Okaloosa County BOCC — January 13, 2016 — I. f. FWC Grant $127K — reading text

C unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours’ notice in writing to the Grantee.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 D 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 R 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- O cancellable obligations properly incurred prior to notification of termination. E. -F 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 AF 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. T REMEDIES. R 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 D 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 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 5 of 20  FWC Agreement No. 15-TBD-1 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. 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 LY 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 amendment to the Agreement. N Grant Manager has been named. A designation of a new Grant Manager shall not require a formal FOR THE COMMISSION: FOR THE GRANTEE: O Grant Manager Bradley Ennis Grant Manager Erika Zambello N Fisheries Biologist IV Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 IO Marine Economic and TDR Coordinator Okaloosa County 1540 Miracle Strip Pkwy SE Tallahassee, FL 32301 Phone: (850) 617-9634 Fax: (850) 487-4847 SS Fort Walton Beach, FL 32548 Phone: (850) 609-5394 Fax: (850) 654-7397 bradley.ennis@myfwc.com U ezambello@co.okaloosa.fl.us 12. AMENDMENT. A. IS C 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. D Change Orders. The Commission may, at any time, by written order, make a change to this R 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 O an Amendment. Minor changes, such as those updating a Party’s contact information, may be accomplished by a Modification. C. -F 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. AFPROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310- T 200.316, OMB Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply. R A. Intellectual and Other Intangible Property. i. Grantee’s Preexisting Intellectual Property (Proprietary) Rights. Unless specifically D 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 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 6 of 20  FWC Agreement No. 15-TBD-1 property right created or otherwise developed by the Grantee under this Agreement for the 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 unlimited, royalty-free, nonexclusive, irrevocable right to use, duplicate LY 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, federal purposes, and to authorize others to do so. N nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for B. Purchase or Improvement of Real Property O N This agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. IO 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, SS OMB Uniform Guidance (2 CFR 200), as amended. ii. Title. If this agreement is supported by state funds, the Grantee shall comply with Section U 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, IS Scope of Work. Title to state-owned real property remains vested in the state. Title to C 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. D 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 R Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment A, Scope of Work. O C. Non-Expendable Property. The following provisions apply to the extent that the grant allows the acquisition of non-expendable property. -F 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- AF consumable and non-expendable nature, with a value or cost of $1,000.00 or more, and a T 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