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FWC Agreement No. 15120
<br /> entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
<br /> under a contract with any public entity; and may not transact business with any public entity."
<br /> Section 287.134(2)(a), F.S.
<br /> E. Prompt Disclosure of Litigation, Investigations,Arbitration, or Administrative Proceedings.
<br /> Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to
<br /> the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation,
<br /> investigations, arbitration, or administrative proceedings (Proceedings)relating to or affecting the
<br /> Grantee's ability to perform under this agreement. If the existence of such Proceeding causes the
<br /> Commission concern that the Grantee's ability or willingness to perform the Agreement is
<br /> jeopardized, the Grantee may be required to provide the Commission with reasonable assurances
<br /> to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its
<br /> terms and conditions; and,b.)Grantee and/or its employees or agents have not and will not engage
<br /> in conduct in performing services for the Commission which is similar in nature to the conduct
<br /> alleged in such Proceeding.
<br /> F. Certain Violations of Federal Criminal Law.If this agreement includes a Federal award,then in
<br /> accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Grantee must disclose,
<br /> in a timely manner, in writing to the Commission all violations of Federal criminal law involving
<br /> fraud, bribery, or gratuity violations potentially affecting the Federal award.
<br /> 17. INSURANCE.
<br /> The Grantee warrants and represents that it is insured, or self-insured for liability insurance, in accordance
<br /> with applicable state law and that such insurance or self-insurance offers protection applicable to the
<br /> Grantee's officers, employees, servants and agents while acting within the scope of their employment with
<br /> the Grantee.
<br /> 18. SPONSORSHIP. As required by Section 286.25, F.S., if any recipient, subrecipient, contractor or
<br /> subcontractor under this grant is a nongovernmental organization which sponsors a program financed
<br /> wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in
<br /> publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's
<br /> name)and the State of Florida,Fish and Wildlife Conservation Commission." If the sponsorship reference
<br /> is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall
<br /> appear in the same size letters or type as the.name of the Grantee's organization. Additional sponsorship
<br /> requirements may be specified in Attachment A, Scope of Work.
<br /> 19. PUBLIC RECORDS.
<br /> A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to
<br /> allow public access to all documents, papers, letters, or other material subject to the provisions of
<br /> Chapter 119,F S.,and made or received by the Grantee in conjunction with this Agreement,unless
<br /> exemption for such records is allowable under Florida law.
<br /> B. If the Grantee, or other recipient, subrecipient, contractor or subcontractor, meets the definition of
<br /> "Contractor" in Section 119.0701(1)(a),F.S., the Grantee shall comply with the following:
<br /> i. Keep and maintain public records that ordinarily and necessarily would be required by the
<br /> Commission in order to perform the service.
<br /> ii. Provide the public with access to public records on the same terms and conditions that the
<br /> Commission would provide the records and at a cost that does not exceed the cost provided
<br /> in Chapter 119, F.S. or as otherwise provided by law.
<br />'I GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 11 of 20
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