Loading...
HomeMy WebLinkAboutExhibit 1FWC Contract No. 11406 FLORIDA BOATING IMPROVEMENT PROGRAM GRANT AGREEMENT 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," and the CITY OF MIAMI whose address is 444 SW 2nd Avenue, 5th Floor, MIAMI, Florida 33030, hereafter "GRANTEE" to conduct a derelict vessel removal project, hereafter "Project,' using funds from the Florida Boating Improvement Program, hereafter "Program." NOW THEREFORE, the COMMISSION' and the GRANTEE, for the considerations hereafter set forth, agree as follows: SCOPE OF WORK 1. The GRANTEE shall implement and complete the project as described in Attachment A, Scope of Work, attached hereto and made a part hereof, and in Florida Boating Improvement Program (FBIP) Grant Application No. 11-048, incorporated herein by reference. All project activities must be completed during the time span provided herein for that portion of the Agreement. 2. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement: 3. Authorized disposal sites for derelict vessels shall be limited to permitted artificial reef sites, permitted landfill locations, and permitted recycled materials centers. Exceptions to this requirement must be approved in writing by the COMMISSION's Program Administrator. 4. Any pollutant found to be contained within any derelict vessel designated for removal must be removed and properly disposed of in accordance with applicable laws by the GRANTEE prior to the removal of the derelict vessel. 5. The GRANTEE shall commence work on the Project within 90 days of execution of the Agreement. Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and may result in termination of the Agreement by the COMMISSION. 6. The GRANTEE shall be required to procure goods and services through the competitive solicitation process defined by Chapter 287, Florida Statutes. The .GRANTEE shall forward one copy of any solicitation to the COMMISSION's Program Administrator for review prior to soliciting for quotations or commencing any work. The COMMISSION's Program Administrator shall have 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. The GRANTEE shall forward one copy of the bid tabulation, or similar list of responses to the solicitation, along with the award recommendation to the COMMISSION's Program Administrator. 7.._ The GRANTEE, at its expense, shall acknowledge the COMMISSION and the Program as a funding source for the Project as described in Attachment A, Scope of Work. Any other form of acknowledgement must be approved by the COMMISSION's Program Administrator. Such acknowledgement shall be maintained for the duration of the Agreement. Failure by the GRANTEE to maintain such acknowledgement shall be considered a breach of the Agreement. REPORTING REQUIREMENTS 8. The GRANTEE shall submit to the COMMISSION; on a monthly basis, project progress reports outlining the progress of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the Project Progress Report Page 1 of 9 ''k S P l _,.CL2U" FWC Contract No.. 11406 Form attached hereto and made a part hereof as Attachment B. Reports are due to the COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion is submitted. 9. Upon completion of the tasks described in Attachment A, Scope of Work, the Project Manager for the GRANTEE shall sign a Certification of Completion form, Attachment C, attached hereto and made a part hereof, that certifies the Project was completed in accordance with the Scope of Work and the Agreement. PERFORMANCE AND MONITORING 10. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 11. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good -faith performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287, F.S., and all other applicable rules and laws. 12. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. 13. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project, including -the construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. 14. For the entire term of the Agreement, the GRANTEE shall provide and be responsible for any and all costs associated with ordinary and routine operations and maintenance of the Project, including any and all personnel, equipment, service or supplies costs beyond the costs approved herein for reimbursement. 15. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be fully responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable to any sub -grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. TERM OF AGREEMENT 16. This Agreement shall begin upon execution by both parties and end October 31, 2013, inclusive. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. 17. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval. Failure to execute this Agreement shall render the award of funds null and void, and shall result in termination of this Agreement. COMPENSATION 18. For satisfactory completion of the tasks described in Attachment A, 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 $ 46,000. Page 2 of 9 FWC Contract No. 11406 19. The GRANTEE shall be entitled to the salvage value of any grant -designated derelict vessel or any part(s) or accessories thereof, excluding the hull, not used in the construction of a permitted artificial reef site. All such salvage activities not essential to the physical removal of a derelict vessel shall be accomplished after the vessel has been removed from public waters. The salvage value of each vessel shall be deducted by the GRANTEE when determining the reimbursement request for the removal and disposal costs for each derelict vessel. 20. The GRANTEE agrees to provide 39.15% of the total cost of the Project as indicated in FB/P Grant Application No. 11-048, incorporated herein by reference. The total compensation by the COMMISSION shall not exceed 60.85% of the total cost. PAYMENTS 21. The COMMISSION shall pay the GRANTEE for satisfactory performance upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing -by the COMMISSION's Program Administrator. Each invoice shall include the FWC Contract Number and the GRANTEE's Federal Employer Identification (FEID) Number and should be in a format similar to Attachment D, Sample Invoice Form. An original and three (3) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Invoices shall be submitted quarterly on the following schedule: First invoice due six months from the date of execution; Second invoice due nine months from the date of execution; Third payment due twelve months from the date of execution; Final invoice must be submitted within 30 days after completion of the Project. 22. Program funds shall be disbursed to the GRANTEE only after pre -approved phase or final completion of the Project occurs and work is verified by COMMISSION staff. Payment will be made only for documented and verified costs. The COMMISSION will not pre -approve or disburse any Program funds in advance. Failure to complete the Project and make final payment request to the COMMISSION within the stipulated period shall result in termination of this Agreement. Any funds not disbursed or expended by the end of the stipulated period are subject to the provisions of Chapter 216.301, Florida Statutes. 23. No travel expenses are authorized under the terms of this Agreement. 24. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and made a part hereof as Attachment E. 25. The COMMISSION shall have 45 working days to inspect and approve goods and services. 26. Any Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict any or all payment of Program funds pending correction of such deficiencies. 27. For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 28. Invoices, including backup documentation, shall be submitted to: Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Page 3 of 9 FWC Contract No. 11406 Boating and Waterways Section Florida Boating Improvement Program 620 South Meridian Street Tallahassee, FL 32399-1600 TERMINATION 29. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. The COMMISSION may terminate this Agreement at any time with or without cause by a written notice by certified mail, return receipt requested, from the COMMISSION to the GRANTEE. Upon receipt of such notice, the GRANTEE shall, unless the notice directs otherwise, immediately discontinue all grant activities authorized hereunder. Upon termination of this Agreement, the GRANTEE 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. 30. Either party may terminate this Agreement by giving written notice to the other party, at least 30 days prior to the termination date, by certified mail, return receipt requested. The COMMISSION reserves the right to restrict any or all payment of Program funds if the Agreement is terminated at the convenience of the GRANTEE. TAXES 31. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. NOTICES 32. Any and all notices shall be delivered to the parties at the following addresses (or such changed address "or addressee as may be provided by notice). A notice or other communication shall be deemed received by the addressee on the next business day after having been placed in overnight mail with the U. S. Postal Service, or other overnight express service such as FedEx, UPS, or similar service. Notices sent by means other than overnight delivery shall be deemed received when actually received by the addressee: GRANTEE COMMISSION City of Miami 444 SW 2nd Avenue, 5th Floor Miami, FL 33030 Phone: (305) 416-1536 Fax: (305) 416-2151 Email: Iblondet@miamigov.com Attn: Lillian Blondet, Project Manager Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section 620 South Meridian Street Tallahassee, FL 32399-1600 Phone: (850) 488-5600 Fax: (850) 488-9284 Email: fbip@MyFWC.com Attn: Tim Woody, Program.Administrator AMENDMENT OR MODIFICATION 33. 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. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g., specifications, schedules, method or manner of performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase or decrease in the Page 4 of 9 FWC Contract No. 11406 GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 34. The GRANTEE shall perform as an independent party and not as an agent, representative, or employee of the COMMISSION. The GRANTEE 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. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 35. To the extent required by law, the GRANTEE will either be self -insured for Worker's Compensation claims, or will secure and maintain during the life of. this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 36. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance. 37. The GRANTEE warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. PUBLIC RECORDS 38. All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. This Agreement may be unilaterally canceled by the COMMISSION for refusal. by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida • Statutes, and made or received by the GRANTEE in conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 39. The GRANTEE 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. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this Agreement. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. Page 5 of 9 FWC Contract No. 11406 LIABILITY 40. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 41. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 42. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, 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. PROHIBITION OF UNAUTHORIZED ALIENS 43. In accordance with Executive Order 96-236, the COMMISSION shall consider the employment by the GRANTEE 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 GRANTEE knowingly employs unauthorized aliens. EMPLOYMENT ELIGIBILITY VERIFICATION 44. The GRANTEE shall enroll in and use the U.S. Department of Homeland Security's E-Verify Employment Eligibility Verification System (http://www.uscis.gov/portal/site/uscis) to verify the employment eligibility of all new employees hired .by the GRANTEE during the term of this Agreement. 45. The GRANTEE shall include in any subcontracts for the performance bf work or provision of services pursuant to this Agreement the requirement that the subcontractor use the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 46. The GRANTEE 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 GRANTEE's enrollment in the program. This includes maintaining a copy of proof of the GRANTEE's and subcontractors' enrollment in the E-Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation menu of the E-Verify employer's homepage). 47. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the COMMISSION may treat a failure to comply as a material breach of the Agreement. Page 6 of 9 FWC Contract No. 11406 NON -ASSIGNMENT 48. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the COMMISSION. Any such assignment or attempted assignment shall be null and void. PROHIBITION OF CONTINGENT FEES 49. The GRANTEE warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the GRANTEE, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the GRANTEE, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. REMEDIES 50. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 51. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 52. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 53. 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 GRANTEE of quantum meruit. PROPERTY/EQUIPMENT 54. The GRANTEE is not authorized to use funds provided herein for the purchase of any non -expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 55. In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non - State organizations that are recipients of State financial assistance to comply with the audit requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment F, titled Page 7 of 9 FWC Contract No. 11406 Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the Agreement, as applicable. 56. In accordance with section 216.347, Florida.Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. ENTIRE AGREEMENT 57. 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. (Remainder of page intentionally left blank.) Page 8 of 9 FWC Contract No. 11406 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. CITY OF MIAMI FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Mayor, or designee* Executive Director, or designee Date Date Name (Print) Name (Print) Grantee Name Address City, State, and Zip Code Federal Employer Identification Number (FEID) Approved to form and legality: Approved as to form and legality: Grantee Attorney List of attachments/exhibits included as part of this Agreement: Attachment A: Attachment A-1: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Exhibit 1: Scope of Work Derelict Vessel Reports Project Progress Report Form Certification of Completion Form Sample Invoice Form Comptroller Cost Reimbursement Requirements Federal/Florida Single Audit Act Requirements Funds awarded pursuant to agreement "If someone other than the Mayor signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the local governing body must accompany the Agreement. Page 9 of 9 City of Miami, a municipal Corporation of the State of Florida ATTEST: PRISCILLA THOMPSON CITY CLERK Johnny Martinez CITY MANAGER/ / i APPROVED AS TO INS`U_RAN E'REQUIREMENTS: i '/ I Calvin Ellis v RISK MANAGEMENT APPROVED AS TO FORM AND CORRECTNESS: JULIE 0, BRU CITY ATTORNEY Item: FWC Contract # , 11406 • ATTACHMENT A SCOPE OF WORK CITYWIDE DERELICT VESSEL REMOVAL INTRODUCTION The purpose of the project is to improve recreational boating in the City of Miami by removing derelict vessels that are causing navigational and environmental hazards on city waterways. Derelict vessels are potentially a public safety hazard as well as a source of contamination to the natural environment. The City of Miami will hire a contractor to remove 24 derelict vessels located throughout Biscayne Bay, the Atlantic Intracoastal Waterway, and the Atlantic Ocean in the City of Miami. TASKS The GRANTEE shall be responsible for completion of the following tasks: the GRANTEE shall provide all labor, equipment, and materials to remove each derelict vessel listed below, and described further in the derelict vessel reports included as.Attachment A-1, from the public waters of the City of Miami and properly dispose of the vessels in the designated disposal location. Task 1 — DV# MPD 11120-285786 Latitude: N25° 43.40298' Longitude: W080° 13.62198' Disposal location: Landfill Task 2 — DV# MPD 111021-286792 Latitude: N25° 47.229' Longitude: W080° 10.31202' Disposal location: Landfill Task 3 DV# MPD 110608-157866 Latitude: N25° 44.69802' Longitude: W080° 10.36098' Disposal location: Landfill Task 4 — DV# MPD 110531-149446 Latitude: N25° 43.26498' Longitude: W080° 14.23698' Disposal location: Landfill Task 5 — DV# MPD 111018-283906 Latitude: N25° 50.79102' Longitude: W080° 11.034' Disposal location: Landfill Task 6 — DV# MPD 111018-283899 Latitude: N25° 50.79102' Longitude: W080° 11.034' Disposal location: Landfill Task 7 — DV# MPD 111021-286624 Latitude: N25° 47.25588' Longitude: W080° 13.89372' Disposal location: Landfill Task 8 — DV# MPD 111021-286898 Latitude: N25° 43.32702' Longitude: W080° 14.27502' Disposal location: Landfill Task 9 — DV# MPD 111021-286899 Latitude: N30° 43.39302' Longitude: W080° 14.415' Disposal location: Landfill Page 1 of 3 FWC Contract # 11406 ATTACHMENT A Task 10 — DV# MPD 111021-286894 Latitude: N25° 43.39752'. Longitude: W080° 14.30622' Disposal location: Landfill • Task 11— DV# MPD 100107-006829 Latitude: N25° 43.266' Longitude: W080° 14.26902' Disposal location: Landfill Task 12 — DV# MPD 111021-286895 Latitude: N25° 43.40448' Longitude: W080° 14.31858' Disposal location: Landfill Task 13 — DV# MPD 111026-291491 Latitude: N25° 47.06418' Longitude: W080° 10.34382' Disposal location: Landfill Task 14 — DV# MPD 110921-259357 Latitude: N25° 43.3566' Longitude: W080° 13.87668' Disposal location: Landfill Task 15 — DV# MPD 110921-259607 Latitude: N25° 47.25678' Longitude: W080° 13.8933' Disposal location: Landfill Task 16 — DV# MPD 111014-280815 Latitude: N25° 47.25768' Longitude: W080° 13.89342' Disposal location: Landfill Task 17 — DV# MPD 111013-279695 Latitude: N25° 43.48422' Longitude: W080° 14.394' Disposal location: Landfill Task 18 — DV# MPD 110722-201009 Latitude: N25° 47.0455' Longitude: W080° 10.06698' Disposal location: Landfill Task 19 — DV# MPD 111022-287699 Latitude: N25° 17.0240' Longitude: W080° 10.1060' Disposal location: Landfill Task 20 — DV# MPD 111022-287675 Latitude: N25° 46.85502' Longitude: W080° 10.18998' Disposal location: Landfill Task 21 — DV# MPD 111014-208566 Latitude: N25° 18.789.48' Longitude: W080° 17.64372' Disposal location: Landfill Task 22 — DV# MPD 111103-298977 Latitude: N25° 47.0840' Longitude: W080° 10.3450' Disposal location: Landfill Task 23 — DV# MPD 110531-149707 Latitude: N25° 43.45398' Longitude: W080° 13.71498' Disposal location: Landfill Page 2 of 3 FWC Contract # 11406 ATTACHMENT A Task 24 — DV# MPD 1111-306570 Latitude: N25° 50.803' Longitude: W080° 10.992' Disposal location: Landfill ACKNOWLEDGEMENT The GRANTEE shall acknowledge the COMMISSION and the Florida Boating Improvement Program as a source of funding by drafting a press release and making the release available to local media. The GRANTEE shall provide a draft copy of the press release to the COMMISSION prior to making it available to the media. REPORTS A. Monthly Activity Reports The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the form provided by the COMMISSION and due to the COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion is submitted. B. Bid Package The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program Administrator for review prior to soliciting for quotations or commencing any work. The COMMISSION's Program Administrator shall have 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. The GRANTEE shall forward one copy of the bid tabulation to the COMMISSION's Program Administrator to ensure the requirements of Chapter 287, F.S., have been met. C. Certification of Completion Upon completion of the tasks described above, the Project Manager for the GRANTEE shall sign a Certification of Completion form, provided by the COMMISSION, that certifies the Project was completed in accordance with this Scope of Work and the Agreement. D. Final Disposition Report Upon completion of the tasks listed above, the GRANTEE shall provide to the COMMISSION, a Final Disposition Report. This report shall contain the list of all derelict vessels removed and the disposition of each derelict vessel, photographs -of each derelict vessel, and an "Incident/Summary Report Narrative" (FWC/DLE-045A) completed by a COMMISSION law enforcement officer verifying removal of each derelict vessel. The photographs of derelict vessels shall document the condition of the vessel prior to removal, the removal process, and the final disposition of the vessel. Each photograph shall be labeled with the Derelict Vessel Number assigned to that vessel. The Final Disposition Report shall be submitted with the Certification of Completion form. INVOICES AND PAYMENTS The COMMISSION shall pay the GRANTEE for satisfactory performance upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Program Administrator. Each invoice shall include the FWC Contract Number and the GRANTEE's Federal„Employer Identification (FEID) Number and should be in a format similar to Attachment D, Sample invoice Form. An original and three (3) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Invoices shall be submitted quarterly on the following schedule: First invoice due six months from the date of execution, Second invoice due nine months from the date of execution, Third invoice due twelve months from the date of execution, Final invoice must be submitted within 30 days after completion of the Project, but no more than 30 days after the termination date of the Agreement. Page 3 of 3