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HomeMy WebLinkAbout2014-042FWC Agreement No. 13127 LOH -oy2 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT NO. 13127 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 Indian River County Board of County Commissioners, FEID # 59-60000674, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter ' Grantee." WHEREAS, the Commission and Grantee have partnered together to construct a marine artificial reef complex consisting of a total of a minimum of 800 tons of clean concrete materials to create two new patch reef locations (400 tons each) within the Indian River County Site 2 permitted artificial reef site in federal waters of the Atlantic Ocean off Indian River County located 10 nm from Sebastian Inlet on a bearing of 68 degrees at a depth of 70 feet; and, WHEREAS, Grantee has been awarded a grant entitled "Indian River County Artificial Reef Construction 2013-14", Grant number FWC-13127 ; and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare NOW THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: 1. PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work). The Scope of Work 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 Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee s response is hereby incorporated by reference. Ver. October 15, 2013 Page 1 of 19 CFDA No(s).: 15.605 i CFDA Title(s): Federal Aid in Sport Fish Restoration Program Name of Federal Agency(s): U.S. Fish and Wildlife Service Federal Award No(s): FL-F-F13AF01224 (F-42-28) Federal Award Year(s): 2013 - 2014 Federal Award Name(s): Marine Artificial Reef Planning, Development, Administration, and Assessment in Florida: A Cooperative State/Local Government Effort (F-42) CSFA Title(s).: Florida Artificial Reef Program CSFA No(s).: 77-007 State Award No(s).: FWC-13127 State Award Year(s): 2013 - 2014 State Award Name(s): Indian River County Artificial Reef Construction 2013-14 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 Indian River County Board of County Commissioners, FEID # 59-60000674, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter ' Grantee." WHEREAS, the Commission and Grantee have partnered together to construct a marine artificial reef complex consisting of a total of a minimum of 800 tons of clean concrete materials to create two new patch reef locations (400 tons each) within the Indian River County Site 2 permitted artificial reef site in federal waters of the Atlantic Ocean off Indian River County located 10 nm from Sebastian Inlet on a bearing of 68 degrees at a depth of 70 feet; and, WHEREAS, Grantee has been awarded a grant entitled "Indian River County Artificial Reef Construction 2013-14", Grant number FWC-13127 ; and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare NOW THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: 1. PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work). The Scope of Work 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 Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee s response is hereby incorporated by reference. Ver. October 15, 2013 Page 1 of 19 FWC Agreement No. 13127 2. PERFORMANCE. The Grantee shall perform the activities described in the Scope of Work in a proper and satisfactory manner Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Grantee. Grantee shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall be licensed as necessary to perform under this Agreement as may be required by law rule, or regulation; the Grantee shall provide evidence of such compliance to the Commission upon request. The Grantee 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 Grantee 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 Grantee. Grantee 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 pursuant to Paragraph nine (9) below, in the event Grantee's ability to perform under this Agreement becomes compromised. 3. AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is made pursuant to a grant award and shall be effective upon execution by the last Party to sign, and shall remain in effect through 08/31%2014. However, as authorized by Rule 68-1.003, F.A.C., 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. Agreements executed under this grant award shall not precede a start date of 03/03/20`14. 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 Grantee The Grantee 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. 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered 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 $53,091. B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks identified in Attachment A, Scope of Work 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 identified in Paragraph eleven (11), below Unless otherwise specified in the Scope of Work, 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 the Scope of Work 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 Ver. October 15, 2013 Page 2 of 19 FWC Agreement No. 13127 reimburse the Grantee for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's Federal Employer Identification (FEED) Number. Invoices may be submitted electronically. 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. Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A, Scope of Work. E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be reimbursed in accordance with Section 112.061, F.S. F. 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 ' 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 Grantee in writing at the earliest possible time if funds are not appropriated or available. G. Non -Competitive Procurement and Rate of Payment Section 216.3475, F.S., requires that under non-competitive procurements, a Grantee 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, Grantee 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. 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, or the Scope of Work 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 vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency Electronic Funds Transfer Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, withinthirty (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: http://www.fldfs.com/aadit/direct_deposit_webNendors.htm Ver. October 15, 2013 Page 3 of 19 FWC Agreement No. 13127 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. 5. CERTIFICATIONS AND ASSURANCES. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission's Grant Manager a completed copy of the form entitled "Certifications and Assurances," attached hereto and incorporated as Attachment B. This includes: Debarment and Suspension Certification; Certification Against Lobbying; Certification Regarding Public Entity Crimes, and Certification Regarding the Scrutinized Companies List (applicable to agreements in excess of $1 million); Attachment B, incorporated and made part of this Agreement. 6. RETURN OR RECOUPMENT OF FUNDS. A. Overpayment to Grantee. Pursuant to Section 215.971(1)(e)&(f), F.S., the Grantee shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Grantee by the Commission. In the event that the Grantee or its independent auditor discovers that overpayment has been made the Grantee shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. hi the event that the Commission first discovers an overpayment has been made, the Commission will notify the Grantee in writing Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager, and made payable to the ' The Florida Fish and Wildlife Conservation Commission." B. Additional Costs or Monetary Loss Resulting from Grantee Non -Compliance. If the Grantee's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida, the Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement or any other agreement between Grantee and the Commission. In the event that the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Grantee and the Commission, the Grantee 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 Grantee is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. 7. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. 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. The Grantee acknowledges that Property being improved is titled to the State of Florida, belongs to the State of Florida, and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder Ver. October 15, 2013 Page 4 of 19 t FWC Agreement No. 13127 8. MONITORING. The Commission's Grant Manager shall actively monitor the Grantee'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 monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. TERMINATION. A. Commission Unilateral Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. 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 Grantee with written notice of termination. C. Termination - Other. The Commission may terminate this Agreement if the Grantee 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. Rule 60A-1.006(3), F.A.C., 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. The Grantee shall not be entitled to recover any cancellation charges or lost profits D. Funds Availability. 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 Grantee. 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 Grantee will be compensated for any work satisfactorily completed prior to notification of termination. E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all 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. 10. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a)&(b), F.S., Attachment A, Scope of Work 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 Grantee fails to produce each deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable may be deducted from the Grantee s payment. In addition, pursuant to Section 215.971(1)(c) the Ver. October 15, 2013 Page 5 of 19 FWC Agreement No. 13127 Commission shall apply any additional financial consequences, such as liquidated damages, identified in the Scope of Work. B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Agreement. 11. 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 fax numbers, 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. A designation of a new Grant Manager shall not require a formal amendment to the Agreement. FOR THE COMMISSION: Grant Manager Keith Mille Environmental Specialist III Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, FL 32301 Phone: (850) 617-9633 Fax: (850) 487-4847 keith mille@juno.com 12. AMENDMENT. FOR THE GRANTEE: Grant Manager James Gray County Coastal Engineer Indian River County 1801 27th Street, Building A Vero Beach, FL 32960 Phone: (772) 226-1344 Far (772) 778-9391 lgray@ircgov.com A. Waiver or Modification. 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 Grantee'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 Regulation. 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. 13. INTELLECTUAL PROPERTY RIGHTS. A. Grantee's Preexisting Intellectual Property Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual property rights to the Grantee's preexisting property will remain with the Grantee. The Grantee shall indemnify and hold harmless the Commission and its employees from any liability, including costs, expenses and attorney's fees, for or on account of any copyrighted, patented, or un -patented invention process or article manufactured or supplied by the Grantee B. Proceeds Related to Intellectual Property Rights Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual property right created or otherwise Ver. October 15, 2013 Page 6 of 19 • FWC Agreement No. 13127 developed by the Grantee under this Agreement for the Commission shall be handled in the manner specified by the applicable state statute and/or federal program requirements C. 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. 14. RELATIONSHIP OF THE PARTIES. A. Independent Grantee. The Grantee shall perform as an independent Grantee 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. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Grantee and the Commission. B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. C. Commission Security All employees, 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 Grantee shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's security or other requirements. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement The Commission may reject and bar from any facility for cause any of Grantee's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Grantee 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 Grantee. E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the Commission in all such cases. 15. SUBCONTRACTS. A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. Grantee shall ensure, and provide assurances to the Commission upon request that any subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of Ver. October 15, 2013 Page 7 of 19 FWC Agreement No. 13127 this Agreement. The Grantee must provide the Commission with the names of any subcontractor considered for work under this Agreement; the Commission reserves the right to reject any subcontractor. The Grantee agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Grantee further agrees that the Commission shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The Grantee, at its expense, will defend the Grantor against such claims. The following provisions apply, in addition to any terms and conditions included in Attachment A, Scope of Work. B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, the Grantee agrees to make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the Grantee in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the Grantee and subcontractor. Grantee's failure to pay its subcontractors within seven (7) working days will result in a penalty charged against the Grantee and paid to the subcontractor in the amount of one-half of one (1) percent 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 (15) percent of the outstanding balance due C. Commission Right to Reject Subcontractor Employees. The Commission shall retain the right to reject any of the Grantee's or subcontractor's employees whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor as Independent Contractor. The Grantee agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 16. MANDATORY DISCLOSURE. A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S. Grantee shall disclose the name of any officer director, employee, or other agent who is also an employee of the State of Florida. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Grantee or its affiliates. B. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to the Commission's Agreement Manager, upon occurrence, all civil or criminal litigation investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting. the Grantee's ability to perform under this agreement If the existence of such Proceeding causes the Commission concern that the Grantee's ability or willingness to perform the Agreement is jeopardized, the Grantee may be required to provide the Commission with reasonable assurances to demonstrate that: a ) the Grantee will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Grantee and/or its employees agents or subcontractor(s) have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. 17. INSURANCE. Ver. October 15, 2013 Page 8 of 19 FWC Agreement No. 13127 A. Reasonably Associated Insurance. During the term of the Agreement, the Grantee, 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 Grantee, and failure to maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee'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 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, with minimum employers' liability limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall cover all employees engaged in any contract work. 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 (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 Grantee shall provide, and cause each subcontractor to provide adequate insurance satisfactory to the Grantee, 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 the Grantee is a state agency or subdivision as defined by Section 768.28(2), F.S., or unless otherwise provided for in the Scope of Work, the Grantee 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 Grantee shall maintain any other types and forms of insurance required for the performance of this Agreement as required in Attachment A, Scope of Work E. Written Verification of Insurance. Upon execution of this Agreement, the Grantee shall provide the Commission written verification of the existence and amount for each type of applicable insurance coverage. Within thirty (30) days of the effective date of the Agreement, the Grantee shall furnish the Commission's Grant Manager proof of applicable insurance coverage 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 the Grantee 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 the Grantee providing such insurance. 18. PUBLIC ENTITY CRIMES. Ver. October 15, 2013 Page 9 of 19 FWC Agreement No. 13127 A. 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 Grantee, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties as well as the vendor complaint list at: http://www.dms.myflorida.com/business operations/state_surchasing/vendor in_ formation/convic ted suspended discriminatory complaints vendor lists B. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission within 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. C. Certifications and Assurances. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission's Grant Manager a completed copy of the form entitled "Certifications and Assurances," attached hereto and incorporated as Attachment B. This includes the Certification Regarding Public Entity Crimes. 19. VENDORS ON SCRUTINIZED COMPANIES LIST. A. Scrutinized Companies. If this Agreement is in the amount of one (1) million dollars or more, in executing this Agreement, the Grantee certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, F S , and is not engaged in business operations in Cuba or Syria. B. False Certification - Termination. Pursuant to Subsection 287.135(3)(b), F.S., the Commission may immediately terminate this Agreement for cause if the Grantee is found to have submitted a false certification or if, during the term of the Agreement, the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engages in business operations in Cuba or Syria C. False Certification - Termination Notice. If the Commission determines that the Grantee has submitted a false certification, the Commission will provide written notice to the Grantee Unless the Grantee demonstrates in writing, within ninety (90) days of receipt of the notice, that the Commission s determination of false certification was made in error the Commission shall bring a civil action against the Grantee. If the Commission's determination is upheld, a civil penalty equal to the greater of two million dollars ($2 million) or twice the amount of this Agreement shall be imposed on the Grantee and the Grantee will be ineligible to bid on any agreement with an agency or local governmental entity for three (3) years after the date of the Commission's determination of false certification by the Grantee. D. Cessation of Federal Authority. In the event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition identified in this paragraph, this provision shall be null and void to the extent no longer authorized. 20. SPONSORSHIP. As required by Section 286.25, F.S., if the Grantee is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through Ver. October 15, 2013 Page 10 of 19 FWC Agreement No. 13127 this Agreement, it shall, in publicizing advertising, or describing the sponsorship of the program, state: Sponsored by (Grantee'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 Grantee's organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work. 21. PUBLIC RECORDS. A. 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 F S , and made or received by the Grantee in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. B. Pursuant to Section 119.0701, F.S., the Grantee shall comply with the following• i. Keep and maintain public records that ordinarily and necessarily would be required by the Commission in order to perform the service. ii. Provide the public with access to public records on the same terms and conditions that the Commission would provide the records and at a cost that does not exceed the cost provided in Chapter 119 F.S or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. iv. Meet all requirements for retaining public records and transfer, at no cost, to the Commission all public records in possession of the Grantee upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the Commission; 22. SECURITY AND CONFIDENTIALITY. The Grantee shall maintain the security of any information created under this Agreement that is identified or defined as "confidential in Attachment A, Scope of Work. The Grantee shall not divulge to third Parties any confidential information obtained by the Grantee or its agents, distributors, resellers subcontractors officers or employees in the course of performing Agreement work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its personnel, agents, and subcontractors The warranties of this paragraph shall survive the Agreement. 23. RECORD KEEPING REQUIREMENTS. A. Grantee Responsibilities. 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. B. State Access to Grantee Books, Documents, Papers, and Records The Grantee 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 Grantee'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. Grantee Records Retention. Unless otherwise specified in Attachment A, Scope of Work, these records shall be maintained for five (5) years following the close of this Agreement. The Grantee Ver. October 15, 2013 Page 11 of 19 FWC Agreement No. 13127 shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Grantee Responsibility to Include Records Requirements - Subcontractors. In the event any work is subcontracted'under this Agreement, the Grantee 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 information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending gov Grant recipients awarded a new Federal grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement for the Commission to comply with this requirement. 24. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee 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 Circular A-133, the Grantee may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Grantee shall comply with the audit requirements outlined in Attachment C, "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 25. NON -EXPENDABLE PROPERTY. A. 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 nonexpendable nature, with a value or cost of $1,000 or more, and a normal expected life of one year or more; hardback -covered bound books that are circulated to students or the general public, with a value or cost of $25 or more; and uncirculated hardback -covered bound books, with a value or cost of $250 or more). B. 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, Scope of Work. 26. FEDERAL FUNDS. This Contract relies on federal funds, therefore, the following terms and conditions apply: A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. The Grantee shall be responsible for complying with all federal grant requirements as provided in its grant, a copy of which is attached hereto and made a part hereof as Attachment D. It is understood and agreed that the Grantee 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. Ver. October 15, 2013 Page 12 of 19 FWC Agreement No. 13127 • B. . Compliance with Federal Laws, Rules and Regulations. As applicable, the Grantee shall comply with all federal laws, rules, and regulations, including but not limited to: • 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 Chapter 60). • The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). • Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction agreements awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other agreements which involve the employment of mechanics or laborers) • All applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U S.C. 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR part 15). • 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). C. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall comply with the following Office of Management and Budget Circulars* • A-21 (2 CFR 220), Cost principles for Educational Institutions • A-87 (2 CFR 225), Cost Principles for State, Local, and Indian Tribal Governments • A-122 (2 CFR 230) Cost Principles for Non -Profit Organizations • A-133, Audit of States, Local Governments, and Non -Profit Organizations • A-102, Grants and Cooperative Agreements with State and Local Governments • A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Learning, Hospitals, and Other Non -Profit Organizations Certifications and Assurances — Drug -Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, and its implementing regulations codified at 29 CFR Part 94, the Grantee will provide a drug-free workplace Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, "Certifications and Assurances. ' This includes the Drug -Free Workplace Requirement Certification. E. Trafficking Victims Protection Act of 2000. This federal award is subject to the Trafficking Victims Protection Act of 2000, as amended (22 U.S.0 7104(g), 2 CFR 175 15). As such, the awarding federal agency may unilaterally terminate this award without penalty for violations of this Act. If the Grantee is a private entity, the following provision applies to the federal award* You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not- a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards under the award 27. DEBARMENT AND SUSPENSION. A. Grantee Federal Certification. In accordance with Executive Order 12549, Debarment and Suspension, the Grantee shall agree and certify that neither it, nor its principals, is presently Ver. October 15, 2013 Page 13 of 19 FWC Agreement No. 13127 debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier agreement, or other covered transaction with a person who is similarly debarred or suspended from participating in this covered transaction. B. Grantee Commission Certification. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, Certifications and Assurances This includes the Certification Regarding Debarment, Suspension, and Other Responsibility Matters 28. PROHIBITION AGAINST LOBBYING. A. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal appropriated funds have been paid or will be paid on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal agreement, grant, or cooperative agreement If any non-federal funds are used for lobbying activities as described above in connection with this Agreement, the Grantee shall submit Standard Form -LLL "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. B. Grantee — Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. C. Prohibition against Using Agreement Funds for the Purpose of Lobbying. In accordance with Section 216.347, F.S., 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 Upon request of the Commission's Inspector General, or other authorized State official the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. • D. Grantee's Completion of Certifications and Assurances. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B "Certifications and Assurances." This includes the Certification Regarding Lobbying 29. 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 Agreement 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, under this contract shall be purchased from [PRIDE] In the same manner and under the same procedures set Ver. October 15, 2013 Page 14 of 19 FWC Agreement No. 13127 forth in subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at http://www pride- enterprises.org. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S. if'a product or service required for the performance of this Agreement 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, under 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 agreement, 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. The Grantee agrees to procure any recycled products or materials which are the subject of or are required to carry out this Agreement in accordance with Section 403.7065, F.S 30. 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. The Grantee shall comply with Section 287.05805, F.S This section requires the Grantee 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, Scope of Work. 31. PROFESSIONAL SERVICES. A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering landscape architectural, or surveying and mapping services, and is therefore subject to Section 287.055, F.S., the following provision applies: The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this contract and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or Ver. October 15, 2013 Page 15 of 19 FWC Agreement No. 13127 professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this contract. B. Termination for Breach. For the breach or violation of this provision, the Commission shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission percentage, gift, or consideration. 32. INDEMNIFICATION. If the Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), F S., pursuant to Subsection 768 28(19), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence If the Grantee is not a state agency or subdivision as defined above, the Grantee shall be fully liable for the actions of its agents, employees, partners or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by the Grantee, its agents, employees, partners, or subcontractors, provided, however, that the Grantee 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. 33. NON-DISCRIMINATION. A. Non -Discrimination in Performance. 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. B. Discriminatory Vendor List. In accordance with Section 287.134, 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. The Grantee has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. 34. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. 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, to the exclusion of all other lawful venues 35. 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. 36. 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 Grantee of quantum meruit. Ver. October 15, 2013 Page 16 of 19 • FWC Agreement No. 13127 37. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with federal 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. 38. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). A. Requirement to Use E -Verify. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly require the Grantee 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 Grantee during the contract term, and, 2.) include in all subcontracts under this Agreement, 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 Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and elections of federal contractors however, may vary as stated in Article II.D.1 c of the MOU. There is no charge to employers to use E -Verify. The Department of Homeland Security's E - Verify system can be found online at http://www.dhs.gov/files/programs/gc_1185221678150.shtm Enrollment in E -Verify. If the Grantee does not have an E -Verify MOU in effect, the Grantee must enroll in the E -Verify system prior to hiring any new employee after the effective date of this Agreement. D. E -Verify Recordkeeping. 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). E. Employment Ehgibility Verification. 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. 39. 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 the Grantee believes is excusable under this paragraph, Grantee shall notify the Commission's Grant Manager in writing of the Ver. October 15, 2013 Page 17 of 19 FWC Agreement No. 13127 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 the Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE 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 the Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. The Grantee 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, the Grantee 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 the Grantee, provided that the Grantee 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 the Grantee 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 40. 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 the Grantee's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in Attachment A, Scope of Work. 41. 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 Grantee's response to the solicitation. Ver. October 15,,2013 Page 18 of 19 FWC Agreement No. 13127 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. INDIAN RIVER COUNTY BOARD OF COUNTY FLORIDA FISH AND WILDLIFE COMMISSIONERS CONSERVATION COMMISSION ATTEST: Jeffrey R. Smith, Clerk o And Comptrt• er >> Aide:• 1"' 4. ;\"c -Pate: • • #;*. 4.4;1:4RNER��J�, f Court Approved as t (Seal) Deputy Clerk Name. Date: Attachments in this Agreement include the following: Attachment Attachment Attachment Attachment Attachment Attachment Attachment A B C D E F G relesed q ntAti- o form and legality by FWC Attorney: Scope of Work Certifications and Assurances Requirements of the Federal and Florida Single Audit Acts Federal Aid Compliance Requirements Cost Reimbursement Contract Payment Requirements Certification Regarding Debarment/Suspension for Subcontractors Certification of Completion ao Joseph A. Baird • ty AminAstrratorr APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLO COUNTY ATTORNEY Ver. October 15, 2013 Page 19 of 19 Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 1. DESCRIPTION OF GOODS / SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOODS / SERVICES The objective of this activity is to construct a marine artificial reef by deploying at least 800 tons of concrete railroad ties, concrete culverts, and/or other concrete modular construction materials divided among two patch reefs within the Indian River County Reef Site 2 permitted area. Each of the two patch reefs will consist of concrete materials placed as a single pile (400 tons each) located about 200 feet apart from each other. The Reef Site 2 permitted area is a square permitted zone measuring one square nautical mile encompassing 745.7 acres, in federal waters off Indian River County. This site is permitted to Indian River County by the U.S. Department of the Army, Corps of Engineers Permit Number 2004-04393 (SP -TSD), which is valid until November 10, 2021. The permitted site center is located approximately 10 nautical miles on a bearing of 68° from St. Lucie Inlet. The permitted site center is located at coordinates 27° 55.507' N and 80° 15 507 W. The proposed patch reefs will be located within the northeast quadrant of the permitted area, at coordinates 27° 56.018' N and 80° 15.009' W at a depth of 70 feet. • The artificial reef construction activity to be funded consists of the following elements: MATERIALS 1. Artificial reef materials must consist of a total of at least 800 tons of concrete railroad ties, concrete culverts, and/or other concrete modular construction materials. acceptable to the COMMISSION. All artificial reef materials shall be clean and free from asphalt, creosote, petroleum, or other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. 2. For each barge load of artificial reef materials, the GRANTEE shall inventory all of the artificial materials, calculate the tonnage (either using before and after barge draft calculations, trucking receipts or the known weights of individual pieces or reef modules), and take a representative photograph of the artificial reef material on the barge or other deployment vessel immediately prior to deployment. 3. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the artificial reef materials before, during and after the deployment. LOADING AND TRANSPORTATION 4. Artificial reef materials will be loaded using a suitable means of conveyance for transportation to a staging area site and loading onto a barge or other suitable vessel for offshore transportation to the designated artifificial reef site. Offshore transportation shall be provided by a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured in • Version 1.0 — June 2013 Attachment A, Page 1 of 12 1 Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 compliance with Coast Guard standards to allow for its safe transport to the reef construction site. 5. The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the vessel at all times during transport of materials, pursuant to Chapter 379.249, Florida Statutes. The form is available on the COMMISSION's website: http://www.myfwc corn/conservation/saltwater/artificial-reefs. DEPLOYMENT AND MATERIALS PLACEMENT • 6. During the deployment of the artificial reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+/-50 feet) to ensure accurate placement of the concrete patch reef on the bottom. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. Either the Commission's observer, the GRANTEE s observer or the subcontractor's vessel captain reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. 7. At least 800 tons of concrete railroad ties, concrete culverts, and/or other concrete modular construction materials will be divided among two patch reefs within the Indian River County Reef Site 2 permitted area Each of the two patch reefs will consist of concrete materials placed as a single pile (400 tons each) located about 200 feet apart from each other within the northeast quadrant of the permitted area, at coordinates 27° 56.018' N and 80° 15.009' W at a depth of 70 feet. 8. The minimum vertical clearance of 40 ft. shall be maintained above the highest point of the reef material in the Indian River Site 2 Artificial Reef Site (in accordance with the special conditions of the US Army Corps of Engineers permit number SAJ-2004- 04393 (SP -TSD)). 9. The GRANTEE's Contract Manager or GRANTEE's designated official observer shall oversee the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the artificial reef materials. The markers shall be buoys of sufficient size and color to be clearly visible to the tug captain, and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the Version 1.0 — June 2013 Attachment A, Page 2 of 12 Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef FWC Agreement No. 13127 Construction 2013-2014 permit area as described above. Precise GPS placement of marker buoys that do not shift position with time are important to insure the reef is constructed within the permitted area 10. The GRANTEE's Project Manager or GRANTEE's designated official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed. 11. Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the corner coordinates of the reef site will also be in possession of the GRANTEE's observer and the subcontractor when .on site. The GRANTEE's observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments are taking place. The GRANTEE shall be responsible for insuring that all permit condition terms are complied with. ALLOWABLE EXPENDITURES ASSOCIATED WITH 1'HE, REEF PROJECT 12. Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E -9.004(1)(a), F.A.C. No more than $5,000 or 10% (whichever is less) of project funds granted under the program may be expended for `engineering services'. Any funds required in excess of this amount must be provided by the applicant. See Chapter 68E -9.004(1)(a), F.A.C. for the complete list of eligible activities. 13 If the GRANTEE chooses to conduct a post -deployment SCUBA assessment at the deployment location(s) (this is not required, but is an eligible activity for reimbursement under Chapter 68E -9.004(1)(a), F.A.C.), in order to be eligible for reimbursement, work must be completed prior to the grant expiration date and the following items, at a minimum, must be included: a. Methods: Name and type of vessel, anchored or live boated, type of GPS unit(s), divers, survey methods* b. Conditions: Cloud cover wind speed and direction, sea conditions, visibility,. water temperature, currents; c. Chronology. Dive plan, start and end of each dive, dive profile, maximum depth, dive time, distance and bearing searched; d. Coordinates: Describe the GPS unit(s) used to navigate to the site (model number). Describe whether differential or WAAS coordinates were recorded Compare the dive locations to deployment location numbers. How well do they match the published numbers? e. Physical observations: Describe the number and size of material observed. What is the proximity of concrete pieces or modules to each other? What percent material was damaged or partially damaged? . What is the maximum and minimum relief of the site? How do these observations compare to the Material Placement Report Form information submittal? Version 1.0 — June 2013 Attachment A, Page 3 of 12 Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef FWC Agreement No. 13127 Construction 2013-2014 f. Footprint area: Measure the approximate total area covered by each patch reef through standard in situ survey practices. g. Biological observations: Descnbe any fish observed, or other general biological observations. h. Video and photographs: Provide representative still and/or video footage of each deployment location (digital format preferred when available). LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 14. Upon initiation of the handling and -movement of these artificial reef materials by the GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. B. BACKGROUND Chapter 379.249 Florida Statutes creates the Florida Artificial Reef Program to enhance saltwater opportunities and to promote proper management of fisheries resources associated with artificial reefs for the public interest Under the program, the COMMISSION may provide grants and financial and technical assistance to coastal local governments, state universities, and nonprofit corporations qualified under s. 501(c)(3) of the Internal Revenue Code for the siting and development of artificial reefs as well as for monitoring and evaluating such reefs and their recreational, economic, and biological effectiveness. Chapter 68E-9 Florida Administrative Code defines the procedures for submitting an application for financial assistance and criteria for allocating available funds. The purpose of this rule is to govern the development of state and federally funded artificial reefs, the review and ranking of project applications eligible for funding, and the administration of funds from the Florida. Artificial Reef Program. This artificial reef construction project was selected for funding by the COMMISSION. based upon ranking of competitive applications submitted to the Artificial Reef Program pursuant to the criteria for allocating funds described in Chapter 68E-9, Florida Administrative Code. C. SUPPORT OF COMMISSION MISSION Construction of this artificial reef will augment marine hard bottom habitat with well-planned stable and durable artificial reefs for purposes of providing near shore reef fish habitat offshore recreational fishing and diving opportunities reduced pressure on natural reef and hard bottom sites, and reduced user conflicts by providing additional recreational fishing and diving site locations off of Indian River County in the Atlantic Ocean. The proposed Version 1.0 — June 2013 Attachment A, Page 4 of 12 Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef FWC Agreement No. 13127 Construction 2013-2014 artificial reefs will make fisheries resources available for the long term benefit of local Florida residents and visitors. D. DEFINITIONS The terms and abbreviations used herein shall have the meanings as defined below. i. "Artificial reef" means one or more manufactured or natural objects intentionally placed on the bottom in predominantly marine waters to provide conditions believed to be favorable in sustaining, or enhancing the spawning, breeding, feeding, or growth to maturity of Florida's managed reef associated fish species as well as to increase the productivity of other reef community resources which support fisheries. Included in this definition are artificial reefs developed with one or more of the following additional objectives: enhancement of fishing and diving opportunities, fisheries research, and fisheries conservation/preservation purposes. ii. "Permitted area" means an area with discrete boundaries inside of which one or more artificial reefs may be located and for which all required permits and authorizations have been obtained. These permits and authorizations include. artificial reef permits issued by the Florida Department of Environmental Protection and/or the Army Corps of Engineers and other permits, licenses, or authorizations required by any governing body. iii. "Staging area" means a land-based holding area for artificial reef material where such material is stored and prepared for transportation to an approved artificial reef site. 2. DELIVERABLES A. Deliverable #1 (Artificial Reef Construction) Construction of a marine artificial reef by deploying at least 800 tons of concrete railroad ties, concrete culverts, and/or other concrete modular construction materials divided among two patch reefs within the Indian River County Reef Site 2 permitted area Each of the two patch reefs will consist of concrete materials placed as a single pile (400 tons each) located about 200 feet apart from each other. The proposed patch reefs will be located within the northeast quadrant of the permitted area, in the vicinity of coordinates 27° 56.018' N and 80° 15.009' W at a depth of 70 feet. i. Minimum Level of Performance The artificial reef must be deployed within the boundaries of the permitted area and in compliance with all the applicable permits and authorizations associated with the permitted area At a minimum, a total of at least 800 tons of clean concrete artificial Version 1.0 — June 2013 Attachment A, Page 5 of 12 • Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef I FWC Agreement No, Construction 2013-2014 J 13127 reef material must be deployed in accordance with the specifications in this Agreement. 11 Documentation / Criteria Used as Evidence of Performance 1. A Materials Placement Report shall be submitted to the COMMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report form is available on the COMMISSION's website at http://www.myfwc.com/conservation/saltwater/artificial-reefs/. The Matenals Placement Report must have a certification signature and reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of concrete units cannot be obtained or are not known, barge displacement measurements are required. The GRANTEE s Project Manager or GRANTEE's designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) corners to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the GRANTEE's Project Manager or GRANTEE's designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. 2. A final field report providing the designated observer's narrative, for each day of the reef deployment operations is required prior to reimbursement. The field report shall include a written chronology and narrative describing the deployment, and a performance evaluation of the marine subcontractors who performed the work. The final field report should include photos of the material and loaded barge prior to each deployment and, if available, underwater photographs and video footage (surface and/or underwater). iii. Timeline for Completion All artificial reef construction must be completed by August 21, 2014. A one-time modification for an extension of up to ten (10) days (through the Agreement end date of August 31, 2014) may be authorized in writing by the COMMISSION's Contract Manager under the following conditions: a) documented hazardous weather and sea conditions do not allow for the safe deployment of reef materials offshore or, b) unanticipated documented equipment malfunction on the transport vessel or Version 1.0 — June 2013 Attachment A, Page 6 of 12 Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 accompanying tug or at the shore -side loading area results in an unexpected short term delay. In both situations a) and b), the reef material must either be at the staging area ready for immediate loading on the transport vessel or already loaded and ready for transport and deployment as of August 21, 2014. Advance planning that avoids dependence on a favorable weather window during the final days of the project is strongly encouraged. All request for bid packages from the GRANTEE to subcontractors must include language that specifies a completion date that ensures all materials will be in the water by August 21, 2014. Subcontracts with completion dates even earlier than August 21, 2014 to provide an additional buffer are strongly encouraged. 3. FINANCIAL CONSEQUENCES A. If the GRANTEE fails to complete construction within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable will be deducted from the Grantee s payment. B. The GRANTEE will not be eligible for reimbursement until all reports have been provided to the satisfaction of the COMMISSION documenting that all work has been completed in accordance with the Scope of Work, and in compliance with all permit conditions. 4. PERFORMANCE A. Written or electronically transmitted progress reports must be sent to the COMMISSION's Contract Manager at no less than 60 day intervals beginning from the date of execution of this agreement. B . The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days. notice for any artificial reef construction that occurs as a result of this Agreement. C. The GRANTEE agrees to follow all provisions of Section 379.249, Florida Statutes and Chapter 68E-9, Florida Administrative Code during the term of this Agreement. D . The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. E . This Agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program, CFDA No. 15.605. Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in the grant, a copy of which is attached hereto and made a part hereof as Attachment D It is understood and agreed that the GRANTEE is not authorized to expend Version 1.0 — June 2013 Attachment A, Page 7 of 12 Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U.S. Fish and Wildlife Service. F. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. G. The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement H. The GRANTEE shall be required to provide a minimum matching contribution of $9,000 of the total project costs in support of the COMIVIISSION's grant from the U.S. Fish and Wildlife Service. I. The COMMISSION shall make payment to the GRANTEE for an amount of the total project eligible cost less the $9,000 match, not to exceed $53,091 of approved invoiced costs The $9 000 of invoice costs not reimbursed by the COMMISSION shall represent the GRANTEE's matching contribution as required by the COMMISSION's grant from the U.S. Fish and Wildlife Service. 5. COMPENSATION AND PAYMENT • A. COST REIMBURSEMENT The GRANTEE shall be compensated for a maximum of $53,091 on a cost reimbursement basis in accordance with the Cost Reimbursement Contract Payment Requirements as shown in the Department of Financial Services, "Reference Guide for State Expenditures' 'publication The cost reimbursement requirements section of the Reference Guide is attached hereto and made a part hereof as Attachment E. The GRANTEE shall provide a minimum matching contribution of $9,000. B INVOICE SCHEDULE A single final invoice may be submitted after completion of the deliverable and must be received by the COMMISSION no later than October 15, 2014 to assure availability of funds for payment. A timely reimbursement request following completion of actual field operations is strongly encouraged. C. TRAVEL EXPENSES No travel expenses are authorized under the terms of this Agreement. D. FORMS AND DOCUMENTATION Version 1.0 — June 2013 Attachment A, Page 8 of 12 Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 1. The GRANTEE shall submit a completed Materials Placement Report form along with the invoice and request for payment. The Materials Placement Report form is available on the COMMISSION's website at: www.myfwc.com/conservation/saltwater/artificial-reefs. 6. MONITORING SCHEDULE A. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the artificial reef materials,' staging area and construction site before, during, and after the deployment. B. No additional monitoring activities have been identified at this time, however, additional tasks may be identified during the pendency of this agreement. 7 INTELLECTUAL PROPERTY RIGHTS See Agreement for applicable terms and conditions related to the intellectual property rights SUBCONTRACTS • A. The GRANTEE agrees to follow all requirements of Section 287.057 Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of three written quotes for any subcontracts required for Agreements in the amount of $35,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $35,000. B. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph A. C. The GRANTEE shall submit bid specifications to the COMMISSION 's Contract Manager for approval within ninety (90) days following the execution date of this Agreement. D. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. E. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. F. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement G. Subcontracts for offshore transport and placement of artificial reef material shall be prepared such that upon initiation of the handling and movement of these artificial reef materials by the - Version 1.0 — June 2013 Attachment A, Page 9 of 12 Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 GRANTEE's subcontractor all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of nsk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. H. A copy of this Agreement should be provided to all subcontractors and incorporated by reference in all subcontracts. The GRANTEE shall require all subcontractors to comply with all applicable provisions of this Agreement.. I. Any subcontract arrangements must be evidenced by a written document available to the COMMISSION upon request. 9. INSURANCE See Agreement for applicable terms and conditions related to insurance. 10. SECURITY AND CONFIDENTIALITY See Agreement for applicable terms and conditions related to security and confidentiality. 11. RECORD KEEPING REQUIREMENTS See Agreement for applicable terms and conditions related to record keeping requirements. 12. NON -EXPENDABLE PROPERTY 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. 13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY This Section is not applicable and intentionally left blank 14. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS A. DRUG-FREE WORKPLACE Pursuant to Section 440.102(15), F S , any construction contractor regulated under Parts I and II of Chapter 489, F.S., who contracts to perform construction work under a state contract shall implement a drug-free workplace. B. CONTRACTOR ELIGIBILITY Version 1.0 — June 2013 Attachment A, Page 10 of 12 Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 1. The GRANTEE's subcontractors shall be certified by the Division of Construction Industry Licensing Board of the Florida Department of Business and Professional Regulation for the duration of this Contract, and shall provide evidence of such certification to the COMMISSION upon request. 2. In accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall agree andcertify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency and, that the GRANTEE shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the COMMISSION by the federal agency issuing the grant award Upon execution of subcontracts funded by this Agreement, the GRANTEE shall require subcontractors to complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment F. As required by sentences 1 and 2 above, the GRANTEE shall include the language of this section, and Attachment F in all subcontracts or lower tier agreements executed to support the GRANTEE s work under this Agreement. C. PAYMENT BOND This Section is not applicable and intentionally left blank D. PERFORMANCE BOND This Section is not applicable and intentionally left blank E. CERTIFICATE OF CONTRACT COMPLETION The Grantee will be required to complete a Certificate of Completion form (Attachment G) when all work has been completed and accepted. This form must be submitted to the COMMISSION s Contract Manager with .the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. F. CERTIFICATE OF PARTIAL PAYMENT This Section is not applicable and intentionally left blank. G. GRANTEE PAYMENTS TO SUBCONTRACTOR Version 1.0 — June 2013 Attachment A, Page 11 of 12 Attachment A — SCOPE OF WORK Project Name. Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 Grant Agreement No. 13127, Section 15, B, "Grantee Payments to Subcontractor" is hereby amended to read as follows: If subcontracting is permitted pursuant to Paragraph A, above, the Grantee agrees to make payments to the subcontractor within thirty (30) working days after receipt of full or partial payments from the Grantee in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the grantee and subcontractor. Grantee's failure to pay its subcontractors within thirty (30) working days will result in a penalty charged against the Grantee and paid to the subcontractor in the amount of one-half of one (1) percent 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 (15) percent of the outstanding balance due. The remainder of this page intentionally left blank. Version 1.0 — June 2013 Attachment A, Page 12 of 12 FWC Agreement No. 13127 Attachment B CERTIFICATIONS AND ASSURANCES The Commission will not enter this Agreement unless Grantee completes the CERTIFICATIONS AND ASSURANCES contained in this Attachment. In performance of this Agreement, Grantee provides the following certifications and assurances: A. Debarment and Suspension Certification (2 CFR Part 1400) B. Certification Regarding Lobbying (31 U.S.C. 1352) C. Certification Regarding Public Entity Crimes (section 287.133, F.S.) D. Certification Regarding Drug -Free Workplace Requirements (41 U.S.C. 701 et. seq.) (as applicable to recipients and subrecipients of federal financial assistance) E. Certification Regarding the Scrutinized Companies List (section 287.135, F.S.) (as applicable) A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTION. The undersigned Grantee certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2 of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, dr local) terminated for cause of default. If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Agreement. B. CERTIFICATION REGARDING LOBBYING — Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Grantee certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an Ver. September 2013 Attachment B, Page 1 of 4 FWC Agreement No. 13127 employee of a Member of Congress in connection with the awarding of any Federal contract, the. making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency a Member of Congress, an officer or employees of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub -recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Grantee hereby certifies that neither it, nor any person or affiliate of Grantee, has been convicted of a Public Entity Crime as defined in section 287.133 F.S., nor placed on the convicted vendor list. • Grantee understands and agrees that it is required to inform the Commission immediately upon any change of circumstances regarding this status. D. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (If Grantee is a Recipient of Subrecipient of Federal Financial Assistance) Pursuant to the Drug -Free Workplace Act of 1988, the undersigned attests and certifies that the Grantee (if not an individual) will provide a drug-free workplace by the following actions: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Establishing an ongoing drug-free awareness program to inform employees concerning: a. The dangers of drug abuse in the workplace. b. The policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Making it a requirement that each employee to be engaged in the performance of the Agreement be given a copy of the statement required by paragraph D.1. of this certification. 4. Notifying the employee in the statement required by paragraph D.1. of this certification that, as a condition of employment under the Agreement, the employee will: Ver. September 2013 Attachment B, Page 2 of 4 FWC Agreement No. 13127 a. Abide by the terms of the statement. b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occumng in the workplace no later than five (5) calendar days after such conviction. 5. Notifying the Commission in writing ten (10) calendar days after receiving notice under subparagraph 4.b. from an employee or otherwise receiving actual notice of such conviction. Provide such notice of convicted employees, including position title, to every Grant Manager on whose Grant activity the convicted employee was working. The notice shall include the identification number(s) of each affected Contract or Grant. 6. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph 4.b. herein, with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 as amended. b. Requirmg such employee to participate satisfactorily in drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local, health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of this entire certification. If the Grantee is an individual, the Grantee certifies that: 1. As a condition of the grant, Grantee will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and, 2 If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, Grantee will report the conviction, in writing, within 10 calendar days of the conviction, to the Commission When notice is made to such a central point, it shall include the identification number(s) of each affected grant. E. CERTIFICATION REGARDING the SCRUTINIZED COMPANIES LISTS, SECTION 287.135, F.S. If this Grant is in the amount of $1 million or more, in accordance with the requirements of section 287.135, F.S., Grantee hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, F.S. Grantee also hereby certifies that it is not engaged in business operations is Cuba or Syria. Grantee understands that pursuant to section 287.135, F.S., the submission of a false certification may subject Grantee to civil penalties, attorney's fees, and/or costs If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Grant Ver. September 2013 Attachment B, Page 3 of 4 FWC Agreement No. 13127 By signing below, Grantee certifies the representations outlined in parts A through E above are true and correct. (Signature and Title of Authorized �e�f entative) ��, ;,f:kl S SI 0 /1/6-n Peter D. O'Bryart, Chairman Indian River County Grantee 1801 27th Street 04/08/1\1 Date A 0 ••�/'.NRniEFi� �'� (Street) Vero Beach, Florida 32960 (City, .State, ZIP Code) BCC Approved: April 8, 2014 • • ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller said (Sea Deputy Clerk BY Josephmea anal aird County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY Ver. September 2013 Attachment B, Page 4 of 4 Attachment C AUDIT REQUIREMENTS FWC Agreement No. 13127 The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor may be subject to audits and/or monitoring by the Commission as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 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 OMB Circular A- 133 as revised, and/or other procedures. By entering into this Contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Contractor 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 A. This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. B. In the event that the Contractor expends $500,000 or more in Federal awards in its fiscal year, the Contractor must have a single or program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by this Contract. In determining the Federal awards expended in its fiscal year, the Contractor 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 OMB Circular A-133, as revised. An audit of the Contractor conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 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. Such audits shall cover the entire Contractor'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 OMB A-133 audit reports. Ver. June 2013 Attachment C, Page 1 of 6 FWC Agreement No. 13127 E. If not otherwise disclosed as required by section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect dunng the audit period. F. If the Contractor expends less than $500 000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Contractor expends less than $500 000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, 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 Contractor's resources obtained from other -than Federal entities). G. A web site that provides links to several Federal Single Audit Act resources can be found at: http://harvester.census.gov/sac/sainfo.html PART H• STATE FUNDED • This part is applicable if the Contractor is a non -state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Contractor, the Contractor 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 Contractor 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 Contractor 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. C. If the Contractor expends less than $500,000 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 Contractor expends less than $500,000 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 Contractor's resources obtained from other -than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: https://apps.fldfs.com/fsaa/singleauditact aspx. Ver. June 2013 Attachment C, Page 2 of 6 FWC Agreement No. 13127 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Attachment shall be submitted by or on behalf of the Contractor directly to each of the following at the address indicated: 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 OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 3. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. B. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Attachment (in correspondence accompanying the audit report, indicate the date that the Contractor received the audit report) copies of the reporting package described in Section .320 (d), OMB Circular A-133 as revised, 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 Contractor 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 Ver. June 2013 Attachment C, Page 3 of 6 FWC Agreement No. 13127 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 11 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 Circular A-133, Florida Statutes and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Contractors and sub -contractors, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 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 Contractor/sub-contractor in correspondence accompanying the reporting package. The remainder of this page intentionally left blank. Ver. June 2013 Attachment C, Page 4 of 6 • FWC Agreement No. 13127 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program(s) Funds CFDA # CFDA Title Amount 15.605 Federal Aid in Sport Fish Restoration Program $41,000 Total Federal Awards $41,000 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: _ Federal Program(s) Compliance Requirements CFDA.# CFDA # . - Compliance Requirements 15.605 1. Only the goods and/or services described within the attached Agreement and Attachment A Scope of Work are eligible expenditures for the funds awarded. 2. All provisions of Section 379.249, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. 4. The Grantee shall be required to provide a matching contribution of the total project costs (a minimum of $9,000) in support of the Commission's grant from the U.S. Fish and Wildlife Service. n/a STATE RESOURCES AWARDED TO THE RECIPIENT 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- n/a none n/a Total Matching Funds Associated with Federal Programs n/a Ver. June 2013 Attachment C, Page 5 of 6 FWC Agreement No. 13127 SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project(s); CSFA #; CSFA Title Amount 15.605 Florida Artificial Reef Program $12,091 Total State Awards $12,091 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE' Section .400(d) of OMB Circular A-133, 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 recipient The remainder of this page intentionally left blank. Ver. June 2013 Attachment C, Page 6 of 6 State Project(s) Compliance Requirements - _ CSFA # Compliance: Requirements 15.605 1. Only the goods and/or services described within the attached Agreement and Attachment A Scope of Work are eligible expenditures for the funds awarded. 2. All provisions of Section 379.249, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. NOTE' Section .400(d) of OMB Circular A-133, 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 recipient The remainder of this page intentionally left blank. Ver. June 2013 Attachment C, Page 6 of 6 4 FWC Agreement No. 13127 Attachment D State Grant Programs Part 523 Federal Aid Compliance Requirements Chapter 1 Summary 523 FW 1.1 1.1 Purpose. The purpose of this chapter is to summarize guidance on those requirements generally applicable to grant programs. 1.2 Applicability and Scope. In accepting Federal funds, States and other grantees must comply with all applicable Federal laws, regulations, and policies. This chapter is not all-inclusive. Exclusion of any specific requirement does not relieve grantees of their responsibility for compliance. Copies of reference materials can be obtained from the Regional Offices. Guidance on the following requirements is contained in this chapter. A. Nondiscrimination Requirements. - Title VI of the Civil Rights Act of 1964 - Section 504 of the Rehabilitation Act of 1973 - Age Discrimination Act of 1975 - Title IX of the Education Amendments of 1972 B Environmental Requirements. - Coastal Zone Management Act of 1972 - Executive Order 11987, Exotic Organisms - Endangered Species Act of 1973 - National Environmental Policy Act of 1969 - Floodplains and Wetlands Protection - Animal Welfare Act of 1985 - Coastal Barriers Resources Act of 1982 C. Historic and Cultural Preservation Requirements. - National Historic Preservation Act of 1966 D . Administrative Requirements. - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Debarment and Suspension - Drug -Free Workplace Act of 1988 - Restrictions on Lobbying (P.L. 101-121) 1.3 Title VI of the Civil Rights Act of 1964 (42 U S C 2000(d)) A. Summary. Prohibits discrimination based on race, color, or national origin in any "program or activity receiving Federal financial assistance." B References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may not, on the basis of race, color, or national origin, select, locate, or operate project facilities which will serve to exclude or limit opportunity for use or benefits. Attachment D, Page 1 of 9 FWC Agreement No. 13127 (2) Grantees shall make reasonable efforts to inform the public of opportunities provided by Federal Aid projects and shall inform the public that the projects are subject to Title VI compliance. (3) Though employment practices are not in themselves subject to Title VI, Title VI does apply to employment which may affect the delivery of services to beneficiaries of a federally assisted program. For the purpose of Title VI, volunteers or other unpaid persons who provide services to the public are included. 1.4 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 795) A. Summary. Ensures that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. B References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may not deny a qualified handicapped person the opportunity to participate in or benefit from Federal Aid project facilities or services afforded to others. (2) Grantees may not deny a qualified handicappedperson the opportunity to participate as a member of a planning or advisory board. (3) The location of facilities shall not have the effect of excluding handicapped persons from, deny them the benefits of, or otherwise subject them to discrimination under any Federal Aid project. 1.5 Age Discrimination Act of 1975 (42 U.S.C. 6101) A. Summary. Prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. B References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance However, a grantee is permitted to take an action otherwise prohibited if the action reasonably takes into account age as a factor necessary to the normal operation or achievement of any statutory objective of a program or activity. 1.6 Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et.seq.) A. Summary. Prohibits discrimination on the basis of sex in any education program receiving Federal financial assistance. Attachment D, Page 2 of 9 • FWC Agreement No. 13127 B References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements C. Requirements. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program receiving Federal financial assistance. For the purpose of Title IX, hunter education and aquatic education project activities are considered education programs. • 1.7 Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et. seq.) A. Summary. The Act is intended to, "preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone.." B References. Regulations of the Department of Commerce (15 CFR 930). C. Requirements. Federal Aid projects, which would "significantly affect the coastal zone" must be consistent with the approved State management programs developed under the Act. Prior to submitting a Grant Proposal for a project in the coastal zone of a State with an approved Coastal Zone Management Program, the proposed project must be reviewed for consistency with the management plan. Grantees may be required to submit a statement attesting to conformance with the Coastal Zone Management Plan. 1.8 Exotic Organisms Executive Order 11987 A. Summary. Federal agencies shall discourage the States from introducing exotic species into natural ecosystems of the United States. In addition, Federal agencies will restrict the use of Federal funds for the purpose of introducing exotic species into ecosystems outside of the United States. B References. Executive Order 11987, Exotic Organisms, 42 FR 26949 (May 25, 1977) C. Requirements. (1) Any proposal for the introduction of an exotic species into a natural ecosystem by a State fish and wildlife agency must include a biological opinion from the U.S. Fish and Wildlife Service supporting the proposed introduction. (2) To obtain a biological opinion, the State agency shall provide the Regional Director with a written request for the opinion together with any available information including, but not limited to, NEPA documents, biological data, and project plans (3) After receiving a biological opinion, it will be the responsibility of the State agency to adhere to the recommendations outlined in that opinion 1.9 Endangered Species Act of 1973 (16 U.S.C. 1531-1534). A. Summary. Actions funded under the Federal Aid programs must not jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of the habitat of the species. B Reference. Section 7 Consultation Requirements, 43 FR 870 (Jan. 4, 1978). C. Requirements. The Regional Director must ensure that Federal Aid projects are not likely to jeopardize the continued existence of endangered or threatened species or result in the Ihmvstct Attachment D, Page 3 of 9 FWC Agreement No. 13127 destruction or adverse modification of critical habitat. For projects which may affect an endangered or threatened species, either beneficially or adversely, a formal Section 7 consultation is necessary. The State is required to name the listed species and/or critical habitat included list the name, description, and location of the area; list objectives of the actions; and provide an explanation of the impacts of the actions on a listed species or its critical habitat. 1.10 National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347). A. Summary Requires that every proposed Federal action be examined to determine the effects (beneficial or adverse) it will have on the human environment and that the findings be considered in decisions regarding its implementation. B References. (1) Regulations of the Council on Environmental Quality implementing the procedural provisions of NEPA (40 CFR 1500-1508). (2) Departmental Manual, Environmental Quality, Part 516. (3) Fish and Wildlife Service Manual, National Environmental Policy Act, Part 550. (4) National Environmental Policy Act Handbook for Federal Aid Projects The Assistant D irector -Fish and Wildlife Enhancement is authorized to promulgate the National Environmental Policy Act Handbook for Federal Aid Projects C. Requirements. Each action proposed for Federal funding must include an Environmental Assessment (EA), Environmental Impact Statement (EIS), or show that the proposed activity is covered by one or more categorical exclusions. For specific requirements and procedures, see N ational Environmental Policy Act (NEPA) Handbook for Federal Aid Projects. 1.11 Floodplains and Wetlands Protection A. Summary. Federal Aid funds may not be used for projects affecting floodplains or wetlands unless there is no practical alternative outside the floodplain or wetland and only if actions are taken to minimize the adverse effects. B References. (1) Executive Order 11988, Floodplain Management, 42 FR 26951 (May 25, 1977). (2) Executive Order 11990, Protection of Wetlands, 42 FR 26961 (May 25, 1977). (3) Department of Interior Procedures for Implementation, 520 DM 1. (4) Natural Resources Protection, 613 FW. C. Requirements. The Executive orders on floodplains and wetlands require Federal agencies to review proposed actions to ensure that there are no practical alternatives outside the floodplain or wetland, and to ensure that potential harm is minimized. If there are no practical alternatives to proposed projects in floodplains or wetlands, actions to minimize the adverse. effects should be incorporated into the project plans.. 1.12 Animal Welfare Act of 1985 7 U.S.C. 2131, et seq. A. Summary. Requires the humane treatment of animals (exclusive of fish) used in research, experimentation, testing and teaching. B References. Regulations of the Department of Agriculture Animal and Plant Health Inspection Service (APHIS), 9 CFR Parts 1, 2 and 3 (54 FR 36112 (Aug. 31, 1989). tag Attachment D, Page 4 of 9 FWC Agreement No. 13127 C. Requirements. Grantees who use Federal Aid funds to conduct covered management or research or who engage in interstate shipment of animals should contact the local Animal and Plant Health Inspection Service (APHIS) office for instructions. A list of the APHIS offices may be obtained from the Regional Offices. 1.13 Coastal Barriers Resources Act of 1982 (16 U.S.C. 3501), as amended by the Coastal Barrier Improvement Act of 1990 (P L 101-591) A. Summary. The purpose of the Acts are "...to minimize the loss of human life, wasteful expenditure of Federal revenues and damage to fish and wildlife, and other natural resources associated with coastal barriers..." B References. U.S. Fish and Wildlife Service Advisory Guidelines, 48 FR 45664 (Oct. 6, 1983). C. Requirements. Activities conducted within a unit of the Coastal Barrier Resources System must meet the requirements of section 6 of the Act. Section 6 requires consultation with the Service, via the appropriate Regional Office 1.14 National Historic Preservation Act of 1966 16 U.S.C. 470. A. Summary. Federal agencies may not approve any grant unless the project is in accordance with national policies relating to the preservation of historical and cultural properties and resources. B References. (1) National Register of Historic Places (36 CFR 60). (2) The Archeological and Historic Preservation Act of 1974, 16 U.S.C. 469a. (3) Procedures for the Protection of Historic and Cultural Properties (36 CFR 800). (4) Determinations of Eligibility for Inclusion in the National Register of Historic Places (36 CFR 63) (5) Criteria for Comprehensive Statewide Historic Surveys and Plans (36 CFR 61). (6) Cultural Resources Protection, 614 FW. C. Requirements. (1) States must consult with the State Historic Preservation Officer (SHPO) for those activities or projects that are defined as undertakings under the National Historic Preservation Act. An undertaking is defined as a project, activity, or program that can result in changes in the • character or use of properties that are listed on or potentially eligible for listing on the National Register of Historic Places (National Register) and located within the project's area of potential effect. Undertakings include new and continuing projects, activities, or programs and any of their elements not previously considered under Section 106 of the National Historic Preservation Act. (2) In cases where a Federal Aid project has been determined to be an undertaking, the State must notify the appropriate Service Regional Director for guidance on how to proceed with Section 106 compliance. Based on the results of the consultation between the State and SHPO, the Service will determine the need and level of inventory to identify historic properties that may be affected by the undertaking and to gather sufficient information to evaluate whether these properties are listed or are eligible for listing in the National Register. (3) Where completed inventories indicate that identified histonc properties may be affected by the undertaking the State shall be responsible for submitting the necessary documentation to the appropriate Regional Director for review. As necessary, the Service shall seek Attachment D, Page 5 of 9 FWC Agreement No. 13127 determinations of eligibility for those properties that are to be affected by the proposed activity. (4) If a State is advised by the SHPO that an undertaking will adversely affect a property that is eligible for or listed on the National Register, the State shall ask the appropriate Regional D irector to determine measures for mitigating or avoiding impacts. This may require the development of a memorandum of agreement among the Service, State, and State Historic P reservation Officer to address specific measures that will be employed to avoid or minimize adverse effects to historic properties located within the area of potential effect. Adverse effects that may diminish the character and integrity of historic properties include (a) Physical destruction, damage, or alteration of all or part of the property; (b) Isolation of the property from or alteration of the character of the property's setting when that character contributes to the property's qualification for the National Register of Historic Places; (c) Introduction of visual, audible, or atmospheric elements that are out of character with the property or alter its setting; (d) Neglect of a property resulting in its deterioration or destruction; and (e) Transfer, lease, or sale of the historic property. (5) If a previously unknown property that is eligible for listing on the National Register is discovered at any time during the implementation period of a Federal Aid project, the Regional D irector must be notified and all actions which may adversely effect it must be suspended. The Service shall provide the State with instructions on how to proceed. 1.15 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601) A. Summary Federal agencies may not approve any grant unless the grantee provides Assurances that -it will comply with the Act. Prices to be paid for lands or interests in lands must be fair and reasonable (except when the price is fixed by law or when the lands are to be acquired at public auction or by condemnation and the value determined by the court). Persons displaced from their homes, businesses, and farms must receive relocation services, compensation, and fair equitable treatment. f B References. (1) Department of Interior Uniform Relocation Assistance and Real Property Acquisition Regulations (41 CFR 114-50). (2) Department of Transportation Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (49 CFR Part 24). C. Appraisal Requirements. (1) A real property owner or his designated representative must be contacted prior to making an appraisal and given an opportunity to accompany the appraiser during inspection of the property. The fact that it occurred must be documented in project files and in the appraisal report. (2) Real property must be appraised the appraisal report reviewed, and the fair market value established prior to initiation of negotiations with the owner. (3) If the acquisition of only part of a property will leave the owner with an uneconomic remnant, the State or other grantee must offer to buy the whole property. The term "uneconomic remnant" applies only to Title III of the Act and the necessity of the acquinng agency to offer to purchase such a remainder or the entire property. It is not to be construed with the term 'uneconomic unit" as it applies to the in -lieu payment of farm operations under Title II of the Act. Attachment D, Page 6 of 9 FWC Agreement No. 13127 D. Negotiation Requirements. (1) An owner or his designated representative must be provided, in person or by certified mail, a written statement of just compensation as determined in the appraisal process. Offers of compensation cannot be less than the approved appraisal of fair market value of such property. If only a portion of the owner's property is being taken and the owner is left with an uneconomic remnant, the agency must offer to buy the whole property - (2) Reimbursement to a real property owner for costs to convey a title must include (a) Recording fees, transfer taxes and similar costs; (b) Penalty cost for prepayment of pre-existing recorded mortgage; and (c) Pro -rata portion of real property taxes allocable to a period subsequent to the date of vesting title. (3) All displaced persons (owners and tenants) must be provided information on their relocation benefits. E. Relocation Assistance to Displaced People. (1) A relocation plan must be prepared for displaced persons so that problems associated with displacement of individuals, families, businesses, farms and nonprofit organizations are known at an early stage in a project's development (see 49 CFR 24.205). Planning may involve the follow ng (a) Who and what will be displaced. (b) The estimated number of dwellings, businesses, farms, and nonprofit organizations displaced, including rentals. This estimate should contain (i) Currently available replacement housing, businesses, farm, and organization sites; (i ) Approximate number of employees affected; (i ) Types of buildings, number, and size of rooms, (iv) The needs of those displaced (i.e. lifestyle); and (v) Type of neighborhood, distance to community facilities, church etc. (c) List of comparable replacement dwellings, including rentals, available on the market within a 50 -mile radius (specialized units may require expanding radius). When an adequate supply of comparable housing is not expected to be available, consideration of Housing of the Last Resort actions should be instituted (d) Estimate of cost of replacement housing by purchase and/or rental per displaced person, and consideration of special needs like the elderly or handicapped. (e) Estimate of cost for moving (2) Advisory Services for Displaced People. Advisory services must be provided for all persons occupying property to be acquired and for all persons who use such real property for a business or farm operation Eligibility requirements and corresponding benefits must be explained to all displaced persons. Assistance must be provided to persons completing claim forms, obtaining moving services, and obtaining proper housing. (3) Payment for Relocation of Displaced Persons. Relocation expenses must be paid to a displaced person who purchases and occupies a replacement dwelling. Moving and related expenses will be provided to displaced persons residing on real property including those persons owning a business or a farm. All payments must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Attachment D, Page 7 of 9 FWC Agreement No. 13127 1.16 Debarment and Suspension A. Summary Executive Order 12549 Debarment and Suspension, directs that persons debarred or suspended by one Federal agency from receiving grants may not receive grants from any Federal agency. B . References. (1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986 (2) Department of Interior Rules, Governmentwide Debarment and Suspension (Nonprocurement) 43 CFR 12.100 - 12.510 C. Requirements. (1) States and other grantees must submit the certification for Primary Covered Transactions (DI -1953). States certify as to their "principals", not the State agency. State principals are commissioners, directors, project leaders, or other persons with primary management or supervisory responsibilities, or a person who has a critical influence on or substantial control over Federal Aid projects. States may provide the certification annually. Other grantees must provide the certification with each Application for Federal Assistance. (2) States and other grantees must obtain from their subgrantees and contractors a certification for Lower Tier Covered Transactions (DI -1954). A certification is not required for small purchase procurements, currently defined as less than $25 000. These certifications are normally provided with an application or proposal from a subgrantee or contractor. (3) States and other grantees must not make any award, either by subgrant or contract, to any party which is debarred or suspended or is otherwise ineligible under provisions of Executive Order 12549. The U.S. General Services Administration maintains a list of parties debarred, suspended, ineligible or excluded from participation in Federal grants under the provision of the Executive order. A copy of this list is available, upon request, from the Regional Director. 1.17 Drug -Free Workplace Act of 1988. A. Summary. The Drug -Free Workplace Act requires that all grantees certify that they will maintain a drug-free workplace. B References. Department of Interior Rules, Drug -Free Workplace Requirements, 43 CFR 12.600-635. C. Requirements. Grantee organizations must (1) Establish (and publish) a policy that informs employees that the manufacture, distribution, possession, or use of a controlled substance in the workplace is prohibited (2) Establish an awareness program to inform employees of the dangers of drug abuse in the workplace; and (3) Provide a drug-free workplace certification to the Department of Interior or U.S. Fish and W'Idlife Service. The forms for providing the certification are available from the Regional D irector. State agencies may certify annually. If the State agency is covered by a consolidated certification for all State agencies, a copy of the consolidated certification should be submitted to the Regional Director. (The original is retained by the State.) Grantees other than State agencies must submit the certification with each Grant Agreement. Attachment D, Page 8 of 9 FWC Agreement No. 13127 1.18 Restrictions on Lobbying (P L 101-121) A. Summary. Prohibits the use of Federal appropriated funds for lobbying either the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. B References. Department of the Interior Rules, 43 CFR Part 18, New Restrictions on Lobbying. C. Requirements. (1) Recipients of Federal grants are prohibited from using Federal appropriated funds, e.g. grants, to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, or an employee of a member of Congress in connection with a specific contract, grant, loan, or cooperative agreement. (2) Proposals for grants in excess of $100 000 must contain a certification that no part of the funds requested will be used for lobbying. Copies of the certification form, Form DI -1963, can be obtained from the Regional Offices. (3) Recipients of grants in excess of $100,000 must file a disclosure form on lobbying activities conducted with other than Federal appropriated funds. Form SF -LLL and SF -LLL -A, Continuation Sheet, shall be used for this purpose. Copies of the forms can be obtained from the Regional Offices. tot si • Attachment D, Page 9 of 9 • ' t • Attachment E FWC Agreement No. 13127 COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial Services, invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). In addition, supporting documentation must be provided for each amount for which reimbursement is being claimed indicating 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 categories in the approved contract budget should be reimbursed. Listed below are examples of types of supporting documentation: (1) Salaries: (2) Fringe Benefits (3) Travel: A payroll.register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits other deductions and net 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 Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g , insurance premiums paid) If the contract 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. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. 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 or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) 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. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or submitted documentation must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the agreement. August 2013 Attachment E, Page 1 of 1 • FWC Agreement No. 13127 Attachment F CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or more, and for all contracts and grants with sub -recipients regardless of amount, when funded by a federal grant. 1 The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for. debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense In connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of , 20_ By: Authorized Signature/Contractor Typed Name/Title Grantee Name/Contractor Name Street Address Building, Suite Number City/State/Zip Code Area Code/Telephone Number debar.226/rev.12/00 Ver. December 2013 Attachment F, Page 1 of 2 FWC Agreement No. 13127 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the Florida Fish and Wildlife Conservation Commission (FWC) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. • 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract or other covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the FWC or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the FWC or agency with which this transaction originated may pursue available remedies including suspension and/or debarment. debar.226/rev. 12/00 Ver. December 2013 Attachment F, Page 2 of 2 Attachment G FL FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES MANAGEMENT ARTIFICIAL REEF PROGRAM CERTIFICATION OF COMPLETION (Printed Name and Title) representing (Name of Grantee) do hereby certify under penalties of perjury per § 216.349, Florida Statutes, that the artificial reef project funded by Grant Number FWC - has been completed in compliance with all terms and conditions of said Grant Agreement. Rev. 12/2013 (Signature) (Date)