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HomeMy WebLinkAbout2000-2954W FWCC GRANT NO. oe o V FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES FLORIDA ARTIFICIAL REEF PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, Division of Marine Fisheries, whose address is 620 South Meridian Street, Bryant Building, Sox MF -MFM, Tallahassee, Florida 32399-1600 (hereinafterreferred to as the "Commission") and the INDIAN RIVER COUNTY BOARD OF COUN'T'Y COMMISSIONERS, whose address is 1840 25"1i Street, Vero Beach, Florida 32960 (hereinafter referred to as the "County"). Whereas, the Commission has received funds under a 2000-2001 grant (F0004) from the U. S. Fish & Wildlife Service Federal Aid in Sport Fish Restoration Program (CFDA No. 15.605) in support of the Commission's marine artificial reef planning, assessment and development in Florida (F42 -Segment 15), and Whereas, Section 370.25, Florida Statutes, created an artificial reef program within the Commission to, in part, provide grants and technical assistance to eligible local coastal governments and nonprofit corporations for developing, monitoring, or evaluating saltwater artificial reefs; and Whereas, the County is a local coastal government and qualifies to receive artificial reef grant funding in accordance with Section 370.25(4), Florida Statutes; and Whereas, Chapter 62R-9, Florida Administrative Code, contains rules for this grant program; and Whereas, the County agrees to perform the services described herein, or hereinafter authorized upon the terms and conditions slated; and Therefore, in consideration of the mutual benefits to be derived herefrom, the Commission and tite County do hereby agree as follows; The Commission does hereby authorizc the County to perform the saltwater artificial reef' project as defined herein and the County does hereby agree to perform such services upon the terms and conditions set forth in this Agreement all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The County shall perform the services in a proper and satistaclory manner as determined by the Commission. Any and al I equipment, products, or materials necessary to perform this Agreement shall be supplied by the County or its subcontractor, unless otherwise specified herein. As consideration for the saltwater artificial reef project as described in Attachment A (Scope of Services), completed by the County under fire terms of this Agreement, the Commission shall pay the County a sum not to exceed $20,000 on a cost reimbursement basis. After completion of the project, the County agrees to submit a single Request for Payment (Attachment B). The County will provide all required ctose-out documentation to the Commission's Project Manager within tarty -five (45) days after the ending date of the Agreement. The County's Project Manager shall certify, under penalties of perjury compliance with provisions of this Agreement, through the submission ofa Certification of Page l of 8 FWCC GRANT NO. oe o V FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES FLORIDA ARTIFICIAL REEF PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, Division of Marine Fisheries, whose address is 620 South Meridian Street, Bryant Building, Sox MF -MFM, Tallahassee, Florida 32399-1600 (hereinafterreferred to as the "Commission") and the INDIAN RIVER COUNTY BOARD OF COUN'T'Y COMMISSIONERS, whose address is 1840 25"1i Street, Vero Beach, Florida 32960 (hereinafter referred to as the "County"). Whereas, the Commission has received funds under a 2000-2001 grant (F0004) from the U. S. Fish & Wildlife Service Federal Aid in Sport Fish Restoration Program (CFDA No. 15.605) in support of the Commission's marine artificial reef planning, assessment and development in Florida (F42 -Segment 15), and Whereas, Section 370.25, Florida Statutes, created an artificial reef program within the Commission to, in part, provide grants and technical assistance to eligible local coastal governments and nonprofit corporations for developing, monitoring, or evaluating saltwater artificial reefs; and Whereas, the County is a local coastal government and qualifies to receive artificial reef grant funding in accordance with Section 370.25(4), Florida Statutes; and Whereas, Chapter 62R-9, Florida Administrative Code, contains rules for this grant program; and Whereas, the County agrees to perform the services described herein, or hereinafter authorized upon the terms and conditions slated; and Therefore, in consideration of the mutual benefits to be derived herefrom, the Commission and tite County do hereby agree as follows; The Commission does hereby authorizc the County to perform the saltwater artificial reef' project as defined herein and the County does hereby agree to perform such services upon the terms and conditions set forth in this Agreement all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The County shall perform the services in a proper and satistaclory manner as determined by the Commission. Any and al I equipment, products, or materials necessary to perform this Agreement shall be supplied by the County or its subcontractor, unless otherwise specified herein. As consideration for the saltwater artificial reef project as described in Attachment A (Scope of Services), completed by the County under fire terms of this Agreement, the Commission shall pay the County a sum not to exceed $20,000 on a cost reimbursement basis. After completion of the project, the County agrees to submit a single Request for Payment (Attachment B). The County will provide all required ctose-out documentation to the Commission's Project Manager within tarty -five (45) days after the ending date of the Agreement. The County's Project Manager shall certify, under penalties of perjury compliance with provisions of this Agreement, through the submission ofa Certification of Page l of 8 Completion Statement (Attachment Q. Said Certification of Completion Statement shall be submitted with the close-out documentation. An itemized listing by category of all expenditures claimed along with supp ort ing doe umentation for each amount is required. All itemized paid invoices/receipts clearly reflecting date(s) of service and submitted along with copies of canceled checks (or check numbers and certification of payment by the County) for reimbursement shall, under this Agreement, be submitted in detail sufficient for a proper pre -audit and post -audit thereof, as required by the Commission. 4. This Agreement shall become effective upon execution by both parties and end on June 30. 2001, inclusive. The saltwater artificial reef project described in Attachment A must be completed by the expiration date of this. Agreement. In accordance with Section 287.058(2), Florida Statutes, for contractual services exceeding the amount provided in Section 287.017, Florida Statutes for Category Two, the County shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement. In the event the saltwater artificial reef project is not complete by the expiration date of the Agreement, the Commission will have the right to cancel its obligations of any and all financial assistance granted for the said saltwater artificial reef project. The Commission and the County fully understand and agree that there shall be no reimbursement of funds by the Commission for any obligation or expenditure after the expiration date of this Agreement. 5. The State of Florida's performance and obligation topayunderthis Agreement, ifthe Agreement period extends into a new fiscal year, is contingent upon an annual appropriation by the Legislature and certification of the saltwater artificial reef project funds forwarded in the FCO Grants category. G. Pursuant to Section 215.422, Florida Statutes, the Commission's Project Manager shall have five (5) working days, unless bid specifications or this Agreement specifies otherwise, to inspect and approve a request for payment upon receipt of a complete and accurate request for payment package. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date a complete request for payment package is received and approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Commission's Fiscal Section at (850) 488-3323 or the Purchasing Office at (850) 488-3428. Payments made to health care providers for hospitals, medical, or other health care services, shall be made not more than thirty-five (35) days from the date ofeligibility for payment is determined, and the daily interest rate is 0.03333%. invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payments) from the Commission may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 7. In accordance with Section 287,134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real properly 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. 8. Each party hereto agrees that it shall he solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by the Commission of its sovereign immunity or the provisions of Section 768.28, Florida Statutes The Commission shall have no liability except as specifically provided for in this Agreement. Page 2 of 8 MR +! t 9. The Commission may terminate this Agreement at any time in the event of failure of the County to fulfill any of its obligations under this Agreement. Prior to termination, the Commission shall provide the County written notification of any performance failures and the County shall have ten (10) calendar days, from receipt of notification, to consult with the Commission regarding the reason(s) for termination. If the parties cannot reach an agreement on the corrective measures to be taken and the schedule forcorrective action, the Commission may terminate thisagreementby providing a minimum of fifteen (15) calendar days written notice to the County. Said notice shall specify the effective time and date of termination. Either the Commission or the County may terminate this Agreement for convenience by providing a minimum of ten (10) days written notice which clearly describes the basis for termination. Notice shall be sufficient if delivered personally or by certified mail to the Project Managers at the addresses set forth in paragraph 10. 10. Any and all notices shall be delivered to the Project Managers at the following addresses Commission: Thomas Matter, Environmental Specialist III Division Of Marine Fisheries 620 South Meridian Street, Box MF -MFM Tallahassee, Florida 32399-1600 m ahertCa? a fc.state. fl. u s (850) 922-4340 (850) 922-0463 FAX County: Jonathon Gorham, Environmental Analyst Indian River County 1840 2501 Street Vero Beach, Florida 32960 J orharnl bec.co.indian-river.fl.us (5 61) 567-8000, ext. 568 (561) 770-5403 FAX 11. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records under general law. This Agreement may be unilaterally canceled by the Commission for refusal by the County to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. 12. The administration of funds awarded by the Commission to the county may be subject to audits and/or monitoring by the Commission, as described in this section. a. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, monitoring procedures may include, but not be limited it., on-site visits by Commission staff, Limited scope audits as defined by DMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the County agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the commission. In the event the Commission determines that a limited scope audit of the County is appropriate, the County further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. b. In the event that the County expends $300,000 or more in Federal awards in its fiscal year, the County must have a single or program -specific audit conducted in accordance with the provisions ofOMBCirrularA-133, as revised. EXHIBIT to this Agreement indicates Federal funds awarded through the Commission by this Agreement. In determining the Federal awards Page 3 of 8 • r expended in its fiscal year, the County shall consider all sources of Federal awards, including Federal funds received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the County conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. C. In connection with the audit requirements addressed in Paragraph 12(b), the County shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofQMB Circular A-133, as revised. d. If the County expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the County expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, tine cost of tile audit roust be paid from non -Federal funds (i.e., the cost of such an audit must be paid from County funds obtained from other than Federal entities). e. Copies of audit reports conducted in accordance with OMB Circular A-133, as revised, and required by Paragraph 12(b) of this Agreement shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the County directly to the following: The Commission at the following address: Thomas Maher, Environmental Specialist III Division of Marine Fisheries 620 South Meridian Street, Box MF -MFM Tallahassee, Florida 32399-1600 ii. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101" Street Jeffersonville, IN 47132 iii. The Commission's Audit Director at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 13$ 620 South Meridian Street Tallahassee, FL 32399-.1600 iv. Other Federal agencies and pass-through entities in accordance with. Sections .320(c) and (f), OMB Circular A-333, as revised. f. Pursuant to Section .320(f), OMB Circular A- 133, as revised, the County shall submit a copy of the reporling package described in Section .320(c), OMB Circular A-1 33, as revised, and any management letters issued by the auditor, to the Commission, at each of the following addresses: Page 4 of 8 Thomas Maher, Environmental Specialist III Division of Marine Fisheries 620 South Meridian Street, Box MF -MFM Tallahassee, Florida 32399.1600 Audit Director Florida Fish and. Wildlife Conservation Commission Bryant Building, Rohm 138 620 South Meridian Street Tallahassee, FL 32399-1660 13. The County shall retain sufficient records demonstrating its compliance with the terms of this. Agreement for a period of three (3) years from the date the audit report is issued, and shall allow the Commission or its designee, access to such records upon request, The County shall ensure that audit working papers are made available to the Commission or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Commission. In the event any work is subcontracted, the County shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 14. The County covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 15. 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 hereon or in connection herewith shall be brought in Leon County, Florida. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy other available under the law. As consideration for this Agreement, the parties hereby waive any right to 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 to, this Agreement. 16. No delay or failure to exercise any right, power, or remedy accruing to either party upon breach or default by either -party under this Agreement, shall impair any such right, power, or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 17. The County recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on goods or services purchased under the terms of this agreement, 18. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third party without the mutual written agreement of the parties hereto. 19. 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. 20. The County shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Commission's Project Manager. The County agrees to be responsible €ot the Page 5 of 8 40 A • fulfillment of all work elements included in any subcontract consented to by the Commission and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the County that the Commission shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the County shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 21. To the extent required by law, the County will either be self-insured for Worker's Compensation Claims, or will secure and maintain during the term of this Agreement, Workers' Compensation Insurance for all of its officers, employees, servants, and agents connected with this project. If any work is subcontracted, the County shall require lite subcontractor to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the County. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of workers engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the County shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Commission, for the protection of those workers not otherwise protected. Insurance coverage obtained by the County or any subcontractor obtained in compliance with this Agreement must be with an insurance company authorized by the Florida Department of Insurance to do business in Florida. Any subcontractor for the County shall be required by the County to provide the Commission with a copy of a certificate of insurance or other proof of the coverages required herein prior to the initiation of any services under this Agreement. The subcontractor's certificate of insurance or other assurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice to the Commission's Project Manager. 22. The County warrants and represents that it possesses liability insurance, appropriate and allowable under Florida law, and that such insurance offers protection applicable to the County's officers, volunteers, servants, and agents while acting within the scope of their work with the County. 23. In accordance with Section 21 6.347, Florida Statutes, the County is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, lite judicial branch or a state agency. Pursuant to the Lobbying Disclosure Act of 1995, the County 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. 24. The Commission may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g„ specification, method of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase in the dollar value or expiration date shall require formal amendment to this Agreement. Formal amendments to this Agreement require a written request from one of the Project Managers at least forty-five (45) days prior to the ending date of this Agreement. 25. The employment of unauthorized aliens by any subcontractor/vendor is considered a violation of Section 274A(c) of lite Immigration and Nationality Act. If the subcontractor/vendor knowingly employs unauthorized -aliens, such violation shall because for unilateral cancellation ofthis Agreement. The County shall ensure that this limitation is provided in all subcontractspertaining to work underthis Agreement. 26. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantce, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess Page 6 of 8 • 40 • IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duty executer], the Clay and year last written below. INDIAN RIVER COUNTY BOARD OF FLORIDA FISH AND WILDLIFE COUNTY COMMISSIONERS CONSERVATION COMMISSION By: 6 By: (County authorized Signatory*) (Print Signatory's Name and Title) Date: October 3, 2000 Date. b `-,:,—st , (Address) t a1-j.2Ebo (City, State, and Zib Code) Director, Division of Marine Fisheries or Designee - 4�, t - ,_a o Ca� Approved as to form and legality: (Federal niployer Identification Number) Commis n Attorney Indian River County Board of County Commissioners Reimbursement Check Remittance Address: � �ash61 (Address) " I _:-1. oa9G6 (City, State, and Zip Code) *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the County must accompany the Agreement. List of Attachments included as part of this Agreement: Attachment A Scooc of Services Attachment B Reciu q for Payment Attachment C Certification of Completion Statement Attachment. D USFWS State Grant Programs Part 523 federal Aid Compliance Requirements I-xhihit I Florida Single Audit Act, Federal Funds Awarded through the Commission C WJ-Dxsunauh."000mce rw�ai r-, icor wpd Page 8 of & Indian River County Approved Date Administration Budget Legal Risk Management Department j y Division I / ATTACHMENT A (Scope of Services) i. The Commission has awarded funds under this Grant Agreement to complete the following saltwater artificial reef project: Complete two major monitoring events (including fish census with the total count technique) at each of four separate patch reefs to compare the fish assemblages on both fished and un -fished artificial reefs. The patch reefs were constructed under Grant Agreement FWCC-99087. The patch reefs to be monitored are located in permitted Sites 2,3 and 4 which are situated approximately 13 nautical miles east of Sebastian Inlet. Data analyses will include statistical tests for differences in fish abundance and diversity. A final report acceptable to the Commission will be submitted for approval on or before June 15, 2001. 2. Funds from this Agreement may only be expended by the County on the expenses as listed in the applicant's Research Proposal submitted to the Commission on April 28, 2000. 3. The County agrees to allow the Commission to conduct inspections of the saltwater artificial reef project at any time throughout the duration of the project. 4. Written progress reports must be sent to the Commission's Project Manager at sixty (60) days intervals following the execution date of this ?agreement. REST OF PAGE INTENTIONALLY LEFT BLANK 40 r ATTACHMENT B FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES BUREAU OF MARINE FISHERIES MANAGEMENT ARTIFICIAL REEF PROGRAM REQUEST FOR PAYMENT Grantee: Project Title: Grant Agreement: 'Pilling Number: Billing Period: Amount of Funds Appropriated Amount of Reimbursement Requested Less Previous payments Amount of Funds Remaining CERTIFICATION: I certify that this billing is correct and just, and is based on actual obligation(s) of record by the project sponsor; that the work and/or other services are in accordance with the Fish and Wildlife Conservation Commission, Division of Marine Fisheries Grant Agreement (including any amendments thereto), and that the progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Individual with Signatory Authority Title (printed) Signature of Authorized Individual Date Approved for Payment by: Commission Project Manager Gate Rev. 12/99 Cil CU representing ATTACHMENT C FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES ARTIFICIAL REEF PROGRAM CERTIFICATION OF COMPLETION STATEMENT (Printed Name and Title) (Name of Local Government or Nat -For -Profit Corporation) do hereby certify under penalties of periury per § 216.349, Florida Statutes, that the artificial reef project funded by Grant Number FWCC - has been completed in compliance with all terms and conditions of said Grant Agreement. Rev. 12199 (Signature) (Date) C7 40 40M , ATTACHMENT f) FISH AND Y41LOLIFE SERVICE STATE GRANT PROGRMi stale grant prograingRad 5 eller melLango B2RVILQm W. Chapter 1 Summary523 FW 1.1 1,1 Purpose, The purpose of this chapter is to summarize guidance on those requirements generally applicable to grant programs. 1.2 Applicability and Scope. In accepting Federal funds, States and other granleos must comply with all applicable Federal laws, regulations, and policies. This chapter Is not all-inclusive. Exclusion of any specific requirement does not relieve grantees of their responsibility for compliance. Gopios of reference materials can be obtained from the Regional Offices. Guidance on the following requirements Is conlained in this chapter, A. Nondiscrimination Requirements. Title VI of the Civil Right's Act of 1964 Section 504 of the Rehabilitation Act of 1973 Age Discrimination Act of 1975 Title IX of the Education Amendmonts of 1972 B. Environmental Requirements. Coastal Lone hianagemenl Act of 1972 Execulivo Order 11967, Exotic Organisms Endangered Species Act of 1973 National Environmental Policy Act of 1969 (NEPA) Floodplains and Wetlands Protection Animal Wellaro Act of 1985 Coastal Barrier Resources Act of 1982 C. Historic and Cultural Preservation Requirements. National Historic Preservation Ac of 1966 D. Administrative Requirements. Unrlorm Relocation Assislance and Real Property Acquisition Policies Acl of 1970 Debarment and Suspension Drug-Froe Workplace Act of 1906 Resl0ction5 on Lobbying (P.L. 101.121) 1.3 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)). A. Summary. Prohibits discrimination based on race, color or national origin in any 'program or activity receiving Federal financial assistance' O, Rolerencos. (1) Regulations of the Department of the Interior (43 CFR Part 17) 121171512 FVIM 061 Nei, (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S, Fish and Witdiffe Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may nol, on the basis of race, color, or national origin, sefecl, locate, or opora!e project facilities which will serve to exclude or limit opportunity for use or benefits. (2) Grantees shall me'r.e reasonable efforts to inform the public or opportunities provided by Federal Aid projects and shall inform Ihu public that the projects are subject to Title VI compliance. (3) Though employment practices are not in themselves subject to Title VI, Title Vt does apply to employment which may allect the delivery of services to beneficiaries of a federally assisted program. For the purpose, bi Title Vt. volunteers or other unpaid persons who provide services to the public are included. 1.4 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C, 795) A. Summary. Er,c-,r.•es that no qualified handicapped person shall, on 1'`a basis of handicap, be excluded Irom participation in, be d -lied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. H. References. (1) Regulations c' lie D?parlment of the Interior [43 CFR Part 17) (7.) U.S Fish an- ddli!-] Service Guidelines for Compliance wth Federal iion.:;-s:rr^inalron Requirements (3) U.S rrsn a-,:: Vlilytdi- Servicc Fe�zrally Assisted i -r a -ram I a p, r= ,._,ren Picn C- Requirements. (1) Grantees ma; r,3. deny a qualified handicapped parson the opportunity Ic ,arlitipate inc; ben2lla from Federal Aid profecl faalrtres c • s-e'vices afforded to others. (2) Grantees ma,r r,Y. deny a qualified handicapped p-rson the opportunity l- ;?rticipele as a member of a planning or advisory teard (3) The localien c' la_ihGes shall not have the offecl of excluding hand :s,;,_d persons hom, deny them the banebts of, or otherwise s_bfecl Inern to discrimination under any Federal Aid pro;act 1.5 Age 01scrlm..rnation Act of 1975 (42 U.S.C. 6101) STATE GRANT AROGRAMS FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS Stets Grant ProorAms art 5? Federal bIrl r—i4-- 13,, ulreme Cbepler t . 5, 3 FW 1,5A A. Summary, Prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. B, References. (1) Regulations of the Department of file Interior (43 GFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlile Service Federally Assisted Program Implementation Plan C. Requirements, No person in the United States shall, on the basis of age, be excluded from participalion in, be denied the benefits of, or be subjected to discrimination under any Program Of activity receiving Federal financial assistance. However, a grantee is permitted to lake an action otherwise prohibited if the action reasonably lakes into account age as a factor necessary to the normal opeiatfon or achievement of any statutory objective of a program Or activity. 1.6 Title IX of the Education Amendments 01 1972 (20 U.S,C, 1661, el.seq.) A. Summary, Prohibits discrimination on the basis of sex in any education program receiving Federal financial assistance, B. References, (1) Regulalions of the Department of the interior (43 CFR Part 17) (2) U.S. Fish and Witdlifo Service Guidelines for Compliance with Federal NandiscOmfnalion Requirements C. Requirements. NO person in the United States shall, on the basis of sex, be excluded lrom participation in, be denied the benefits of, or be subjected to discrimination under any edu_alron program receiving Federal financial assistance. Far lnF purpose o: Title IX, hunter education and aquatic education prajecl activities are considered educalion pfOgr ants. 1.7 Coastal Zone Alanagemont Act of 1972 (16 U.S,C. 1451 el. seq.) A. Summary. The Act is intended to,'preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nations coastal zone...' B.. References. Regulations of the Department of Commerce (15 Cr.R 939). C. Requirements. Federal Aid prajects, which would 'significantly aflecl the coastal Zeno' must be consistent with the approved Slate management programs developed under the Act. Prior to submiltmg a Grant Proposal for a project in the coastal zone of a State with an Approved Coastal Zone fdanagemonl Program, the proposed project must be reviewed for consistency with the management plan. Grantees may be required to submit a statement attesting to conformance with the Coastal Zone Management Plan. 1.8 Executive order 11987, ExOt[c Organisms, A. Summary. Federal agencies shall discourage the States from introducing exotic species into natural ecosystems o[ the United Slates. In addition, Federal agencies will restrict the use of Federal funds for the purpose of introducing exotic species into ecosystems Outside of the United States. B. References, Executive Order 11987, Exotic Organisms, 42 FR 26949 (Flay 25, 197 7) C. Requirements. (1) Any proposal for the introduction of an exotic species Into a natural ecosystem by a Slate fish and wildlife agency must include a biological opinion tram the U.S, Fish and Wildlife Service supporting the proposed introduction. (2) To Obtain a biological opinion, the State agency shall provide the Regional Director with a written request for the opinion together with any available information including, but not limited to. NEPA documents, biological data, and project plans. (3) After receiving a biological opinion, it will be the responsibility of the State agency to adhere to the recommendations outlined in that opinion. 1.9 Endangered Species Act Of 1973 (1s U.S. c. 1531.1534), A. Summery, Actions lunl:d under the Federal Aid prOgrams roust not jeOpard+ze the continued existence of any endangered or threalened species, or result in the dostruc6:Pn o: au,^erse rOd'r alien of the habitat of the species B. Reference. Se_leo i CC-Sdf:a:-an Requirements, 43 FR 870 (Jan 4, 19747 C. Requirements. The Ree oral Director must ensure that Federal Aid projects are not I-kely to jeopardize the continued exrslence of a wargered or threatened species or result tin the deslrc00n Or is;verse modification of critical habitat. Far projects which nay aftacl an endangered or threatened species, oith=_•r beneficially or adversely, a formal Section 7 consultalion is necessary The Slate is required to name the listed species a:1d"or critical habilat included; list 1110 name, description, and 10 alrOn of the area; list objectives of Ine a;l,ons, and provide an explanation of the impacts o' the aMJaS On a hs;ad Species or its critical habitat 1.10 National Environmental Policy Act of 1969 (41 U.S.C. 4321-4337). STATE GRANT PROGRAMS 4D i FISH AND WILDLIFE SERVICE 4:01 STATE GRANT PROGRAMS Steto Grant Prqafams Part 523 Federal Ald Compllence ReaulramonU Chapter 1 Summory _ _ 523 FW! 1.1 OAA A, Summary, Requires that every proposed Federal action be examined to determine the eliects (beneficial or adverse) it will have on the human environment and that the findings be considered in decisions regarding its Implementation. B. References. (1) Regulations of the Council on Environmental Quality implementing the procedural provisions of NEPA, (40 CFR 1500.1506), (2) Departmental Manual, Envlronmonlat Quality, Bart 516. (3) Fish and WJildtiie Service Manual, National Environmental Policy Act, Part 550, (4) National Environmental Policy Act Handbook for Federal Aid Projects. The Assistant Director -Fish and Wildlife Enhancement is authorized to promulgate the National Environmental Policy Act Handbook for Federal Aid Projects. C. Requirements, Each action proposed for Federal funding must include an Environmental Assessment (EA), Environmental Impact Statement (EIS), or show that the proposed activity is covered by one or more categorical exclusions. For specific requirements and procedures, see National Environmental Policy Act (NEPA) Handbook for Federal Aid Projects. 1.11 Floodplalns and Wetlands Protection. A. Summery, federal Aid funds may not be used for projects affecting floodplains or vretlands unless there is no practical alternative outside the floodplain or watland and only it actions are taken to minimize the adverse aflects. B. References. (1) Executive Order 11988, Floodplain fdanagernent, 42 FR 26951 (day 25, 1977). (2) Executive Ordar 11990, Protection of Wfetlands, 42 FR H961 llAay 25. 19771.. 13) Department of interior Procedures for Implementation, 520 0f,1 1. (4) Natural Resources Protection, 613 FW1. C. Requlremonts.. The Exocutivo orders on ffoodplains and v,erlands require Federal agencies to roviox proposed actions to ensure that there are no practical alternatives outside the itoodptain or wetland, and to ensure that potential harm is minimized. 11 there are no practical alternatives to proposed projects in Iloodplains or wallands, actions to minimize the adverse effects should be incorporated into the project plans_ 1.12 Animal Welfare Act a1 1985, 7 Uf S.C. 2131, et eeq. A. Summary, Requires the humane treatment of animals (exclusive of fish) used in research, experimentation, testing, and leaching 12117192FWM061 flow B. Reforonces. Regulations of the Department of Agriculture, Animal and Plant Health Inspection Sonvice (APHIS), 9 CFR Parts 1, 2 and 3 (54 FR 36112 (Aug. 31, 19B9). C. Roqulrements. Grantees who use Federal Aid funds to conduct covered management or research or who engage in interstata shipment of animals should contact the focal Animal and Plant Health Inspection Service (APHIS) office for instructions. A list at the APHIS offices may be obtained Irom the Regional Offices, t.f3 Coastal Barrlors Rosourcos Act of 1982 (16 U.S.C. 3581), as amended by the Coastal Barrier Improvement Act of 1990 (P.L, 101.591) A. Summery. The purpose of the Acts are '...fo minimize the loss of human life, wasteful expenditure of Fodwal revenues and damage to fish and wildlife, and other natural rosources associated vrith coastal barriers...` B. Roferonces. U.S. Fish and Wildlife Service Advisory ISuidelinas, 46 FR 4-664 (Oct. 6, 1983). C. Requirements. Activities conducted within a unit of the Coastal Barrier Resources System must moat the requirements of stiction 6 of the Act. Saction 6 requires consultation with the Service, via the appropriate Regional Office. 1,14 National Historic Preservation Act of 1966, 16 UJ S.C. 470. A. Summary. Fedaral agencies may not approve any grant unless the project is in accordance with national policies relating to the preservation of historical and cultural properties and resources. B. References. (1) Nalie al Regis;; --o! liis.oric Places (36 CFR 60). (2) Tris A,cneolc; -a' and H.stoac Preservation Act of 1974. 16 U.S.0 469a. (3) Procedures 1— the Protacuon of Historic and Cultural Properties (36 CFP, 600). (4) Determinations of Eligibility for Inclusion in the National Flegisicr o! ti sto: rc Places (36 CFR 63). (6) C titeoa far Comprehensive Statevrido Historic Surveys and Plans (36 CFF; 61)- (6) Cultural Res*.ices Protection, 514 FWl, C. Requirements, (1) States must consult %i,th the State Historic Preservation Ofl ce( (SHPD) t.: triose activities or projects that are dalinad as undertaFiags under the National Historic Preserva;ron Ac" An undertaking is dalinod as a project, activity, er progra that can rasull in changes in the SiA7E GRANT PROGRAMS 4D 40 40 FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS $1012 0 rant r nP rt 523 .. adoral AId C. rg r+,pllaitr,� flvAujleni me Chapter 1 Summer character or use of properties that are listed on or potentially eligible for listing on the National Register of Historic Places (National Register) and located within the project's area of potential aflecl. Undertakings include new and continuing projects, activities, or programs and any of their elements not previously considered under Section 106 of the National Historic Preservation Act. (2) In cases where a Federal Aid project has boon determined to be an undertaking, the Stale must notify, the appropriate Service Regional Director for guidance on how to proceed with Section 106 compliance. Based on the results of the consultation between the State and SH'PO, the Service will determine the need and level of inventory to identify, historic properlies that may be affected by the undertaking and to gather sufficient information to evaluate whether these properties are listed or are eligible lot listing in the National Register. (3) Where completed inventories indicate that Identified historic properties may be affected by the underlaking, the State shall be responsible for submitling the necessary documentation to the appropriate Regional Director for review. As necessary, the Service shall seek determinations at eligibility far those properties that are to be affected by the proposed activity, (4) Ii a Slate is advised by the SHPO that an undortaking will adversely affect a properly that is eligible for or listed on the National Register, the State shall ask the appropriate Regional Director to determine mea Sur as for mitigating of avoiding impacts. This may require the development of a memorandum of agreement among the Service, Stale, and Slate Historic Preservation Officer to address specific measures that will be employed to avoid or minimize adverse effects to historic praperlies located within the area of Potential effect. Adverse effects that may diminish the chara.�-r and integrity or historic properties inctuda: (a) Ph tical desl.u:tion, damage, or alt -ration of all or part of Ine property, (b) Isolation of the property from or alteration of tho character of file proporly's setting when that character cantr butes to the property's qualification for the National Register of Historic Places; (c) Introduction of visual, audible, or atmospheric elements Inat are out of character with the properly or alter its soiling; (d) Neglect of a properly resulting in its detcrioralion or destruction; and (e) Tianslor, lease, or sale of the historic properly. (5) If a previously unknown propotty that is eligible for listing on the National Register is discovered at any time during the implementation period of a Federal Aid projecf, true Regional Director must be notified and all actions which may adversely effect It must be suspended. The Service shall provide the Stale with instructions on how to proceed. 1.15 Uniform Relocation Assistance and Real Property Acquisition Pollclas Act 01 1070, as amended (42 U.S.C, 4601) A. Summary. Federal agencies may not approve any grant unless the grantee provides Assurances that it will comply wilts the Act. Prices fa be paid for lands or inlorests in lands must be fair and reasonable (except when the price Is fixed by law, or when the lands are to be acqul(ed at public auction or by condemnation and the value determined by the court). Persons displaced Isom their homes, businesses, and terms must receive relocation services, compensallon, and fair equitable treatment. B. References. (1) Department of Interior Uniform Relocation Assistance and Real Properly Acquisition Regulations (41 CFFf 11450), (2) Department of Transportation Uniform Relocation Assistance and RoalProperty Acquisition lot Federal and Federally Assisted Programs (49 CFR Part 24). C. Appraisal Requirements. (t) A real properly owner or his designated representative must be contacted prior to mating an appraisal and given an opporlunity to accompany the appraiser during 'inspection of the properly. The fact Ihal it occurred must be documented in project files and in the appraisal report. (2) Real property must be appraised, the appraisal report roviewed, and the lair market value established prior to initiation of negotiations with the ov.ner. (3) 11 the acquisilion of only peal of a property will leave the owner with an uneconomic fem..nan.. the Slate or other grantee Must otter to buy the r.rra'= c;ca_;tr The term uneconami: remnant' appy:: crr; f tc Tit •e hl of th- Act and the necessity of (no acquiring agen y to olier to purchase such a romainder or the entire property. It is not to be construed with the lean 'uneconomic unit' as it applies to the in -lieu payment of ferrn a e:ahe�s under Title 11 of the Act D. Negollation Requirements. (1) An owner or 11i6 designat_d repr=sonlative must be provided, in person or by cerI04od mail, a written statement of just compensation as de;err,ined in the appraisal process. Oilers al compensation Cannot be lass than the approved appraisal of lair market value of such properly. 11 only a pollion of tha evmar's property is being taken and the owner is left with an uneconomic Rmr,anl, the agency must offer to buy the whole propolty. (2) Reimbursement to a feat p;opetty oa+nor for costs 10 convey a title must include. STATE GRAFIT PROGRAMS C� 40 FISK AND WILDLIFE SERVICE STATE GRANT PROGRAMS y jo Grant Progra Pnrl 523 ¢doral Ald �vmgllanao Reuulremenis Chapter 1 Summgry 523 FW 1.15Df2)fe_3 (a) Recording fees, transfer taxes, and similar costs; (b) Penally cost for prepayment of pre-existing recorded mortgage; and (c) Pro -rata portion of real properly taxes allocable to a period subsequent to the date of vesting title. (3) All displaced persons (owners and tenants) must be provided information on their relocation henelits. E. Relocation Assistance to Displaced People. (1) A relocation plan must be prepared for displacad persons so that problems associated with displacement of individuals, familfos, businesses, farms and nonprofit organizations are known at an early stage in a project's development (see rig CFR 24.205). Planning may involve the following: (a) Who and what will be displaced. (b) The estimated number of dwellings, businesses, larms, and nonprofit organizations displaced, including rentals. This estimate should contain: (1) Curronlly available replacement housing, businesses, farm, and organization sites; (ii) Approximate number of employees affected; (111) Typos of buildings, number, and size of roams; (Iv) The needs of those displaced (i.e. lifestyle); and (v) Type of neighborhood, distance to community lacilities, church, etc. (c) List of comparable replacement dwellings, including rentals, available on the market within a 50•mila radius (specialized unil!' may require expanding radius). When an adequate supply of comparable housing is not expected to be available, consideration of Housing of the Last Resort actions should be instituted. (d) Estimale of cost of replacement housing by purchase andfor rental per displaced person, and consideration of special reeds like the elderly or handicapped. (e) Estimate of cost for moving, (2) Advisory Servfcoa for Displaced People. Advisory services must be provided for all parsons occupying prgporly to be acquired and for all persons who use such foal property for a business or term operation. Eligibility requirements and corresponding bonalits must be explained to all displaced persons. Assistance must be provided to persons completing claim forms, obtaining moving services, and obtaining proper housing. (3) Payment for Relocation of Displaced Persons. Relocation expenses must be paid to a displaced person who purchases and occupies a roptacement dwelling. 12117192 FWM 061 Now gloving and related expanses will be provided to displaced persons residing on real properly including those persons owning a business or a farm. All payments must comply with the requirements of the Unllorm Relocation Assistance and Real Properly Acquisition Policies Act of 1970. 1.16 Debarment and Suspension A. Summary, Executive Order 12549, Debarment and Suspension, directs that persons debarred or suspended by one Federal agency from receiving grants may not receive grants from any Federal agency. B. References. (1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986. (2) Department of Interior Rules, Gqvernmentwido Debarment and Suspension (Nonprocuromenl), 43 CFR 12.100 - 12.510 C. Requiroments. (1) States and other grantees must submit the certification for Primary Covered Transactions ({71.1953). States cattily as to their 'principals', not the Stale agency. State principals are commissioners, directors, project leaders, or other parsons with primary management or supervisory responsibilities, Of a person whe has a critical influence on or substantial control over Federal Aid projects. 'Slates may Provide the certification annually. Other grantees must provide the cerlilication with each Application for Federal Assistance. (2) States and other grantoes muss obtain from their subgrantees and contractors a certification for Lower Tier Covered Transactions (DI. 1954). A certitiealion is not required for small purchase procuremants, currently dalind as less than $25,000. These certifications are normally provided with an application or procosal from a subgrantae or conlraCtor. (3) States and other crant_es must no! make any award, either by subgrant or contract, to any party which is deba--rid or suspended or is otherwise ineligible under provisions c'. Executive Order 12559. The U,S. General Services Adruimsuation maintains e list of parties debarred, suspended, ineligiblo or excluded from participation in Federal grants under trio provision of the Executive older copy of this list is available, upon request. Teem the Regie' OifeWor. 1.17 Drug -Frio Workplace Act of 1986 A, Summary. The Drug•Frao Workplace Act requires Thal all grantees coftily that they will maintain a drug•lrae workplace. H. References. Daparlment of Interior Rules. Drug-free 1Yorkplaco Requirements, 43 US 12.600.635 STATE GRANT PROGRAM • • FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS StateGrant PeQar_.p921 --�Lf�.Afd C,or�Otrnnre R.�4�I@nienis SMfflmary to C. Requlramente. Grantee organizations must: (1)' Establish (and publish) a policy that informs employees that the manufacture, distribution, possession, or use of a controlled substance in the workplace Is prohibited; (2) Establish arr awareness program to inform employees of the dangers of drug abuse in the workplace; and (3) Provide a drug-free workplace certification to the ©apartment of Interior or U.S. Fish and Wildlife Service. The lorms lot providing the certification are available from the Regional Director. Slate agencies may certify annually. If the State agency is coverod by a consolidated certification lot all State agencies, a copy of the consolidated certification should be submitted 10 the Regional Director. (The original is retained by the State.) Grantees other than State agencies must submit tho certification with each Grant Agreement. 1.18 Restrictions on Lobbying (P.L. 101.121) A. Summary. Prohibits the use of Federal appropriated funds for lobbying either the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. D. References. Department of the Interior Rules, 43 CFR Part 18, New Restrictions on Lobbying, C. Requlremonls. (1) Recipients of Federal grants are prohibited from using Federal approprialed funds, e.g. grants, to pay any person for influencing or attempting to influence an officer or employea of any Federal agency, a member of Congress, or an employee of a mombar of Congress In connection with a specific contract, grant, loan, or cooperative agreement. (2) Proposals for grants in excess of 5100,000 must contain a cprlihcation Mat no pail of the funds requested will be u5ec for lobbyinw Coaxes of lie certification form, Form D. -H.3, can be cb;a;ne. iram'the Regional Offices. (3) Recipients of grants in excess of s10o,oco must trip a d sclosura form on lobbying activities conduc'od with other than Federal app-opriated lands. Form SF•LLL and 5F•LLL-A, Continuation Shoot, shall be used for this Purpose Copies of the forms can be obtained Irom the Regional OhIces. STATE GRANT PROGRAMS EXHIBIT I -, Mate and Federal Funds Awarded through the Florida Fish and Wildlife Conservation Commission FEDERAL FUNDS AWARDED TO THE COUNTY PURSUANTTO THIS AGREEMENT CONSIST OF THE FOLLOWING: U.S. Fish & Wildlife Service, Federal Aid in Sport Fish Restoration Program, Catalog of Federal Domestic Assistance Number 15.605 $ 20,000 COMPLIANCE REQUIREMENTS APPLICABLETO FEDERAL F UNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. 2. All provisions of Section 370.25, Florida Statutes and Rule 6211-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 216.3491(5)(a), Florida Statutes, require that the information about Federal and State projects Included in Exhibit I be provided to the County. C.1WPf%?CSV,di.,i'rrr.001�EXPilpfr I wpd