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2014-042
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Last modified
3/13/2017 11:08:47 AM
Creation date
10/1/2015 6:04:25 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/08/2014
Control Number
2014-042
Agenda Item Number
8.J.
Entity Name
Florida Fish and Wildlife Conservation Commission
Subject
Artificial Reef Construction Agreement
Area
Sebastian Inlet
Project Number
13127`
Alternate Name
Federal Aid Sport Fish Restoration Program
Supplemental fields
SmeadsoftID
13114
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FWC Agreement No. 13127 <br />A. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who <br />has been placed on the convicted vendor list following a conviction for a public entity crime may <br />not be awarded or perform work as a Grantee, supplier, subcontractor or consultant under a <br />contract with any public entity and may not transact business with any public entity in excess of <br />the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty- <br />six (36) months from the date of being placed on the convicted vendor list. <br />The State of Florida, Department of Management Services, Division of State Purchasing provides <br />listings for convicted, suspended, discriminatory and federal excluded parties as well as the <br />vendor complaint list at: <br />http://www.dms.myflorida.com/business operations/state_surchasing/vendor in_ formation/convic <br />ted suspended discriminatory complaints vendor lists <br />B. Notice of Conviction of Public Entity Crime. Any person must notify the Department of <br />Management Services and the Commission within 30 days after conviction of a public entity <br />crime applicable to that person or an affiliate of that person as defined in Section 287.133 F.S. <br />C. Certifications and Assurances. Upon execution of this Agreement by the Grantee, the Grantee <br />shall complete, sign and return to the Commission's Grant Manager a completed copy of the form <br />entitled "Certifications and Assurances," attached hereto and incorporated as Attachment B. This <br />includes the Certification Regarding Public Entity Crimes. <br />19. VENDORS ON SCRUTINIZED COMPANIES LIST. <br />A. Scrutinized Companies. If this Agreement is in the amount of one (1) million dollars or more, <br />in executing this Agreement, the Grantee certifies that it is not listed on either the Scrutinized <br />Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran <br />Petroleum Energy Sector List, created pursuant to Section 215.473, F S , and is not engaged in <br />business operations in Cuba or Syria. <br />B. False Certification - Termination. Pursuant to Subsection 287.135(3)(b), F.S., the Commission <br />may immediately terminate this Agreement for cause if the Grantee is found to have submitted a <br />false certification or if, during the term of the Agreement, the Grantee is placed on the Scrutinized <br />Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran <br />Petroleum Energy Sector List, or engages in business operations in Cuba or Syria <br />C. False Certification - Termination Notice. If the Commission determines that the Grantee has <br />submitted a false certification, the Commission will provide written notice to the Grantee Unless <br />the Grantee demonstrates in writing, within ninety (90) days of receipt of the notice, that the <br />Commission s determination of false certification was made in error the Commission shall bring <br />a civil action against the Grantee. If the Commission's determination is upheld, a civil penalty <br />equal to the greater of two million dollars ($2 million) or twice the amount of this Agreement <br />shall be imposed on the Grantee and the Grantee will be ineligible to bid on any agreement with <br />an agency or local governmental entity for three (3) years after the date of the Commission's <br />determination of false certification by the Grantee. <br />D. Cessation of Federal Authority. In the event that federal law ceases to authorize the states to <br />adopt and enforce the contracting prohibition identified in this paragraph, this provision shall be <br />null and void to the extent no longer authorized. <br />20. SPONSORSHIP. As required by Section 286.25, F.S., if the Grantee is a nongovernmental organization <br />which sponsors a program financed wholly or in part by state funds, including any funds obtained through <br />Ver. October 15, 2013 Page 10 of 19 <br />
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