Okaloosa County BOCC — January 13, 2016 — Agenda Packet — reading text

grant, contract, loan, insurance, or U guarantee involving Federal assisted construction. ii. IS 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 II, OMB Uniform Guidance (2 C 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 D 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 R projects in the area. iii. O 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), -F Appendix II, 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 AF give up any part of the compensation to which he or she is otherwise entitled. T 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 II, OMB Uniform Guidance (2 CFR 200). R Applicable to construction agreements awarded by grantees and subgrantees in excess of D $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 Packet 13 of 20Pg. 52  1.f.a FWC Agreement No. 15-TBD-1 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 Attachment: I. f. FWC Grant $127K (5164 : FWC Artificial Reef Construction Grant 2016-17 (Erika Zambello)) Made by Nonprofit Organizations and Small Business Firms Under Government Grants, awarding agency. Appendix II, OMB Uniform Guidance (2 CFR 200). LY Contracts and Cooperative Agreements,” and any implementing regulations issued by the vi. N 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 Guidance (2 CFR 200). O Pollution Control Act (33 U.S.C. 1251-1387, as amended). Appendix II, OMB Uniform vii. N Energy Efficiency. Mandatory standards and policies relating to energy efficiency which Guidance (2 CFR 200). IO 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 viii. SS 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. U ix. IS 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). C 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: D 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' R employees may not— O a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; -F b. Procure a commercial sex act during the period of time that the award is in effect; or AF c. Use forced labor in the performance of the award or subawards under the award. T x. Debarment and Suspension. R 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 D 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 Packet 14 of 20Pg. 53  1.f.a FWC Agreement No. 15-TBD-1 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 Attachment: I. f. FWC Grant $127K (5164 : FWC Artificial Reef Construction Grant 2016-17 (Erika Zambello)) LY 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 N Standard Form-LLL, “Disclosure Form to Report Lobbying”, and shall file quarterly and disclose accordingly. O 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 N 2. Grantee – Refrain from Subcontracting with Certain Organizations. Pursuant IO 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 SS warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. U 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 IS funds provided by this Agreement for the purpose of lobbying the Legislature, the C 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 D responsibility.