Okaloosa County BOCC — January 19, 2016 — FWC Grant — reading text

liability, assumption of risk and responsibility shall remain with the contractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. H. A copy of this Agreement should be provided to all contractors and incorporated by reference in all contracts. The GRANTEE shall require all contractors to comply with all applicable provisions of this Agreement. I. Any contract arrangements must be evidenced by a written document available to the COMMISSION upon request. Version 1.0 – June 2013 Attachment A, Page 10 of 12  Attachment A – SCOPE OF WORK Project Name: Okaloosa County Artificial Reef FWC Agreement No. 15274 Construction 2016-17 8. INSURANCE See Agreement for applicable terms and conditions related to insurance. 10. SECURITY AND CONFIDENTIALITY See Agreement for applicable terms and conditions related to security and confidentiality. 11. RECORD KEEPING REQUIREMENTS See Agreement for applicable terms and conditions related to record keeping requirements. 12. NON-EXPENDABLE PROPERTY The GRANTEE is not authorized to use funds provided herein for the purchase of any non-expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. 13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY This Section is not applicable and intentionally left blank. 14. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS A. DRUG-FREE WORKPLACE Pursuant to Section 440.102(15), F.S., any construction contractor regulated under Parts I and II of Chapter 489, F.S., who contracts to perform construction work under a state contract shall implement a drug-free workplace. B. CONTRACTOR ELIGIBILITY 1. In accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall agree and certify that neither it, nor its 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, unless authorized in writing to the COMMISSION by the federal agency issuing the grant award. The GRANTEE shall include the language of this section, in all subcontracts or lower tier agreements executed to support the GRANTEE's work under this Agreement. C. PAYMENT BOND This Section is not applicable and intentionally left blank. D. PERFORMANCE BOND This Section is not applicable and intentionally left blank. Version 1.0 – June 2013 Attachment A, Page 11 of 12  Attachment A – SCOPE OF WORK Project Name: Okaloosa County Artificial Reef FWC Agreement No. 15274 Construction 2016-17 E. CERTIFICATE OF CONTRACT COMPLETION The Grantee will be required to complete a Certificate of Completion form (Attachment E) when all work has been completed and accepted. This form must be submitted to the COMMISSION’s Contract Manager with the GRANTEE’s invoice for payment to be authorized. The COMMISSION’s Contract Manager shall submit the executed form with the invoice to Accounting Services. F. CERTIFICATE OF PARTIAL PAYMENT This Section is not applicable and intentionally left blank. G. NOTICES AND CORRESPONDENCE Grant Agreement No. 15274, Section 11, Paragraph B, “Notice and Correspondence” is hereby amended to include a second Grant Manager: Marcella B. Eubanks Contracts and Grants Manager Okaloosa County Clerk of Courts 101 East James Lee Blvd, Room 104 Crestview, Florida 32536 Phone: (850) 651-7200 ext 4381 Fax: (850) 689-4272 meubanks@okaloosaclerk.com The remainder of this page intentionally left blank Version 1.0 – June 2013 Attachment A, Page 12 of 12  FWC Agreement No. FWC-15274 Attachment B CERTIFICATIONS AND ASSURANCES The Commission will not enter this Agreement unless Grantee completes, signs and returns to the Commission, the CERTIFICATIONS AND ASSURANCES contained in this Attachment. In performance of this Agreement, Grantee, through its duly authorized representative, certifies that it has read and provides the certifications and assurances below; and acknowledges it has an ongoing obligation to give written notice to the Commission, within a reasonable time, following any change in status regarding these certifications and assurances. Part I: State Certifications and Assurances. If this Agreement is supported by State funding, then the following Certifications and Assurances apply. A. Interested State Employees, Chapter 112, F.S. Grantee certifies to the best of its knowledge, that none of its officers, directors, employees or other agents is also an employee of the State of Florida who owns, directly or indirectly, an interest of five percent (5%) or more in the Grantee or its affiliates. B. Conflict of Interest, Section 200.112, OMB Uniform Guidance (2 CFR 200). If this Agreement includes a Federal award, Grantee certifies that neither it, its principals, or agents, have a conflict of interest with either the Commission or the Federal awarding agency. C. Convicted Vendors, Section 287.133, F.S. Grantee certifies that it, its principals, recipients, subrecipients, contractors, and subcontractors, are not on the Convicted Vendors List as maintained by the Department of Management Services, pursuant to Section 287.133(3)(d), F.S. D. Scrutinized Companies List, Sections 287.135 and 215.473, F.S. If this Agreement is in the amount of $1 million or more, Grantee certifies that to the best of its knowledge, it, its principals, recipients, subrecipients, contractors, and subcontractors are not: a. On the Scrutinized Companies with Activities in Sudan List; b. On the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or c. Engaged with business operations in Cuba or Syria. E. Discriminatory Vendors, Section 287.134, F.S. Grantee certifies that it, its principals, recipients, subrecipients, contractors and subcontractors are not on the Discriminatory Vendors List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. F. Litigation, Investigations, Arbitration, or Administrative Proceedings. Grantee certifies that it, its principals and agents, are not engaged in any civil or criminal litigation investigations, arbitration, or administrative proceedings relating to or affecting the Grantee’s ability to perform under this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment B rev.6.15.15 Page 1 of 4  FWC Agreement No. FWC-15274 Part II: Federal Certifications and Assurances. If this Agreement is supported by Federal funding, then the following Certifications and Assurances apply. A. Equal Employment Opportunity. Grantee certifies that to the best of its knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the Equal Employment Opportunity requirements contained in Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). B. Davis-Bacon Act. Grantee certifies that to the best of its knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the Davis-Bacon Act 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5. C. Copeland “Anti-Kickback Act. Grantee certifies that to the best of its knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with 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). D. Contract Work Hours and Safety Standards Act. Grantee certifies that to the best of its knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the Contract Work House and Safety Standards Act, Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR part 5). E. Rights to Inventions Made Under a Contract or Agreement. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements”, 37 CFR Part 401. F. Clean Air Act and Water Pollution Control Act. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the Clean Air Act, 42 U.S.C. 7401-7671q, and the Water Pollution Control Act, 33 U.S.C. 1251-1387, as amended. G. Energy Efficiency. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the mandatory standards and policies relating to energy efficiency which 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. H. Drug-Free Workplace. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the Drug-Free Workplace Act of 1988, and its implementing regulations codified at 29 CFR Part 94. a. Pursuant to the Drug-Free Workplace Act of 1988, the undersigned attests and certifies that the Grantee (if not an individual) will provide a drug-free workplace by the following actions: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. Attachment B rev.6.15.15 Page 2 of 4  FWC Agreement No. FWC-15274 2. Establishing an ongoing drug-free awareness