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

Lacey Act, 16 U.S.C 3371-3378. This Act prohibits trade in wildlife, fish and plants that xii. R have been illegally taken, possessed, transported or sold. xiii. O Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. -F xiv. This Act governs marine fisheries in Federal waters. 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 AF 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 T 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. R xv. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the D 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 Packet 15 of 20Pg. 54  1.f.a FWC Agreement No. 15-TBD-1 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 Attachment: I. f. FWC Grant $127K (5164 : FWC Artificial Reef Construction Grant 2016-17 (Erika Zambello)) performance of this Agreement is certified by or is available from Prison Rehabilitative Industries 946.515(2), F.S., the following statement applies: LY and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection N 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 O [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 N 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. IO The above clause is not applicable to subcontractors unless otherwise required by law. Additional B. SS information about PRIDE and the products it offers is available at http://www.pride-enterprises.org. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service U 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: IS It is expressly understood and agreed that any articles that are the subject C 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 D 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 R carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified O nonprofit agency are concerned. -F 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 AF 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. T PROFESSIONAL SERVICES. R A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering, landscape architectural, D 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 Packet 16 of 20Pg. 55  1.f.a FWC Agreement No. 15-TBD-1 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 Attachment: I. f. FWC Grant $127K (5164 : FWC Artificial Reef Construction Grant 2016-17 (Erika Zambello)) contract. B. LY 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 or consideration. N Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, 32. O INDEMNIFICATION. If the Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), N 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 IO 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’ SS 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 U by the negligent act or omission of the State or the Commission. 33. NON-DISCRIMINATION. A. IS C 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. D Discriminatory Vendor List. In accordance with Section 287.134, F.S., an entity or affiliate who R 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 O 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 -F 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. AF 34. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the T 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 R