliance Monitoring and Corrective Actions The Commission will monitor the Grantee's service delivery to determine if the Grantee has achieved the required level of performance. If the Commission in its sole discretion determines that the Grantee failed to meet any of the terms or conditions of this Agreement, the Grantee will be sent a formal written notice. The Grantee shall correct all identified deficiencies within forty-five (45) days of notice. Failure to achieve 100% compliance with all of the terms and conditions of this Agreement or failure to correct the deficiencies identified in a notice identifying deficiencies within the time frame specified may result in delays in payment or termination of this Agreement in accordance with the terms of the Agreement. B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable, during the removal of project vessels. The Grantee shall notify the Commission's Grant Manager when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice. The Commission's Grant Manager, or designee, shall inspect the work accomplished on the project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. All derelict vessel removal sites will be inspected by a Commission officer to verify the complete removal of the vessel as described in the Agreement. C. Project Progress Reports: The Grantee shall submit to the Commission, on a monthly basis, 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 attached hereto and made a part hereof as Attachment F. Reports are due to the Commission's Grant Manager by the 15th of the month immediately following the reporting period until the Certificate of Completion is submitted. D. Best Management Practices: The Grantee shall ensure that the contractor chosen to complete the tasks as indicated in this Scope of Work are both able and instructed to follow state Derelict Vessel Removal Best Management Practices (BMPs), (Attachment C). Failure to follow these BMPs may subject both the contractor Attachment A: Scope of Work Last Revised: 3.23.2023 Page 3 of 5 Indian River County BOCC Derelict Vessel Removal Project A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLERLFK086 FWC Contract o. 44 and the Grantee to State or Federal fines and penalties if it is shown that these practices were not followed. E. Certificate of Completion: Upon completion of the Project, the Grant Manager for the Grantee shall sign a Certificate of Completion form, Attachment G, attached hereto and made a part hereof, that certifies the project was completed in accordance with this Scope of Work and the Agreement. For reporting purposes this project will be submitted to the Executive Office of the Governor, a Letter of Return on Investment for the State is attached hereto and made part thereof as Attachment D to this agreement. Section 6. COMPENSATION AND PAYMENT A. Fee Schedule For satisfactory completion of the tasks described in this Scope of Work, by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $34,500.00. The Grantee shall be reimbursed only for budgeted expenses that are directly related to the removal and disposal of vessels within the project. i. Cost Share: The Grantee is not required to provide any cost share of the total cost of the project as indicated in the FWC Derelict Vessel Removal Grant Guidelines. The total compensation by the Commission shall be $34,500.00 or 100% of the total cost for the project, whichever is less. ii. Salvage Value: The Grantee shall be entitled to the salvage value of any grant -designated derelict vessel, or any part(s) or accessories thereof, not used in the construction of a permitted artificial reef site, excluding the hull. All such salvage activities not essential to the physical removal of a derelict vessel shall be accomplished after the vessel has been removed from public waters. The salvage value of each vessel shall be deducted by the Grantee when determining the reimbursement request for the removal and disposal costs for each derelict vessel. Vessel hulls must be destroyed and not salvaged in whole. All salvaged materials from such vessels must be removed from the vessels before being sold for salvage. By law, such salvage values must offset the cost of removal to be allowed. B. Invoice Schedule The Grantee shall submit one invoice at the completion of all project tasks and deliverables. C. Travel Expenses Reimbursement for travel expenses is not authorized under this Agreement. D. Forms and Documentation The request for reimbursement shall include an invoice in a format similar to Attachment E, Sample Invoice Form, which shall include the FWC Agreement Number, the Grantee's Federal Employer Identification (FEID) Number, and the dates of service. The invoice shall be accompanied by: • Attachment G: Certificate of Completion (completed); • Photographs in accordance with Section 3. Deliverables 1.3. The Commission case number and this Agreement's Contract number are required to be on each photo submitted.; • An itemized list of all project expenditures; Attachment A: Scope of Work Last Revised: 3.23.2023 Page 4 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Indian River County BOCC Derelict Vessel Removal Project FWC Contract No. #24086 • A copy of the Contract(s) between the Grantee and the Contractor(s) selected to complete the project; • If the Grantee's selected contractor uses a sub-contractor(s) in the completion of the deliverables in this Agreement, the Grantee shall submit a copy of the sub -contractor's agreement with the Grantee's selected contractor(s) to the Commission. Such agreements are required to be in place for all work performed under this Agreement by a subcontractor.; • An invoice from the Grantee's contractor(s) showing the total price for the removal and disposal of each vessel that is authorized to be removed under this Agreement. Prices on the contractor's invoice must match the price listed on the Grantee's Invoice to the Commission; • Proof of payment by the Grantee to the Grantee's contractor(s), which may be in the form of a check copy or EFT from the Grantee to the contractor(s). Amounts paid to the contractor(s) must match the amount included on the invoice to the Commission. If amounts are paid by the Grantee to the contractor(s) for services not associated with this Agreement, those service and corresponding amounts must be annotated and clearly separated in the proof of payment documentation submitted. Section 7. FINANCIAL CONSEQUENCES In addition to nonpayment for tasks which are not satisfactorily or timely completed, or for failure to correct any project deficiencies, as noted in the final project inspection, the Commission may impose a financial consequence of twenty percent (20%) of the total contract amount for failure to complete any tasks satisfactorily or timely, or for failure to correct any project deficiencies, as noted in the final project inspection. The final project inspection will be done by a Commission officer verifying that the entire vessel for each task has been removed according to the project plan. Failure of Grantee to have all receipts and evidence of project performance delivered to FWC on or before 10/15/2024 before close of business may jeopardize payment of funds to the Grantee per the Agreement. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 5 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. FWC-24086 Attachment B AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award, then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both State and Federal funds, then all provisions apply. MONITORING In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or contracted consultants, limited scope audits as defined by Section 200.331, OMB Uniform Guidance and/or other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. AUDITS PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following provisions apply: A. This part is applicable if the Grantee is a State or local government or a non-profit organization as defined in Sections 200.90, 200.64, or 200.70, respectively, OMB Uniform Guidance. B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by this Agreement. In determining the Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by Sections 200.500-200.521, OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB Uniform Guidance, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part 1, paragraph A. herein, the Grantee shall fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB Uniform Guidance. This includes, but is not limited to, preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after Attachment B rev.6.15.15 Page 1 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. FWC-24086 December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from Grantee resources obtained from other than Federal entities). E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance findings related to contracts with the Commission shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB Uniform Guidance audit reports. F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. G. If the Grantee expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other -than Federal entities). H. A web site that provides links to several Federal Single Audit Act resources can be found at: https://harvester.census.gov/facweb/Resources.aspx PART H: STATE FUNDED. If this Agreement includes State funding, then the following provisions apply: This part is applicable if the Grantee is a non -state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Contract. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Attachment B rev.6.15.15 Page 2 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. FWC-24086 C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other -than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: httj2s://apl2s.fldfs.com/fsaa/. E. Grantee shall provide a -copy of any audit conducted pursuant to the above requirements directly to the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the following at the address indicated: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2. The Federal Audit Clearinghouse designated in Section 200.512, OMB Uniform Guidance (the reporting package required by Section 200.512, OMB Uniform Guidance, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 10" Street Jeffersonville, IN 47132 3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB Uniform Guidance. B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the audit report, indicate the date that the Grantee received the audit report); copies of the reporting Attachment B rev.6.15.15 Page 3 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE PYAN L. BUTLER, CLERK FWC Agreement No. FWC-24086 package described in Section 200.512, OMB Uniform Guidance, and any management letters issued by the auditor; copies of reports required by Part II of this Attachment must be sent to the Commission at the addresses listed in paragraph C. below. C. Copies of financial reporting packages required by Part II of this Attachment, including any management letters issued by the auditor, shall be submitted by or on behalf of the Grantee directly to each of the following: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521, OMB Uniform Guidance, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Grantees and sub -Grantees, when submitting financial reporting packages to the Commission for audits done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee in correspondence accompanying the reporting package. - End of Attachment B — Attachment B rev.6.15.15 Page 4 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE FWC Agreement�To �2C4hjgK Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Pro rams Funds CFDA # CFDA Title Amount N/A Total Federal Awards COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Pro rams Compliance Requirements CFDA # Compliance Requirements N/A STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Matching Funds Provided by CFDA CFDA # CFDA Title Amount of Matching Funds Total Matching Funds Associated with Federal N/A Programs SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project(s) CSFA # CSFA Title Amount 77.005 FWC Derelict Vessel Removal Grant Program $34,500.00 Total State Awards $34,500.00 Attachment B rev.6.15.15 Page 5 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE P,YAN L. BUTLER, CLERK FWC Agreement No. FWC-24086 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: State Project(s) Compliance Requirements CSFA # Compliance Requirements 77.005 Must adhere to FWC Derelict Vessel Removal Grant Program Guidelines (November 2019 NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Grantee. - End of EXHIBIT 1 - Attachment B rev.6.15.15 Page 6 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Attachment C Contract FWC 24086 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 long term 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; A TRUE COPY CERTIFICATION ON LAST PAGE t�YAN L. BUTLER, CLERK 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 BMP requirements with their contingency of equipment, staff and expertise in the removal of derelict vessels. Compliance with these BMP's will be monitored by the County and by local Florida Fish and Wildlife Conservation Commission law enforcement officers. These BMP's are as follows: a. All Work Is To Meet The Following Requirements: I. Operations are to be limited to daylight hours. 2. Operations are to be staged from an upland area. 3. All work is to be performed in a manner that avoids and/or minimizes impacts to live bottom and other resource areas (e.g., seagrass beds, oyster beds, wetlands, mangroves, and other sensitive habitats) while approaching, working in, and leaving the derelict vessel site. 4. All work shall avoid impacts to manatees, sea turtles, and other species listed by the state and federal government as threatened or protected. 5. The Contractor will remove all contaminants and pollutants including fuels, batteries, paints, solvents, and engine from the derelict vessel prior to, or immediately after extraction, whichever option is best to prevent environmental impacts. Any contaminant or pollutant found to be contained within a derelict vessel shall be removed by the Contractor, placed in an approved container, and disposed of properly. The placement of an absorbent blanket on the surface of the water around the derelict vessel within the turbidity barrier is required where free floating product (gas/oil) is observed. 6. The Contractor is to provide appropriate best management practices (BMPs) approved by the Florida Department of Environmental Protection for erosion control and turbidity A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK protection while each derelict vessel is being removed. In areas of low to moderate currents, a Type II floating turbidity barrier will be installed within a ten (10) foot radius of the vessel being removed prior to starting any removal activities. The turbidity barrier shall be anchored to the bottom of the waterway. 7. The Contractor is to provide appropriate BMPs 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. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement Number: 24086 N' Attachment D Florida Fish To: FWC Contract 24086, Indian River County BOCC and Wildlife From: Phil Horning, Contract Manager Conservation RE: Return on Investment Reporting Commission Commissioners The ultimate objective is for the vessel(s) to be removed from the water at the Rodney Barreto This Memorandum is to document the Return of Investment reporting language as Chairman mandated and approved by Florida's Executive Office of the Governor, Office of Coral Gables Policy and Budget, in to FWC Contract 24086. Steven Hudson possible time reduces the cost of removing vessels at a later time when they Vice Chairman frequently sink or break apart thereby increasing removal costs. By eliminating Fort Lauderdale these hazards from navigation, there is a reduced chance of injury or death St. Augustine Return of Investment reporting: Preston Farrior associated with a collision between a boater and a derelict vessel thereby reducing Tampa risk to the boater, county and state. Gary Oxford Lester The ultimate objective is for the vessel(s) to be removed from the water at the resources for their long-term earliest possible time to prevent additional removal costs and potential damage by Albert Maury total linear feet removed for both individual counties and the statewide total. The Coral Gables interfering with navigation or the environment. Removing vessels at the earliest Gary Nicklaus possible time reduces the cost of removing vessels at a later time when they Jupiter frequently sink or break apart thereby increasing removal costs. By eliminating Sonya Rood these hazards from navigation, there is a reduced chance of injury or death St. Augustine Voice: 850-488-4676 associated with a collision between a boater and a derelict vessel thereby reducing Office of the risk to the boater, county and state. Executive Director Roger A. Young Executive Director Removing a greater number of derelict vessels reduces the number of Charles "Rett" Boyd environmental incidents of pollution caused by spilled fuels and oils and the Assistant Executive Director leaching of caustic chemicals into the waters of the state. A reduction of derelict George Warthen vessel damage to sea grasses, corals, and other benthic resources also increases Chief Conservation Officer value to our states natural resources and reduces restoration costs. Derelict vessels Jessica Crawford Chief of Staff can also be a blight on working waterfronts, resort and residential areas. This 850-487-3796 blight can negatively affect the economy of these areas including use, sales and 850-921-5786 FAX tourism. Managing fish and wildlife resources for their long-term Analysis at the program's conclusion will list the number of derelict vessels and/or well-being and the benefit of people. total linear feet removed for both individual counties and the statewide total. The average cost for vessels removed and the average cost per linear foot will also be included. The report will measure the percentage of derelict vessels removed for 620 South Meridian Street both counties and the entire state based on the pre-program totals as listed in the Tallahassee, Florida Statewide Derelict Vessel Database. 32399-1600 Voice: 850-488-4676 Hearing/speech-im paired: 800-955-8771(T) 800 955-8770 (V) MyFWC.com Billed to: Fish and Wildlife Conservation Commission FWC Derelict Vessel Removal Grant Program 620 South Meridian Street Tallahassee, Florida 32399-1600 Remit payment to: Grantee: Indian River County BOCC FEID #: 59-6000674 Address: 1801 27th Street, Bldg. A Vero Beach, FL 32960 INVOICE PROJECT COSTS: A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Attachment E Invoice No. 24086 Invoice Date: Vcn�lor f.nlcr FWC Contract #: FWC- 24086 Amount of Grant Award: $34,500.00 Billing Period/Dates of Service: From: F"nicr !;.,l1 (Date Contactor Began Work) (Date Contractor Completed Work) Deliverables/Services Provided (Scope of Work) — Cash expenditures: Amount Vessel 1) FWC230N0001220; White 40' Unknown Sailboat, Reg: Unknown $9,800.00 Vessel 2) FWC230N0045029; White 25' Columbia Sailboat, Reg: FL3139BU $4,200.00 Vessel 3) FWC230N0082598; White 48' Hyundai Cabin Motorboat, Reg: D0965007 $12,500.00 Vessel 4) FWC220N0088127; White 40' C&C Sailboat, Reg: FL6002JJ $8,000.00 Total Project Cost: $34,500.00 Grantee Share (0%): — $ N/A Amount for Reimbursement: $34,500.00 I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Date: Project Manager Page 1 P TRUE COPY ::ERilt !CATION ON LAST PAGE !AN L. BUTLER, CLERK FWC Contract No. FWC: 24086 Attachment F FLORIDA DERELICT VESSEL REMOVAL GRANT PROGRAM MONTHLY PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284. FWC Contract # 24086 Reporting Period (Month/Year): Vendor to Com len to (Due 15 days after the end of each month) Grantee: Indian River County BOCC Project Title: Indian River County BOCC Derelict Vessel Removal Project 1. Describe progress of project, including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion by due date? YES ❑ NO ❑ Anticipated completion date:Vendor- Click Here to Enter Crnnpletion Date (If project is not on schedule, please explain any problems encountered and/or possible delays) 3. Reporting requirements: (Check all that have been submitted to date) ❑ Bid package ❑ Bid tabulation ❑ Progress photographs ❑ Final photographs Project Manager Vendor to Comnlete Print Name Page 1 of 1 Vendor- Click Here to Enter Date Date Vendor to Complete Phone A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Contract No. FWC- 24086 Attachment G FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION • �` FWC Derelict Vessel Removal Grant Program I� CERTIFICATION OF COMPLETION STATEMENT I, Melissa Meisenburg, Representing Indian River County BOCC, do hereby certify that the FWC Derelict Vessel Removal Grant Program project funded by FWC Contract No. 24086, 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) Click or tap to enter a date._ (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: Name: Title: Date: A TRUE COPY Q Attachment — RAN L. BUTLER, CK Grantee's Required Documentation Submission List The following is a list of the documents that must be provided by the Grantee to the FWC Derelict Vessel Program Manager/Contract Manager and when each must be received by the Commission. Failure of the Grantee to provide these documents when required may subject the Grantee to delays in reimbursement and/or financial penalties. Acknowledgement of Receipt of Agreement/Contract by Contractor: A copy of the Agreement/Contract between the Commission and the Grantee must be issued to the Grantee's contractor, and the Grantee shall submit acknowledgement of receipt by the contractor to the Commission DV Program Administrator. Due to the Commission before any work under the Agreement/Contract begins. Grantee's written proof of Liability Insurance (or self-insurance): Due to the Commission within 15 days of Agreement/Contract Execution. Grantee's written verification of being registered with E -Verify: Due to the Commission within 15 days of Agreement/Contract Execution. Contractor's and subcontractors' written verification of being registered with E -Verify: Due to the Commission within 15 days of Agreement/Contract Execution. Monthly Proiect Progress Report: Due to the Commission on the 15' day of each month the Agreement/Contract remains active. Grantee's Invoice for Payment: Grantee must submit an Invoice (Attachment E) to the Commission for reimbursement. Due to the Commission when all Agreement/Contract tasks and deliverables have been completed. Certificate of Completion: A completed Certificate of Completion (Attachment G). Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Itemized List of All Project Expenditures: Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Grantee's Contract with Contractor: Grantee will submit a copy of the Contract between the Grantee and the Contractor selected to complete the project. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Subcontractor Agreements: If the Grantee's selected contractor uses a sub -contractor in the completion of the deliverables in the Agreement/Contract, the Grantee shall submit a copy of the sub -contractor's agreement with the Grantee's selected contractor to the Commission. Such agreements are required to be in place for all work performed under the Agreement/Contract by a subcontractor. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Vessel Photos and Final Disposition Report: A final disposition report and photos of each vessel removed pursuant to the Agreement/Contract are required in accordance with paragraph 2. A deliverable #1 iii of Attachment A, Scope of Work, of the Agreement/Contract. The Commission case number and Contract A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK number are required to be on each photo submitted. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Contractor's Invoice: An invoice from the contractor showing the total price for the removal and disposal of each vessel that is authorized to be removed under the Agreement/Contract must be submitted by the Grantee to the Commission. Prices on the contractor's invoice must match the price listed on the Grantee's Invoice to the Commission (Attachment E). Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Proof of Payment to Contractor from Grantee: Proof of payment by the Grantee to the contractor(s) may be in the form of a check copy or EFT from the Grantee to the contractor's). Amounts paid to the contractor(s) must match the amount included on the invoice to the Commission (Attachment E). If amounts are paid by the Grantee to the contractor(s) for services not associated with the Agreement/Contract, those service and corresponding amounts must be annotated and clearly separated in the proof of payment documentation submitted. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement #: 24086 Attachment I Derelict Vessel Program Grant Monitoring Guidelines The Florida Fish and Wildlife Conservation Commission (Commission) has established and been appropriated funding by the Florida Legislature, to assist local governments in the costs related to removing derelict vessels from the waters of the state. The Commission derelict vessel program has a responsibility to track and monitor the status of grant activity and projects initiated by local governments under contract with the Commission to ensure compliance with applicable written grant guidelines and statutory regulations. The monitoring process is designed to assess a Grantee's compliance with applicable agency, state, and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities — financial and programmatic monitoring. Financial monitoring is the review of records associated with the invoiced costs of derelict vessel removal projects and contracts. Programmatic monitoring is the observation of project timelines, best management practices, and verified project completion records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects and financial activity and provision of technical assistance between the Commission and the applicant via e-mail and telephone or other electronic means. On-site monitoring involves visits to the Grantee agencies or project work sites by Commission representatives who examine records, procedures and project activity. No Conflict of Interest: Grant Managers shall complete a Conflict of Interest Certification form at the time they are assigned/assume responsibility for an agreement. If a conflict exists, the grant manager shall notify their immediate supervisor at the earliest opportunity. The supervisor is responsible to reassign the Agreement or coordinate with leadership and/or Commission legal advisors to determine the appropriate resolution. A completed Conflict of Interest Certification form will be included and entered into each derelict vessel grant removal agreement. Frequency of monitoringactivity: ctivity: The Commission's derelict vessel program will conduct monitoring during the period that a grant project is active. Once the project has been completed and verified as such, and reimbursement has been issued to the Grantee based on the written agreement, the relationship with the Grantee has ended until and unless a subsequent application for a grant is received again for that Grantee. Those applicants who have had documented contract violations for past failures to perform without successful resolution with the Commission, may be subject to denial of further opportunities to be considered for a grant. Areas that may be reviewed include, but are not limited to: Management and administrative procedures; Grant folder maintenance; Accounting system; Anticipated projected completion (adhering to Agreement timelines for project completion); Difficulties encountered in completing projects; FWC Agreement #: 24086 Equal Employment Opportunity (EEO Status); Americans with Disabilities Act (ADA Status); Procurement policy; Procurement documents; and Contractor and subcontractor agreements, if applicable. A TRUE COPY (;�-_RWICATION ON LAST PAGE RYAN t_. BUTLER, CLERK Attachment I The Commission may request additional monitoring/information if the activity, or lack thereof, generates questions from Commission leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Grantees will be required to participate in desk monitoring as determined by the Commission. This contract will provide an opportunity to identify the need for additional assistance and determines what a Grantee needs to complete the project in a timely manner in accordance with their Agreement. A document (Attachment H) will be included with each Agreement detailing documents required to be submitted by the Grantee and when those documents are due. As difficulties/deficiencies are identified, the Grantee's grant manager will be notified by Commission staff. Many of the issues that arise may be resolved by the Grantee without Commission involvement, but Commission staff can provide technical assistance. Examples of technical assistance include, but are not limited to: • Determination of eligibility of items or services for reimbursement; • Coordination and partnership with contractors and subcontractors; • Record keeping; • Providing information about reporting requirements; • Advising as to documentation necessary to support a request for reimbursement. On-site monitoring will be conducted by Commission personnel or others appointed by the Commission. On-site monitoring visits will be scheduled in advance with the Grantee grant manager designated in the Agreement. All derelict vessel removal projects are verified by sworn law enforcement personnel prior to reimbursement by the Commission. The Commission will also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. On -Site Monitoring Protocol: On-site monitoring visits will be randomly chosen from active derelict vessel removal project grants in progress, as well as those that may be identified as having potential contract violations or as a result of a contractor's failure to follow contract specifications as required. Site visits may be combined when geographically convenient. Site Visit Preparation: An email will be sent to the Grantee grant manager outlining the date, time, and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the Grantee in writing (email is acceptable) and documented in the Grantee folder. On -Site Monitoring Visit: FWC Agreement #: 24086 Attachment I Once Commission personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items the Commission intends to examine will be identified. All objectives of the site visit will be explained at this time. Commission personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of the project site will be conducted. All project deliverables selected for review should be visually inspected whenever possible. Photographs should be taken of the project site, and any relevant activity. If a project deliverable is not available at the time of the site visit, the appropriate documentation must be provided to account for the project progress. Other programmatic issues can be discussed at this time such as missing monthly project progress reports, payment/voucher /reimbursement, etc. Post Monitoring Visit: Commission personnel will review the on-site monitoring documents and backup documentation as a team and discuss the events of the on-site monitoring. Within thirty (30) calendar days of the site visit, a post monitoring letter will be generated and sent to the Grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a post monitoring letter to that effect will be generated and sent to the Grantee. The Grantee will convect all deficiencies or submit a Corrective Action Plan within thirty (30) calendar days of the monitoring letter date. Grantee noncompliance will be resolved by Commission management under the terms of the Grantee Agreement. The on-site monitoring report and all backup documentation will then be included in the Grantee's file STATE OF FLORIDA INDIAN R COUNTY TMIS 1 , O ERTIFY THAT T A TRUE AND CORRECT COPY E OR1f�MIAL Otl It IN THIS OFFM /I RYAN L. CIEAB Lj�jwrAw///!%�&WL!:W:" IMr ��