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

more). R ii. Title to Non-Expendable Property. Title (ownership) to all non-expendable property D 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. 15-TBD-1 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). LY 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. N project for which it was acquired as long as needed O iii. Use – Equipment. Equipment must be used by the non-Federal entity in the program or 14. RELATIONSHIP OF THE PARTIES. N A. IO 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 SS 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. U Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors, IS 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 C technical certification or other proof of qualification. Commission Security. All employees, subcontractors, or agents performing work under the C. D 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 R 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 O 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 -F 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. AF 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 T another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. R 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 D 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. 15-TBD-1 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 LY 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 N 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 O to the subcontractor for all expenses and liabilities incurred under the subcontract. B. N 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 IO 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 due.” SS 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 C. U Commission Right to Reject Subcontractor Employees. The Commission in coordination with IS 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. C 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 D subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 16. R MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this a Federal award. O Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes A. -F 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 AF 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 T Commission in accordance with applicable Federal awarding agency policy. Convicted Vendors. Grantee shall have a continuing obligation to disclose, to the Commission, R B. 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 D 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 crime 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. 15-TBD-1 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 LY