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HomeMy WebLinkAbout2016-006 FWC Agreement No. 15120 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT NO. 15120 CFDA Title(s): Wildlife Restoration and Basic Hunter CFDA No(s).: 15.611 Education Name of Federal Agency(s): US Fish and Wildlife Service Federal Award No(s): F14AF01077 Federal Award Year(s): 2014 Federal Award Name(s): Indian River County Shooting Range Hunter Education Classroom CSFA Title(s).: N/A CSFA No(s).: N/A State Award No(s).: N/A State Award Year(s): N/A State Award Name(s): N/A 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 Indian River County, FEED # 59-6000674, whose address is 1801 27th Street, Building A, Vero Beach, Fl 32960, hereinafter"Grantee." WHEREAS, the Commission and Grantee have partnered together to develop and construct the Hunter Safety Classroom to be located at the Indian River County Public Shooting Range; and, WHEREAS,Grantee has been awarded(award name and number not applicable); 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 priorto 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. 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, GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 1 of 20 FWC Agreement No. 15120 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 the 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 06/30/2017. 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 i11/01/2015, 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$1144,000 00. 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 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 (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Grant Manager identified in Paragraph eleven (11), below. If submitting hard copies, an original and two (2) copies of the GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 2 of 20 FWC Agreement No. 15120 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 refect 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, unless 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 Grantee due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer(EFT), offered by the State's Chief Financial Officer, within thirty(30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: http://www.fldfs.com/aadir/direct deposit webNendors.htm 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, GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 3 of 20 FWC Agreement No. 15120 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 both State and Federal requirements, each applicable to the extent this Agreement includes either State-only funding, Federal-only funding, or both. 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. In 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 to the extent allowed by Florida Law, 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. A. Commission Exempt from Taxes. 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. Grantee is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission Grant Manager. B. Property Exempt from Lien. If the Grant involves the improvement of real property titled to the State of Florida,then the following paragraph applies: The Grantee acknowledges that Property being improved is titled to the State of Florida, and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. 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 GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 4 of 20 I FWC Agreement No. 15120 to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in Attachment C, Audit Requirements. Additionally, monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. 9. TERMINATION. A. Commission 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. The Grantee may request termination of the Agreement for convenience. B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the 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. Termination - Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours' notice in writing to the 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 and any non- cancellable obligations properly incurred 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 Commission shall apply any additional financial consequences, identified in the Scope of Work. GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 5 of 20 FWC Agreement No. 15120 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: FOR THE GRANTEE: Grant Manager Grant Manager Philip T. Stone Richard B. Szpyrka, P.E. Construction Administrator County Engineer Fl Fish and Wildlife Conservation Comm. Indian River County 620 S. Meridian Street 1801 27th Street, Building A Tallahassee, FL 32399 Vero Beach, Fl 32960 413-0084 (772)226-1221 (850)413-7989 (772)778-9391 PhilipT.StoneP,MyFWC.com rszpyrkana,ircgov.com 12. AMENDMENT. 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. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310- 200.316, OMB Uniform Guidance(2 CFR 200), and any language addressing Federal rights, apply. A. Intellectual and Other Intangible Property. i. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual and other intangible property rights to the Grantee's preexisting property will remain with the Grantee. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Grantee under this Agreement for the GRANT -GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 6 of 20 FWC Agreement No. 15120 Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlmiited, royalty-free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part,in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by federal funds, the federal awarding agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property liThis agreement is for the purchase or improvement of real property_, therefore the following term_ s and conditions apQy_ i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310-200.316,and 200.329, OMB Uniform Guidance(2 CFR 200), as amended. ii. Title. If this agreement is supported by state funds,the 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. Title to state-owned real property remains vested in the state. Title to federally-owned real property remains vested in the Federal government in accordance with the provisions of Section.200.312,OMB Uniform Guidance(2 CFR 200),as amended. iii. Use. Federally-owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance(2 CFR 200). State-owned real property will be used as provided in Attachment A, Scope of Work. C. Non-Expendable Property.The following provisions apply to the extent that the grant allows the acquisition of non-expendable property. i. Non-Expendable Property Defined. For the requirements of this section of the Agreement, "non-expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non- consumable and non-expendable nature, with a value or cost of$1,000.00 or more, and a normal expected life of one (1) year or more; hardback-covered bound books that are circulated to students or the general public, with a value or cost of$25.00 or more; and uncirculated hardback-covered bound books, with a value or cost of$250.00 or more). ii. Title to Non-Expendable Property. Title (ownership) to all non-expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A, Scope of Work. GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 7 of 20 FWC Agreement No. 15120 D. Equipment and Supplies. The following provisions apply to the extent that the grant allows the acquisition of equipment and supplies. i. Title - Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in the non-Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance(2 CFR 200). ii. Title — Supplies. Title to supplies will vest in the non-Federal entity upon acquisition. Unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program are subject to Section 200.314, OMB Uniform Guidance. iii. Use—Equipment. Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as needed 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 other requirements. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Grantee,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. GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 8 of 20 FWC Agreement No. 15120 15. SUBCONTRACTS. A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. The 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 this Agreement. The Grantee must provide the Commission with the names of any subcontractor considered for work under this Agreement; the Commission in coordination with the Grantee 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 the extent allowed by law, 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. B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, Grantee agrees to make payments to the subcontractor upon completion of work and submitted invoice in accordance with the contract between the Grantee and subcontractor. Failure to make payment pursuant to any subcontract will result in a penalty charged against Grantee and paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due." C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with Grantee 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. If subcontracting is permitted pursuant to Paragraph A above, 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,point venturer, or partner of the State of Florida. 16. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award. A. Disclosure of Interested State Employees and Conflict of Interest. This Agreement is subject to Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform Guidance (2 CFR 200). Grantee must disclose, in writing, any potential conflict of interest to the Commission in accordance with applicable Federal awarding agency policy. B. Convicted Vendors. Grantee shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to Section 287.133(3)(d),F.S. i. 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 carne may not be awarded or perform work as a Grantee, supplier, subcontractor or consultant under a GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 9 of 20 FWC Agreement No. 15120 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 purchasing/vendor information/co nvicted suspended discriminatory complaints vendor lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133,F.S. C. Vendors on Scrutinized Companies List. i. Scrutinized Companies. If this Agreement is in the amount of$1 million dollars or more, in executing this Agreement, the Grantee shall have an ongoing obligation to disclose to the Commission if it, its subrecipient, contractor, or subcontractor, is 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.,or is engaged in business operations in Cuba or Syria. Section 287.135, F.S. ii. 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. iii. 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$2,000,000.00 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. iv. 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. D. Discriminatory Vendors. Grantee shall disclose to the Commission, in writing, if they, then- subrecipient,contractor,or subcontractor,are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d),F.S."An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 10 of 20 i FWC Agreement No. 15120 entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S. E. 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 Grant Manager, in writing, 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 or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. F. Certain Violations of Federal Criminal Law.If this agreement includes a Federal award,then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Grantee must disclose, in a timely manner, in writing to the Commission all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. 17. INSURANCE. The Grantee warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state law and that such insurance or self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 18. SPONSORSHIP. As required by Section 286.25, F.S., if any recipient, subrecipient, contractor or subcontractor under this grant is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (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. 19. 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. If the Grantee, or other recipient, subrecipient, contractor or subcontractor, meets the definition of "Contractor" in Section 119.0701(1)(a),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. 'I GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 11 of 20 FWC Agreement No. 15120 iii. 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. 20. SECURITY AND CONFIDENTIALITY. The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Grant work. To ensure confidentiality,the Grantee shall take appropriate steps regarding its personnel,agents, and subcontractors. The warranties of this paragraph shall survive the Grant. 21. 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 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:http://www.USASpendiniz.gov. Grant recipients awarded anew Federal grant greater than or equal to$25,000.00 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. 22. 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 GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 12 of 20 FWC Agreement No. 15120 financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the 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. 23. FEDERAL FUNDS. This Agreement 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. 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: i. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). Section 200.326 and Appendix 11,OMB Uniform Guidance(2 CFR 200),Applicable,except as otherwise provide under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee involving Federal assisted construction. ii. Davis-Bacon Act. The Davis-Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5.Appendix H,OMB Uniform Guidance(2 CFR 200). Applicable to contractors and subcontractors performing on federally funded or assisted contracts in excess of$2,000.00 for the construction, alteration, or repair(including painting and decorating)of public buildings or public works. Under this Act,contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. iii. Copeland"Anti-Kickback Act. The Copeland"Anti-Kickback"Act,40 U.S.C.3141-3148, and 3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5), Appendix H, OMB Uniform Guidance (2 CFR 200). Applicable to contracts awarded by a non-Federal entity in excess of $100,000.00 that involve employment of mechanics or laborers. Under this Act,contractors and subrecipients are prohibited from inducing,by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. iv. Contract Work Hours and Safety Standards Act. 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). Appendix 11, OMB Uniform Guidance (2 CFR 200). Applicable to construction agreements awarded by grantees and subgrantees in excess of $2,000.00, and in excess of$2,500.00 for other agreements which involve the employment of mechanics or laborers. Under this Act, contractors and subcontractors must compute wages of mechanics and laborers (workers) on the basis of a standard forty (40) hour work week; provide workers no less than time and a half for hours worked in excess of the forty (40) hour work week; and not require workers to work in surroundings or work conditions that are unsanitary, hazardous, or dangerous. GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 13 of 20 FWC Agreement No. 15120 V. Rights to Inventions Made Under a Contract or Agreement. 37 CFR 401. If the Federal award meets the definition of"funding agreement"under 37 CFR 401.2(a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under the"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Appendix lI, OMB Uniform Guidance (2 CFR 200). A. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). Appendix H, OMB Uniform Guidance (2 CFR 200). vu. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). Appendix II, OMB Uniform Guidance(2 CFR 200). viii. 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. ix. Trafficking Victims Protection Act of 2000. This federal award is subject to the Trafficking Victims Protection Act of 2000,as amended(22 U.S.C. 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 any recipient, subrecipient, contractor or subcontractor under this grant is a private entity,the following provision applies to the federal award: 1. 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. X. Debarment and Suspension. 1. Grantee Federal Certification. In accordance with Federal Executive Order 12549, Debarment and Suspension,the Grantee shall agree and certify 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. GRANT -GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 14 of 20 FWC Agreement No. 15120 xi. Prohibition against Lobbying. 1. 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. 2. 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. 3. 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. xii. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants that have been illegally taken, possessed,transported or sold. xiii. Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. xiv. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. xv. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits, unless approved or exempt, any action that causes a "taking" of any listed species of endangered fish or wildlife. Also generally prohibited are the import, export, interstate, and foreign commerce of listed species. GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 15 of 20 I FWC Agreement No. 15120 C. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall comply with the following Office of Management and Budget (OMB)Uniform Guidance (2 CFR 200). 24. 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 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-enteiprises.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. 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 GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 16 of 20 FWC Agreement No. 15120 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 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. GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 17 of 20 I FWC Agreement No. 15120 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. 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-Venfy system to verify the employment eligibility of all new employees hired by the Grantee during the contract tern; 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 Intemet-based system that allows an employer,using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new 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.l.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 athttp://www.dhs.gov/files/programs/gc 1185221678150.shtm C. 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 Eligibility 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 GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 18 of 20 I FWC Agreement No. 15120 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 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 linuted 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 terminate the Agreement in whole or in part. 40. 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 19 of 20 FWC Agreement No. 15120 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 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION SIGNATURE SIGNATURE Name: F3c�h Solari Name: Er;c- SL/f4mn Title: Cha i rman Title: Date: January 19, 2016 Date: ATTEST: Approved as to form and legality by FWC Attorney: Jeffrey R. Smith, Clerk of Court and troller BY: ••,.�� 0 h1 MISS•.. L na llen, Deputy Clerlf�o:'' .10ATUltr N�nie: 1 u-r G� 0 /0 O l,1$PROVED AS "t.:, ,.1 Attachments in this Agreement include the following: AQP$ . G S E.` i ! v Attachment A Scope of Work 9'y z .,., Attachment B Certifications and Assurances tvt;MILL K. DEBT?°�L 1 C0UNr-1ATt0AMf Attachment C Requirements of the Federal and Florida Singe Audit a it Acts Exhibit 1 Federal and State Funding Source Attachment D Cost Reimbursement Contract Payment Requiremenrts Attachment E Sample Invoice Form Attachment F Project Progress Report Attachment G Certification of Completion Statement Attachment H Copy of Federal Grant Award GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 20 of 20 i Attachment A—SCOPE OF WORK Project Name: Indian River County Shooting Range FWC Contract No. 15120 Hunter Education Classroom 1. DESCRIPTION OF GOODS/SERVICES PROCURED,OR PROJECT WORKPLAN A. DESCRIPTION OF GOOD/SERVICES Hunter Education Classroom Building B. BACKGROUND The Fish and Wildlife Conservation Commission's mission in Florida is to manage fish and wildlife resources for their long-term well-being and the benefit of people. The Commission administers six major programs including habitat& species conservation, freshwater fisheries management, law enforcement, marine fisheries management, hunting and game management and fish and wildlife research. Florida law requires all hunters born on or after June 1, 1975, who use a firearm, gun, bow or crossbow to successfully complete a hunter safety course prior to purchasing a hunting license. C. SUPPORT OF COMMISSION MISSION This classroom facility directly supports the Commission mission through the education of participants in the safe handling of firearms as used for hunting purposes. 2. DELIVERABLES A. Deliverable#1 —Classroom plans and specifications. i. Specific Project Deliverables& Associated Tasks Signed and sealed engineered plans and specifications suitable for permitting and construction. ii. Minimum Level of Performance Signed and sealed engineered plans and specifications suitable for permitting and construction and that are acceptable to FWC Contract Manager so as to meet the functional purpose of the facility once built. iii. Documentation/Criteria Used as Evidence of Performance Plans and specification in PDF format delivered to and accepted by FWC Contract Manager. iv. Timeline for Completion 180 days after date of contract execution. B. Deliverable#2—Completed classroom building. Version 1.0—June 2013 Page 1 of 5 I Attachment A—SCOPE OF WORK Project Name: Indian River County Shooting Range FWC Contract No. 15120 Hunter Education Classroom i. Specific Project Deliverables& Associated Tasks Classroom building. ii. Minimum Level of Performance The County has constructed the classroom building that has passed all building inspections and has received a Certificate of Occupancy or equivalent from the County Building Official. In addition, all punch list items have been addressed to the satisfaction of FWC. iii. Documentation/Criteria Used as Evidence of Performance Receipt of Certificate of Occupancy or equivalent. Final Project Inspection report completed by FWC Contract Manager indicating that all punch list items (construction deficiencies)have been addressed. iv. Timeline for Completion 180 days after plan acceptance by FWC Contract Manager. 3. FINANCIAL CONSEQUENCES Pursuant to 215.971(1)(c),Florida Statutes,the Commission will withhold payment of funds for failure to complete the Project as described herein within the timeframe allowed, or for failure to correct any Project deficiencies, as noted in the Final Project Inspection report. 4. PERFORMANCE The County will work with FWC to create, develop, and finalize construction plans for a new hunter education classroom facility to be located at the Indian River County Public Shooting Range. At a minimum the heated and cooled portion of the classroom shall be of sufficient size that 50(fifty) students can be accommodated at any given time with closet storage for hunter safety materials and required restroom facilities. The exact location of the classroom within the range property is to be determined by FWC and the County but will generally be located in an upland area near the currently existing sporting clays/5-stand course parking area. (See Exhibit A). 5. COMPENSATION AND PAYMENT A. COMPENSATION For satisfactory completion of the tasks described in this Scope of Work, by the County under the terms of this Agreement,the Commission shall pay the County on a cost reimbursement basis in an amount not to exceed $144,000.00. The County shall be reimbursed only for budgeted expenses incurred during the term of the Agreement that are directly related to the project. Version 1.0—June 2013 Page 2 of 5 I Attachment A—SCOPE OF WORK Project Name: Indian River County Shooting Range FWC Contract No. 15120 Hunter Education Classroom B. COST SHARE The Grantee agrees to provide 25% of the total cost of the project. The total compensation by the Commission shall be $144,000.00 or 75%of the total cost for the project, whichever is less. C. INVOICE SCHEDULE The County will submit one request for reimbursement within 30 days after completion of the Project, as described herein, and acceptance of deliverables in writing by the Commission's Contract Manager. The Commission shall have 10 working days to inspect and approve goods and services. D. TRAVEL EXPENSES No travel expenses are authorized under the terms of this agreement. E. FORMS AND DOCUMENTATION The County shall be reimbursed on a cost reimbursement basis in accordance with Cost Reimbursement Contract Payment Requirements, attached hereto and made a part hereof as Attachment D. The request for reimbursement shall include an invoice in a format similar to Attachment E, Sample Invoice Form, which shall include the FWC Contract Number,the Grantee's Federal Employer Identification(FEID)Number, and indicate the dates of service. The invoice shall be accompanied by a Certification of Completion, photographs to document project completion, an itemized list of all project expenditures, and copies of invoices and cancelled checks or check numbers to document payment for all project expenditures. 6. MONITORING SCHEDULE A. Compliance Monitoring and Corrective Actions: The Commission will monitor the County's service delivery to determine if the County has achieved the required level of performance. If the Commission at its sole discretion determines that the County failed to meet any of the Terms and Conditions of this Agreement, the County will be sent a formal written notice. The County shall correct all identified deficiencies within forty-five (45)days of notice. Failure to meet 100% compliance with all of the Terms and Conditions of this Agreement or failure to correct the deficiencies identified in the notice within the time frame specified may result in delays in payment or termination of this Agreement in accordance with the Termination section. B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable, during the construction of the Project. The County shall notify the Commission's Contract Manager when the Project has reached substantial completion so that inspection may occur in Version 1.0—June 2013 Page 3 of 5 Attachment A—SCOPE OF WORK Project Name: Indian River County Shooting Range FWC Contract No. 15120 Hunter Education Classroom a timeframe allowing for the timely submission and processing of the final invoice. The Commission's Contract Manager, or designee, shall inspect the work accomplished on the Project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. C. Project Progress Reports: The Grantee shall submit to the Commission, on a monthly basis, project progress reports outlining the progress of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the Project Progress Report Form attached hereto and made a part hereof as Attachment F. Reports are due to the Commission's Grant Manager by the 151 of the month immediately following the reporting period until the Certification of Completion is submitted. 7. INTELLECTUAL PROPERTY RIGHTS No additional requirements. Refer to Section 13 of the Agreement. 8. SUBCONTRACTS No additional requirements. Refer to Section 15 of the Agreement. 9. INSURANCE No additional requirements. Refer to Section 17 of the Agreement. 10. SECURITY AND CONFIDENTIALITY No additional requirements. Refer to Section 20 of the Agreement. 11. RECORD KEEPING REQUIREMENTS No additional requirements. Refer to Section 21 of the Agreement. 12. NON-EXPENDABLE PROPERTY The County is not authorized to use funds provided herein for the purchase of any non-expendable equipment or personal property valued at$1,000 or more for performance under this Agreement. 13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY No additional requirements. Refer to Section 13(13)of the Agreement. 14. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS A. CERTIFICATE OF COMPLETION Upon completion of the Project, the Grant Manager for the County shall sign a Certification of Completion form, Attachment G, attached hereto and made a part hereof,that certifies the Project was completed in accordance with the Scope of Work and the Agreement. Version 1.0—June 2013 Page 4 of 5 Attachment A—SCOPE OF WORK Project Name: Indian River County Shooting Range FWC Contract No. 15120 Hunter Education Classroom Exhibit A-Proposed Classroom Location 2.L^ > c �z M Y W 2 V F 0� o o .fill I ! rib ZIP 04 all oil i 1121 too e n# y It — t t lip c' €€$� � '—l�. � 4•��^- \� �- fly ;.�� ,E � e e p � � � ; I . . . . . . . . . . .I � ,� . 0 0©000 4 aaagJ© 66 2MIX F11 3a Ir F Version 1.0—June 2013 Page 5 of 5 FWC Agreement No. 15120 Attachment B CERTIFICATIONS AND ASSURANCES The Commission will not enter this Agreement unless Grantee completes, signs and returns to the Commission,the CERTIFICATIONS AND ASSURANCES contained in this Attachment. In performance of this Agreement,Grantee,through its duly authorized representative,certifies that it has read and provides the certifications and assurances below; and acknowledges it has an ongoing obligation to give written notice to the Commission, within a reasonable time, following any change in status regarding these certifications and assurances. Part I: State Certifications and Assurances. If this Agreement is supported by State funding, then the following Certifications and Assurances apply. A. Interested State Employees, Chapter 112, F.S. Grantee certifies to the best of its knowledge, that none of its officers, directors, employees or other agents is also an employee of the State of Florida who owns,directly or indirectly, an interest of five percent(5%)or more in the Grantee or its affiliates. B. Conflict of Interest, Section 200.112, OMB Uniform Guidance (2 CFR 200). If this Agreement includes a Federal award, Grantee certifies that neither it, its principals, or agents, have a conflict of interest with either the Commission or the Federal awarding agency. C. Convicted Vendors, Section 287.133, F.S. Grantee certifies that it, its principals, recipients, subrecipients, contractors,and subcontractors, are not on the Convicted Vendors List as maintained by the Department of Management Services, pursuant to Section 287.133(3)(d),F.S. D. Scrutinized Companies List,Sections 287.135 and 215.473,F.S. If this Agreement is in the amount of$1 million or more, Grantee certifies that to the best of its knowledge, it, its principals, recipients, subrecipients, contractors, and subcontractors are not: a. On the Scrutinized Companies with Activities in Sudan List; b. On the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or c. Engaged with business operations in Cuba or Syria. E. Discriminatory Vendors, Section 287.134, F.S. Grantee certifies that it, its principals, recipients, subrecipients, contractors and subcontractors are not on the Discriminatory Vendors List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. F. Litigation,Investigations,Arbitration,or Administrative Proceedings. Grantee certifies that it, its principals and-agents, are not engaged in any civil or criminal litigation investigations, arbitration, or administrative proceedings relating to or affecting the Grantee's ability to perform under this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment B rev.6.15.15 Page 1 of 4 I FWC Agreement No. 15120 Part H: Federal Certifications and Assurances. If this Agreement is supported by Federal funding, then the following Certifications and Assurances apply. A. Equal Employment Opportunity. Grantee certifies that to the best of its knowledge, it, its principals, agents,recipients, subrecipients,,contractors and subcontractors, are in compliance with the Equal Employment Opportunity requirements contained in 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). B. Davis-Bacon Act. Grantee certifies that to the best of its knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the Davis-Bacon Act 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5. C. Copeland"Anti-Kickback Act. Grantee certifies that to the best of its knowledge, it,its principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the Copeland "Anti-Kickback"Act,40 U.S.C. 3141-3148,and 3146-3148,as supplemented by Department of Labor regulations (29 CFR Part 5). D. Contract Work Hours and Safety Standards Act. Grantee certifies that to the best of its knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the Contract Work House and Safety Standards Act, Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations(29 CFR part 5). E. Rights to Inventions Made Under a Contract or Agreement. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements", 37 CFR Part 401. F. Clean Air Act and Water Pollution Control Act. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the Clean An-Act, 42 U S.C. 7401-7671q, and the Water Pollution Control Act, 33 U.S.C. 1251-1387, as amended. G. Energy Efficiency. Grantee assures that it, its principals, agents,recipients, subrecipients, contractors and subcontractors,will comply with the requirements of the 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. H. Drug-Free Workplace. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the Drug-Free Workplace Act of 1988, and its implementing regulations codified at 29 CFR Part 94. a. 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. Attachment B rev.6.15.15 Page 2 of 4 I FWC Agreement No. 15120 2. Establishing an ongoing drug-free awareness program to inform employees concerning: i. The dangers of drug abuse in the workplace. ii. The policy of maintaining a drug-free workplace. iii. Any available drug counseling, rehabilitation and employee assistance programs. IV. 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 Part II, H.a.l of this certification. 4. Notifying the employee in the statement required by paragraph Part II, H.a.l of this certification that, as a condition of employment under the Agreement, the employee will: 1. Abide by the terms of the statement. ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring 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 Part II, H.a.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 Part Il, H.a.4.b. herein, with respect to any employee who is so convicted: 1. 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. ii. Requiring 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. b. If the Grantee is an individual,the Grantee certifies that: LAs 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. I. Trafficking Victims Protection Act of 2000. Grantee assures that it, its principals, agents,recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the Trafficking Victims Protection Act of 2000, as amended, 22 U.S. C. 7104(g), 2 CFR 175.15. Attachment B rev.6.15.15 Page 3 of 4 FWC Agreement No. 15120 J. Debarment and Suspension. In accordance with Federal Executive Order 12549, Debarment and Suspension, the Grantee certifies that neither it, nor its principals, or agents, 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. K. Prohibition against Lobbying. If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Agreement. 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. L. Lacy Act; Magnuson-Stevens Fishery Conservation and Management Act; Migratory Bird Treaty Act; and Endangered Species Act. Grantee certifies that to the best of its knowledge, it, its principals,agents,recipients,subrecipients,contractors and subcontractors,are in compliance with,and gives its assurance that said parties will continue to remain in compliance with the Lacy Act, 16 U.S.C, 3371-3378; Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884; Migratory Bird Treaty Act, 16 U.S.C. 703-712; and Endangered Species Act, 16 U.S.C. 1531, et seq. By signing below, Grantee certifies the representations outlined above are true and correct. ATTEST: ♦ (J.�C-c. , Chairman Jeffrey R. Smith, Clerk of Court and (Signature and Title of Authorized Representative) cxnptroller BY: ••. Leona lien, Deputy Cle y, •• S�Ox/_-Wnrlian River County January 19. 2016 �o`�� •��; Grantee Date s . l 27th Street i (Street) �••9��ERCOUNlaero Beach, FL 32960 ••-••• (City, State, ZIP Code) ABOVE® AS TO FORil SF T gy v�a61 �1i', Ec'Rl,A�L Attachment B rev.6.15.15 Page 4 of 4 0EgU-,yr0Up4r-tAT 0KH,AY FWC Agreement No. 15120 Attachment C AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award, then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both State and Federal funds,then all provisions apply. MONITORING In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or contracted consultants,limited scope audits as defined by Section 200.331,OMB Uniform Guidance and/or other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. AUDITS PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following provisions apply: A. This part is applicable if the Grantee is a State or local government or a non-profit organization as defined in Sections 200.90,200.64, or 200.70, respectively, OMB Uniform Guidance. B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or program-specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by this Agreement. In determining the Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by Sections 200.500-200.521, OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB Uniform Guidance, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part 1, paragraph A. herein, the Grantee shall fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB Uniform Guidance. This includes,but is not limited to,preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after Attachment C rev.6.15.15 Page 1 of 6 FWC Agreement No. 15120 December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from Grantee resources obtained from other than Federal entities). E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance findings related to contracts with the Commission shall be based on the contract requirements,including any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB Uniform Guidance audit reports. F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. G. If the Grantee expends less than$500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521,OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521,OMB Uniform Guidance,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from the Grantee's resources obtained from other-than Federal entities). H. A web site that provides links to several Federal Single Audit Act resources can be found at: http://harvester.census.gov/sac/sainfo.html PART H: STATE FUNDED. If this Agreement includes State funding, then the following provisions apply: This part is applicable if the Grantee is a non-state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of$500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Contract. In determining the state financial assistance expended in its fiscal year,the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Attachment C rev.6.15.15 Page 2 of 6 FWC Agreement No. 15120 C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Grantee expends less than $500,000.00 in state-financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S.,the cost of the audit must be paid from the non-state entity's resources (i.e.,the cost of such an audit must be paid from the Grantee's resources obtained from other-than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: https:Happs.fldfs.com/fsaa/. E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S.Meridian St. Tallahassee,FL 32399-1600 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the following at the address indicated: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S.Meridian St. Tallahassee,FL 32399-1600 2. The Federal Audit Clearinghouse designated in Section 200.512,OMB Uniform Guidance(the reporting package required by Section 200.512,OMB Uniform Guidance, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 10`h Street Jeffersonville,IN 47132 3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB Uniform Guidance. B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the audit report, indicate the date that the Grantee received the audit report); copies of the reporting Attachment C rev.6.15.15 Page 3 of 6 FWC Agreement No. 15120 package described in Section 200.512, OMB Uniform Guidance, and any management letters issued by the auditor; copies of reports required by Part Il 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 Il of this Attachment, including any management letters issued by the auditor, shall be submitted by or on behalf of the Grantee directly to each of the following: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S.Meridian St. Tallahassee,FL 32399-1600 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee,FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521, OMB Uniform Guidance,Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. Grantees and sub-Grantees,when submitting financial reporting packages to the Commission for audits done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee in correspondence accompanying the reporting package. -End of Attachment C— Attachment C rev.6.15.15 Page 4 of 6 FWC Agreement No. 15120 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Pro rams Funds CFDA# CFDA Title Amount 15.611 Wildlife Restoration and Basic Hunters Education $144,000 Total Federal Awards $144,000 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal,Pro ram(s) Compliance Requirements CFDA# Compliance Requirements 15.611 Grantee is required to meet grant requirements stated in Federal Grant Award FL-W-F14AF01077. STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Matching Funds Provided b CFDA CFDA# CFDA Title Amount of Matching Funds Total Matching Funds Associated with Federal Programs SUBJECT TO SECTION 215.97,FLORIDA STATUTES: State Project(s) CSFA# CSFA Title Amount Total Federal Awards Attachment C rev.6.15.15 Page 5 of 6 FWC Agreement No. 15120 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: State Project(s) Compliance Requirements CSFA# Com fiance Requirements NOTE: Section 200.513, OMB Uniform Guidance(2 CFR 200),as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Grantee. -End of EXHIBIT 1 - Attachment C rev.6.15.15 Page 6 of 6 FWC Contract No. 15120 Attachment D COST REIl"URSEMENT 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: 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. (2) Fringe Benefits: 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. (3) Travel: 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 Page 1 of 1 FWC Contract No. 15120 Attachment E INVOICE Billed to: Invoice No. Invoice Date: Florida Fish and Wildlife Conservation Commission FWC Contract No. Hunter Safety and Public Ranges Section Amount of Grant Award $ 620 S. Meridian Street Tallahassee, FL 32399-1600 Billing Period/ Dates of Service: Remit Payment to: From: Grantee: To: FEID#: Address: PROJECT COSTS: In-Kind Services—Non-cash expenses: Amount In-kind service: Administration $ In-kind service: Project Management $ In-kind service: Other $ Deliverables/Services Provided (Scope of Work)—Cash expenditures Amount Total Project Cost: $ Grantee Share (_%): - $ Amount for Reimbursement: $ 1 hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Date: Project Manager Page 1 of 1 I FWC Contract No. 15120 Attachment F HUNTER SAFETY AND PUBLIC SHOOTING RANGES PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street,Tallahassee, FL 32399-1600 or fax to(850)413-7989. FWC Contract# Reporting Period(Month/Year): (Due 15 days after the end of each month) Grantee: Project Title: 1. Describe progress of project, including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion by Phase I due date? YES ❑ NO ❑ Anticipated Phase I completion date: (If project is not on schedule,please explain any problems encountered and/or possible delays) 3. Reporting requirements: (Check all that have been submitted to date) ❑ Bid package ❑ Bid tabulation ❑ Progress photographs ❑ Final photographs ❑ Draft acknowledgement Project Manager Date Print Name Phone Page i of 1 FWC Contract No. 15120 Attachment G • FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Hunter Safety and Public Shooting Ranges CERTIFICATION OF COMPLETION STATEMENT I, (Print Name and Title) representing (Name of Local Government) do hereby certify that the Hunter Safety and Public Shooting Ranges project funded by FWC Contract No. has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project. (Signature) (Date) WARNING "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree,punishable as provided in s. 775.082 or s. 775.083." § 837 06,Florida Statutes. CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the terms of the Agreement. Division: By: Date: Name: Title: Attachment H PS�,ktiT OF J�F United States Department of the Interior Vf P O p FISH AND WILDLIFE SERVICE 1875 Century Boulevard Atlanta.Georgia 30345 JUL 3 8 2014 IN REPLY REFER 70 FWS/R4/WSFR Mr.Nick Wiley,Executive Director Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 DearMr�.ile� d//"Cit The Grant Award for F l 4AF01077, "Indian River County Shooting Range Hunter Education Classroom," has been approved effective August 1,2014. The Grant Award is conditionally approved for the period from August 1,2014 to.lune 30,2015 in the amount of$192,000 of which the Federal Share is$144,000; however; only$19,200 of the Federal share has been authorized at this time. The remaining Federal share balance of$172,$00 is contingent upon our receipt and approval of site/project specific environmental compliance documents. When these documents have been completed,you must attach these documents to an amendment of the Grant Award requesting the remaining funds. Your request to account for program income using the additive method is approved. Special Conditions to this Grant Award include, but are not limited to: Annual Interim Fiscal and Project Performance Reports are due no later than September 28,2015. For Failure to Report: In accordance with the U.S. Fish and Wildlife Service Manual chapter 516 FW 2 Performance Reporting for Grant and Cooperative Agreement Awards,failure to submit reports by the required due dates may result in the following progressive actions, including but not limited to: a) notifying your State Director in writing that a Financial Status and/or Project Performance Report was not received; b) withholding cash payment pending receipt of the required report(s); c) denying the use of Federal funds and all forms of matching funds; d) whole or partial suspension, or termination of the current grant award; e) withholding of future awards for the program; and, f) other legal actions as stated in the interim guidance. Grant Approval Level is determined to be at the Grant Level. Your agency should track performance and costs at this level and report them in the Final Performance Report. Ten Percent Waiver: In accordance with Service Manual Part 522 FW 23 (May 22, 2006),this Grant Award is not subject to the prior written approval requirements of 43 CFR 12.70(c)(1)(ii) Therefore,funds greater than 10 percent of Grant Award total may be transferred among direct cost categories, or,if applicable,among separately budgeted programs, projects, functions, or activities without prior approval. I NEPA,SHPO and Section 7: Site/project specific NEPA, SHPO, Environmental Action Statement,and Section 7 evaluations will need to be completed before site work begins. An amendment to the grant award should be submitted with completed environmental compliance documentation and approved before any construction project begins. Equipment Purchased with grant funds must be used for the purpose for which it was acquired during and after the grant period. When the equipment is no longer needed for the original program or project, the equipment may be used in other activities currently, or previously supported by the Federal agency. If the expected life of the equipment is longer than the grant award period, we request that information on the future use of the equipment be included in the Final Report(see Special Conditions document for additional guidance). Terms of Acceptance: Per http://www.doi.gov/pam/programs/financial assistance/TermsandCondit ions.cfm, acceptance of a Federal Financial award from the Department of the Interior(DOI)carries with it the responsibility to be aware of and comply with the terms and conditions of the award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to, and as approved by DOI and are subject to the terms and conditions incorporated either directly or by reference to the following: Program legislation/regulation,Assurances, Special Conditions and Code of Federal Regulations and other Regulatory Requirements, as applicable. Grantees are also required to comply with the requirements for safeguarding the integrity of scientific and scholarly activities as listed in the recently published Department Manual Chapter 305 DM 3. Copies of the Grant Award documents have been e-mailed to your grant coordinator. Please contact me at (404)679-4154 or Mr. Wayne Waltz at(843) 727-4707 ext. 225, if you have any questions. Sincerely yours, Michael L. Piccirilli Chief—Wildlife and Sport Fish Restoration T A rf� ansz88 United States Department of the Interior FISH AND WILDLIFE SERVICE °RCM 3 'sa� 1875 Century Blvd Atlanta,Georgia 30345 In Reply Refer To: JUL 01 2015 FWS/R4/WSFR Mr.Nick Wiley, Executive Director Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee,Florida 32399-1600 DUNS#: 838103893 Subject: Notice of Grant Award for F I4AF01077,Amendment 1 Dear Mr. /ey. /`.' C-4- Your -kYour organization's application for Federal financial assistance amendment titled"Indian River County Shooting Range Hunter Education Classroom"submitted to the U.S. Fish and Wildlife Service;CFDA Program 15.611 is approved effective June 14,2015. This award is made under the authority of the Pittman-Robertson Wildlife Restoration Act of 1937, 50 Stat. 917 as amended; 16 U.S.C. 669-669k; Pittman-Robertson Wildlife Restoration and Dingell-Johnson Sport Fish Restoration Acts, Title 50,Part 80. This award is made based on Service approval of your organization's SF 424 signed on June 12,2015 and the project proposal, hereby incorporated by reference into this award. Per your request this amendment will increase the duration of the grant. The grant award is approved for the period from August 1, 2014 to June 30,2017 in the amount of $192,000 of which the Federal Share is$144,000. Only allowable costs resulting from obligations incurred during the project period and any authorized pre-award costs may be charged to this award. All obligations incurred under the award must be liquidated no later than 90 calendar days after the end of the project period. You must submit a written request to the Service at r4federalassistance@fws.gov before the end of the stated project period if you need more time to liquidate all obligations. Payment Information: Use the information below to identify our award funds at: www.asap.gov. ASAP Funding Federal % of State Share % of Total Award Accounting Sub Share Federal State Information Pro ram Share Share 1229300 5221 Obligated $144,000 75% $48,000 1 25% $192000 Totals: 1 $144,000 75% $48,000 25% 1 $192,000 i i Mr. Wiley 2 Reporting Due Dates: Report Title Report Period: Due Date Interim Performance Report 8.1.14-9.30.15 12.29.15 Interim Federal Financial Report 8.1.14-9.30.15 12.29.15 Interim Performance Report 10.1.15-9.30.16 12.29.16 Interim Federal Financial Report 8.1.14-9.30.16 12.29.16 Final Performance Report 8.1.14-6.30.17 9.28.17 Final Federal Financial Report 8.1.14-6.30.17 9.28.17 All Reports should be sent to r4federalassistance@fws.gov Acceptance of this financial assistance award carries with it the responsibility to be aware of and comply with the terms and conditions,attached, applicable to the award. In addition,the following Special Conditions apply: Special Conditions and Provisions: Grant Approval Level is determined to be at the Grant Award Level. Your agency should track costs at the grant award level and report them in the Final Financial Report. Equipment Purchased with grant funds must be used for the purpose for which it was acquired during and after the grant period. When the equipment is no longer needed for the original program or project, the equipment may be used in other activities currently, or previously supported by the Federal agency. If the expected life of the equipment is longer than the grant award period,we request that information on the future use of the equipment be included in the Final Report. Proiect Contacts: The Service Project Officer for this award is: The Recipient Project Officer for this award is: Mr. Wayne Waltz Mr. Philip Stone USFWS Florida Fish and Wildlife Conservation Commission 176 Croghan Spur Rd., Ste. 200 620 South Meridian Street Charleston, SC 29407 Tallahassee, Florida 32399-1600 (843)727-4707 Ext. 225 (850)413-0084 wayne waltz@fws.gov Phi li T.Stone m c.com Copies of the Grant Award documents have been e-mailed to your grant coordinator. Please contact me at(404)679-4154 or Wayne Waltz at(843) 727-4707 ext. 225 if you have any questions. Sincerely yours, 71,k �� Michael L. Piccirilli Chief-Wildlife and Sport Fish Restoration Program Enclosure C�PS�ENT OF United States Department of the Interior F. 9 �? O FISH AND WILDLIFE SERVICE —s9 1875 Century Boulevard 4Rc" ' 'e Atlanta,Georgia 30345 SEP -12015 In Reply Refer To: FWS/R4/WSFR Mr. Nick Wiley; Executive Director Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 DUNS #: 838103893 Subject: Notice for—Grant Award FL W-F14AF01077 Dear Mr. i etiey: �� ti, This is to notify you that we have modified your organization's Federal financial assistance award titled"Indian River County Shooting Range Hunter Education Classroom" submitted to the U.S. Fish and Wildlife Service (Service) CFDA Program 15.611 and conditionally approved, effective August 1, 2014. This grant award is now fully approved, and this letter serves to remove the Special Conditions placed on the original grant award and approves construction of an educational classroom at Indian River shooting range. Pro'ect Contacts: The Service Project Officer for this award The Recipient Project Officer for this award is: is: Mr. Wayne Waltz Mr. Philip Stone USFWS Florida Fish and Wildlife Conservation 176 Croghan Spur Rd., Ste. 200 Commission Charleston, SC 29407 620 South Meridian Street (843) 7274707 Ext. 225 Tallahassee, Florida 32399-1600 wayne_waltz@fws.gov (850) 413-0084 Phi li T.Stone cLmvfwc.com Copies of the Grant Award documents have been e-mailed to your grant coordinator. Please contact me at (404) 679-4154 or Wayne Waltz at(843) 727-4707 ext. 225 if you have any questions. Sincerely yours, Michael L. Piccirilli Chief-Wildlife and Sport Fish Restoration Program i February 4, 2016 Florida Fish and Wildlife Mr. Richard B. Szpyrka, P.E. Conservation County Engineer Commission Indian River County 1801 27th Street, Building A Commissioners Vero Beach, FL 32960 Brian S.Yablonski Chairman Tallahassee RE: Indian River County Shooting Range Hunter Education Classroom Aliese P."Liesa"Priddy Vice Chairman FWC Contract No. 15120 Immokalee Ronald M.Bergeron Dear Mr. Szpyrka: Fort Lauderdale Richard Hanas Oviedo Enclosed please find one fully executed original FWC Contract Number Bo Rivard 15120 between the Florida Fish and Wildlife Conservation Commission and Panama City Indian River County. This Agreement provides for the granting of federal Charles W.Roberts III Tallahassee funds to Indian River County for the development and construction of a Robert A.Spottswood hunter safety classroom to be located on the Indian River County Public Key West Shooting Range. Executive Staff Should you have any questions or if I can be of further assistance please do Nick Wiley not hesitate to call me at 850/617-9546. Executive Director Eric Sutton Assistant Executive Director Sincerely, Jennifer Fitzwater Chief of Staff Division of Hunting and Game Management Rosa M. Torres Diane Roth Eggeman Operations and Management Consultant Director Division of Hunting and Game Management (850)488-3831 Rosa.Torres@myfwc.com (850)921-7793 FAX Managing fish and wildlife resources for their long-term /RMT well-being and'the benefit of people. Enclosure 620 South Meridian Street >, Tallahassee,Florida - t� 32399-1600 Voice:(850)488-4676 J' CSU Hearing/speech-impaired: ._,NG„,NEE-'clNG C:)U N (800)955-8771(T) (800)955-8770(V) MyFWC.com