Okaloosa County BOCC — November 18, 2014 — Agenda

CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Tracking Number:__/ -/ Stade of Floride Grant Funded: YES No Contractor/Lessee Name: Lish endl Lildlife (anservaiion oo Purpose Eloeide Arhbecal kel Magee Greak Kw -/32¥3 Date/Term:__/¢ B [tol 5 1. Col Greater THAN $50,000 amount: “2/40, c00,c© 2. L] GREATER THAN $25,000 Department: Alie. ear£s 3. LJ $25,000 or Less Dept. Monitor Name: Assen Aahey Lethon Mea conser Document has been reviewed and includes any attachments or exhibits. Purchasing Review Procu requirements are met: CD DLA E- Date:_ 2 Lo fyy Purchasing Director or Designee Joanne Kublik Risk Management Review Approved as written: Aisha Po : a vere 1O-1- [4 Risk Manager or designee U kay Godwin or Krystal King County Attorney Review Approved as written: = See Date: 10 | 2 t i County artoey CS) Grexdry T. Stewart or Lynn Hoshihara T Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager TOURIST DEVELOPMENT DEPARTMENT CONTRACT APPROVAL FORM CONTRACTOR NAME: FWC GRANT AGREEMENT NO. 13243 PURPOSE: ARTIFICIAL REEF CONSTRUCTION TERM: 12/31/2015 AMOUNT: FWC agrees to pay the County an amount not to exceed $140,000 I have reviewed the above-referenced Contract and find it to be in compliance with the Tourist Development Department Operations & Procedures Manual, the Okaloosa County Purchasing Manual and applicable local, state and federal laws, rules and regulations. (Initial applicable authorization) LIK This approval authorizes the contract to be entered into by the County and executed by the appropriate authorizing official in accordance with the Okaloosa County Purchasing Manual. This approval authorizes the payment under the Contract to be processed for payment. APPROVED AS TO FORM AND LEGALITY: = ee, TDD ORNEY LYNN HOSHIHARA OCTOBER 22, 2014 O BSNOO + Flow) S Florida Fish and Wildlife Conservation Commission Commissioners Richard A. Corbett Chairman Tampa Brian S. Yablonski Vice Chairman Tallahassee Ronaid M. Bergeron Fort Lauderdale Aliese P. “Liesa” Priddy Immokalee Bo Rivard Panama City Charles W. Roberts III Tallahassee Executive Staff Nick Wiley Executive Director Eric Sutton Assistant Executive Director Karen Ventimiglia Chief of Staff Division of Marine Fisheries Management Jessica McCawley Director (850) 487-0554 October 15, 2014 Anthony Austermann, Marine Economic and Tourist Development Coordinator Okaloosa County Tourist Development Department 1540 Miracle Strip Parkway SW Fort Walton Beach, FL 32548 RE: Grant Agreement FWC-13243 Artificial Reef Construction Dear Mr. Austermann: Please find enclosed two (2) original copies of the above referenced Grant Agreement for your review and signature. Please sign both the Agreement signature page (Page 18 of 18), and Attachment B (page 4 of 4), “Cerifications and Assurances’. Please sign and date both copies and return all signed copies to me by courier service at the following address: Jon Dodrill FWC Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 (ph. 850.617.9628) Upon execution of the Grant Agreement by the Florida Fish and Wildlife Conservation Commission, an original, signed copy will be returned for your file. All work must be completed no later than December 31, 2015. The funds are for the 2013-14 fiscal year appropriation to the Commission’s artificial reef program. Note that the terms of the Grant Agreement incorporate the terms of your project as specified in your grant application, and the requirements of Chapter 68R-9, F.A.C. If you have any questions regarding the Grant Agreement, please contact me at (850) 617-9628 or by email at Jon.Dodrill@myfwe.com. Sincerely, (850) 487-4847 FAX s Vi L Jon Managing fish and wildlife resources for their long-term well-being and the benefit of people. a 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: (850) 488-4676 Hearing/speech-impaired: (800) 955-8771 (T) (800) 955-8770 (V) MyFWC.com W. Dodrill, Biological Administraor Artificial Reef Program Division of Marine Fisheries Management JWD Enclosures FWC Agreement No. 13243 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT NO. 13243 CFDA Title(s): not applicable CFDA No(s).: not applicable Name of Federal Agency(s): not applicable Federal Award No(s): not applicable Federal Award Year(s): not applicable Federal Award Name(s): not applicable CSFA Title(s).: Florida Artificial Reef Program CSFA No(s).: 77-007 State Award No(s).: FWC-13243 State Award Year(s): FY2013-14 State Award Name(s): Okaloosa County Artificial Reef Construction 2014-15 This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter “Commission,” and the Okaloosa County Board of County Commissioners, FEID # 59-6000765, whose address is 1804 Lewis Turner Blvd, Ft. Walton Beach, FL 32547, hereinafter “Grantee.” WHEREAS, the Commission and Grantee have partnered together to construct five new marine artificial reefs in Gulf of Mexico waters off Okaloosa County; and, WHEREAS, Grantee has been awarded Agreement number 13243 ; and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. NOW THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: 1. PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work). The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result of Grantee responses to the Commission’s request for competitive or other grant proposals, the Grantee’s response is hereby incorporated by reference. 2. PERFORMANCE. The Grantee shall perform the activities described in the Scope of Work ina proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 1 of 18 FWC Agreement No. 13243 Grantee. Grantee shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Grantee shall provide evidence of such compliance to the Commission upon request. The Grantee shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Grantee warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good-faith performance as a responsible Grantee. Grantee shall immediately notify the Commission’s Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement pursuant to Paragraph nine (9) below, in the event the Grantee’s ability to perform under this Agreement becomes compromised. AGREEMENT PERIOD. A. Agreement Period and Commission’s Limited Obligation to Pay. This Agreement is made pursuant to a grant award and shall be effective upon execution by the last Party to sign, and shall remain in effect through 12/31/2015. However, as authorized by Rule 68-1.003, F.A.C., referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. Agreements executed under this grant award shall not precede a start date of 10/01/2014. For this agreement, the retroactive start date was not approved. The Commission’s Grant Manager shall confirm the specific start date of the Agreement by written notice to the Grantee. The Grantee shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this agreement, preaward costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $140,000. B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission’s Grant Manager identified in Paragraph eleven (11), below. Unless otherwise specified in the Scope of Work, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of Work, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse the Grantee for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). Cc. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee’s Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 2 of 18 FWC Agreement No. 13243 be submitted electronically to the attention of the Commission’s Grant Manager identified in Paragraph eleven (11), below. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Grantee acknowledges that the Commission’s Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A, Scope of Work. E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be reimbursed in accordance with Section 112.061, F.S. F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations, but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an “annual appropriation” of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission’s Grant Manager shall notify the Grantee in writing at the earliest possible time if funds are not appropriated or available. G. Non-Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that under non-competitive procurements, a Grantee may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, or the Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. L Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State’s Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: http://www. fldfs.com/aadir/direct_deposit_web/Vendors.htm Questions should be directed to the State of Florida’s EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 3 of 18 FWC Agreement No. 13243 J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer’s Hotline, (800) 342-2762. CERTIFICATIONS AND ASSURANCES. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission’s Grant Manager a completed copy of the form entitled “Certifications and Assurances,” attached hereto and incorporated as Attachment B. This includes: Debarment and Suspension Certification; Certification Against Lobbying; Certification Regarding Public Entity Crimes; and Certification Regarding the Scrutinized Companies List (applicable to agreements in excess of $1 million); Attachment B, incorporated and made part of this Agreement. RETURN OR RECOUPMENT OF FUNDS. A. Overpayment to Grantee. Pursuant to Section 215.971(1)(e)&(f), F.S., the Grantee shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Grantee by the Commission. In the event that the Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event that the Commission first discovers an overpayment has been made, the Commission will notify the Grantee in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission’s Grant Manager, and made payable to the “The Florida Fish and Wildlife Conservation Commission.” B. Additional Costs or Monetary Loss Resulting from Grantee Non-Compliance. If the Grantee’s non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement or any other agreement between Grantee and the Commission. In the event that the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Grantee and the Commission, the Grantee will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. If the Grant involves the improvement of real property titled to the State of Florida, then the following paragraph applies. The Grantee acknowledges that Property being improved is titled to the State of Florida, and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. MONITORING. The Commission’s Grant Manager shall actively monitor the Grantee’s performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 4 of 18 FWC Agreement No. 13243 staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. a. TERMINATION. A. Commission Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. The Grantee may request termination of the Agreement for convenience. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Grantee with written notice of termination. Termination — Other. The Commission may terminate this Agreement if the Grantee fails to: |.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. The Grantee shall not be entitled to recover any cancellation charges or lost profits. Termination - Funds Unavailability. In the event funds to finance this Agreement become 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 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 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-cancellable obligations properly incurred prior to notification of termination. 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 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. REMEDIES. 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 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 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. GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 5 of 18 FWC Agreement No. 13243 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 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 Grant Manager has been named. A designation of a new Grant Manager shall not require a formal amendment to the Agreement. FOR THE COMMISSION: FOR THE GRANTEE: Grant Manager Grant Manager Jon Dodrill Marcella B. Eubanks Biological Administrator Contracts and Grants Manager Division of Marine Fisheries Management Okaloosa County 2590 Executive Center Circle East, Suite 203 1804 Lewis Turner Blvd. Suite 206 Tallahassee, FL 32301 Fort Walton Beach, FL 32547 Phone: (850) 617-9628 Phone: (850) 651-7200 ext. 4341 Fax: (850) 487-4847 Fax: (850) 609-5029 jon.dodrill@myfwe.com.com meubanks@clerkofcourts.cc 12. AMENDMENT. A. 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. Change Orders. The Commission may, at any time, by written order, make a change to this 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 an Amendment. Minor changes, such as those updating a Party’s contact information, may be accomplished by a Modification. Cc. 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. INTELLECTUAL PROPERTY RIGHTS. A. Grantee’s Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual property rights to the Grantee’s preexisting property will remain with the Grantee. B. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual 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. Cc. 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 GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 6 of 18 FWC Agreement No. 13243 unlimited, royalty-free, nonexclusive, irrevocable right to use, duplicate 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, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. 14, RELATIONSHIP OF THE PARTIES. A. 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 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. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors, 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 technical certification or other proof of qualification. Cc. Commission Security. All employees, subcontractors, or agents performing work under the 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 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 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 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. 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 another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. 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 Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the Commission in all such cases. 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 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 agrees that the Commission shall not be liable to the extent allowed by law, to any subcontractor GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 7 of 18 FWC Agreement No. 13243 for any expenses or liabilities incurred under the subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 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 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 (1) percent of the amount due per 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 (15) percent of the outstanding balance due.” Commission Right to Reject Subcontractor Employees. The Commission in coordination with 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. 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 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. MANDATORY DISCLOSURE. A. Disclosure of Interested State Employees. 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. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to the Commission’s Agreement Manager, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Grantee’s ability to perform under this agreement. If the existence of such Proceeding causes the Commission concern that the Grantee’s ability or willingness to perform the Agreement is jeopardized, the Grantee may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Grantee and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. 17. INSURANCE. The Grantee warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state law and that such insurance or self-insurance offers protection applicable to the Grantee’s officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 18. PUBLIC ENTITY CRIMES. A. 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 contract with any public entity and may not transact business with any public entity in excess of GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 8 of 18 19. 20. 21. FWC Agreement No. 13243 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/convic ted_suspended_discriminatory_complaints_vendor lists Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission within 30 days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. Certifications and Assurances. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission’s Grant Manager a completed copy of the form entitled “Certifications and Assurances,” attached hereto and incorporated as Attachment B. This includes the Certification Regarding Public Entity Crimes. VENDORS ON SCRUTINIZED COMPANIES LIST. A. Scrutinized Companies. If this Agreement is in the amount of one (1) million dollars or more, in executing this Agreement, the Grantee certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, F.S., and is not engaged in business operations in Cuba or Syria. False Certification — Termination. Pursuant to Subsection 287.135(3)(b), F.S., the Commission may immediately terminate this Agreement for cause if the Grantee is found to have submitted a false certification or if, during the term of the Agreement, the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engages in business operations in Cuba or Syria. Cessation of Federal Authority. In the event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition identified in this paragraph, this provision shall be null and void to the extent no longer authorized. SPONSORSHIP. As required by Section 286.25, F.S., if the Grantee is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: “Sponsored by (Grantee’s name) and the State of Florida, Fish and Wildlife Conservation Commission.” If the sponsorship reference is in written material, the words “State of Florida, Fish and Wildlife Conservation Commission” shall appear in the same size letters or type as the name of the Grantee’s organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work. PUBLIC RECORDS. A. GOVERNMENTAL ENTITY This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Grantee in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. Pursuant to Section 119.0701, F.S., the Grantee shall comply with the following: Ver. July 8, 2014 Page 9 of 18 22. 23. FWC Agreement No. 13243 a. Keep and maintain public records that ordinarily and necessarily would be required by the Commission in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the Commission would provide the records and at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Commission all public records in possession of the Grantee upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the Commission. SECURITY AND CONFIDENTIALITY. The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Grant work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant. RECORD KEEPING REQUIREMENTS. A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Grantee’s books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. C, Grantee Records Retention. Unless otherwise specified in Attachment A, Scope of Work, these records shall be maintained for five (5) years following the close of this Agreement. The Grantee shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission’s request. D. Grantee Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending.gov. Grant recipients awarded a new Federal GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 10 of 18 24, 25. 26. FWC Agreement No. 13243 grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Circular A-133, the Grantee may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Grantee shall comply with the audit requirements outlined in Attachment C, “Requirements of the Federal and Florida Single Audit Acts,” attached hereto and made a part of the Agreement, as applicable. NON-EXPENDABLE PROPERTY. A. 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-consumable and non- expendable nature, with a value or cost of $1,000 or more, and a normal expected life of one year or more; hardback-covered bound books that are circulated to students or the general public, with a value or cost of $25 or more; and uncirculated hardback-covered bound books, with a value or cost of $250 or more). Title to Non-Expendable Property. Title (ownership) to all non-expendable property 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. FEDERAL FUNDS. No Federal Funds are applied to this Agreement, therefore, the following terms and conditions do not apply. A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. The Grantee shall be responsible for complying with all federal grant requirements as provided in its grant, a copy of which is attached hereto and made a part hereof as Attachment D. It is understood and agreed that the Grantee is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the awarding federal agency. Compliance with Federal Laws, Rules and Regulations. As applicable, the Grantee shall comply with all federal laws, rules, and regulations, including but not limited to: = 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). = The Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). = 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). (Construction agreements awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other agreements which involve the employment of mechanics or laborers) GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 11 of 18 27. 28. FWC Agreement No. 13243 " All applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). " 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). Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall comply with the following Office of Management and Budget Circulars: A-21 (2 CFR 220), Cost principles for Educational Institutions A-87 (2 CFR 225), Cost Principles for State, Local, and Indian Tribal Governments A-122 (2 CFR 230), Cost Principles for Non-Profit Organizations A-133, Audit of States, Local Governments, and Non-Profit Organizations A-102, Grants and Cooperative Agreements with State and Local Governments A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Learning, Hospitals, and Other Non-Profit Organizations Certifications and Assurances — 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. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, “Certifications and Assurances.” This includes the Drug-Free Workplace Requirement Certification. 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). As such, the awarding federal agency may unilaterally terminate this award without penalty for violations of this Act. If the Grantee is a private entity, the following provision applies to the federal award: You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not-- a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards under the award. DEBARMENT AND SUSPENSION. A. Grantee Federal Certification. In accordance with Federal 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. Grantee Commission Certification. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, Certifications and Assurances. This includes the Certification Regarding Debarment, Suspension, and Other Responsibility Matters. PROHIBITION AGAINST LOBBYING. GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 12 of 18 FWC Agreement No. 13243 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 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. The Grantee shall submit Standard Form-LLL, “Disclosure Form to Report Lobbying”. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. Grantee — Refrain from Subcontracting with Certain Organizations. Pursuant 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 warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. 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 funds provided by this Agreement for the purpose of lobbying the Legislature, the 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 responsibility. Grantee’s Completion of Certifications and Assurances. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, “Certifications and Assurances.” This includes the Certification Regarding Lobbying. 29. AGREEMENT-RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Agreement is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: 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 [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 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. The above clause is not applicable to subcontractors unless otherwise required by law. Additional 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 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: GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 13 of 18 30. 31. 32. FWC Agreement No. 13243 It is expressly understood and agreed that any articles that are the subject 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 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 carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. Procurement of Recycled Products or Materials. The Grantee agrees to procure any recycled products or materials which are the subject of or are required to carry out this Agreement in accordance with Section 403.7065, F.S. PURCHASE OR IMPROVEMENT OF REAL PROPERTY This agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. The Grantee shall comply with Section 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, Scope of Work. PROFESSIONAL SERVICES. A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering, landscape architectural, 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 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 contract. 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 Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. INDEMNIFICATION. If the Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), 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 shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 14 of 18 33. 34. 35. 36. 37. 38. FWC Agreement No. 13243 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’ 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 by the negligent act or omission of the State or the Commission. NON-DISCRIMINATION. A. 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. Discriminatory Vendor List. In accordance with Section 287.134, F.S., an entity or affiliate who 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 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 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. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the 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 provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. NO THIRD PARTY RIGHTS. The Parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a Party to this Agreement. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any Party against any other Party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Grantee of quantum meruit. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with federal Executive Order 96-236, the Commission shall consider the employment by the Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly employs unauthorized aliens. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY). A. Requirement to Use E-Verify. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly require the Grantee to: 1.) utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Grantee during the contract term; and, 2.) include in all subcontracts under this Agreement, the requirement that subcontractors GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 15 of 18 39, FWC Agreement No. 13243 performing work or providing services pursuant to this contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E-Verify Online. E-Verify is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and elections of federal contractors, however, may vary, as stated in Article II.D.1.c. of the MOU. There is no charge to employers to use E-Verify. The Department of Homeland Security’s E- Verify system can be found online at http://www.dhs.gov/files/programs/gc_1185221678150.shtm Cc. Enrollment in E-Verify. If the Grantee does not have an E-Verify MOU in effect, the Grantee must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement. D. E-Verify Recordkeeping. The Grantee further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Grantee’s enrollment in the program. This includes maintaining a copy of proof of the Grantee’s and subcontractors’ enrollment in the E- Verify Program (which can be accessed from the “Edit Company Profile” link on the left navigation menu of the E-Verify employer’s homepage). E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat a failure to comply as a material breach of the Agreement. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Grantee believes is excusable under this paragraph, Grantee shall notify the Commission’s Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if the Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify the Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 16 of 18 40. FWC Agreement No. 13243 ceased to exist, the Grantee shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may terminate the Agreement in whole or in part. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; this Agreement and its attachments, the terms of the solicitation and the Grantee’s response to the solicitation. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 17 of 18 FWC Agreement No. 13243 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. OKALOOSA COUNTY BOARD OF COUNTY FLORIDA FISH AND WILDLIFE COMMISSIONERS CONSERVATION COMMISSION SIGNATURE SIGNATURE Name: CGhaviae pose Name: —=SSINe WINdES, Jr. Title: . Title: Chacomarr Date: Date: Approved as to form and legality by FWC Attorney: SIGNATURE Name: Date: Attachments in this Agreement include the following: Attachment A Scope of Work Attachment B Certifications and Assurances Attachment Cc Requirements of the Federal and Florida Single Audit Acts Attachment D Cost Reimbursement Contract Payment Requirements Attachment E Certification of Completion GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 18 of 18 Attachment A —- SCOPE OF WORK Project Name: | Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 DESCRIPTION OF GOODS / SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOODS / SERVICES The objective of this activity is to construct a complex of marine artificial reefs in permitted artificial reef areas in state waters of Okaloosa County, Florida. The process will involve the identification of artificial reef materials acceptable to the selected contractor, GRANTEE, and the COMMISSION. The loading, vehicle transport from land based staging areas to a vessel for offshore transport and the placement within the designated permitted artificial reef areas of the maximum tonnage of donated clean concrete culverts, concrete or concrete and steel military target materials that can be moved and deployed will be based upon the competitive bidding process using funds not to exceed $140,000 provided by the COMMISSION with a cash match not to exceed $100,000 provided by the GRANTEE. Each of the patch reefs will consist of artificial reef materials placed as a single contiguous patch reef pile at the center points of two currently permitted reef areas, Fish Havens (FH) 13 and 14. The size of the individual patch reefs deployed in each of the two 40 acre permitted Fish Haven areas utilized will depend on the lowest, qualified bid. Individual materials within each patch reef will be composed of pre-cast concrete culverts and/or pre-cast concrete and concrete and steel military target materials. For each vessel deployment trip, approximately 80% of the individual concrete units loaded on the deployment vessel for utilization in the patch reef construction must weigh in excess of 1,000 pounds and no more than 20% of the reef materials at the time of placement on the vessel for deployment will consist of broken concrete rubble pieces or concrete units weighing between 500 and 1,000 pounds. The GRANTEE and selected contractor will identify, for COMMISSION review, acceptable materials that have the greatest potential for remaining substantially intact throughout the loading, transport and deployment process. GRANTEE selected materials will be approved by the COMMISSION’s Contract Manager during a final onsite staging area inspection prior to any pre-bid meetings and subsequent materials transfer from the County solid waste site location and the Eglin Air Force Base target range staging areas. The foot print and maximum vertical relief of each patch reef will depend on the quantity of materials available to be funded through the bidding process reviewed by the COMMISSION. Acceptable patch reefs may either be tightly stacked and piled to achieve a vertical relief of 10 — 15 feet with a foot print of approximately 50 feet in diameter or may be a lower profile more linear reef covering a rectangular area of approximately 40 feet by 100 feet with an average vertical relief of not less than four feet. The permitted artificial reef areas with permits active through the end of the Agreement period and targeted for material deployment include Fish Havens 13 and 14. FH 13 and 14 are located in state waters of the Gulf of Mexico, approximately 2.5 and 5.8 nautical miles west south-west of East Pass, respectively. The artificial reef construction activity to be funded consists of the following elements: MATERIALS 1. Artificial reef materials shall consist of concrete culverts, and used and unused concrete or concrete and steel military pre-cast target materials secured from staging areas on Eglin Air Force Base and acceptable to the COMMISSION following a final on site materials inspection by the COMMISSION’s Contract Manager. At least 80% by number of individual artificial reef military target units or culverts shall be sufficiently intact to withstand movement and handling without breaking up and must weigh at least Version 1.0 — June 2013 Attachment A, Page 1 of 12 Attachment A - SCOPE OF WORK Project Name: Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 1,000 pounds each. No more than 20% of the remaining pieces or units by number once loaded on the deployment vessel shall consist of smaller concrete units or concrete rubble with each rubble piece or unit weighing at least 500-1,000 pounds prior to deployment. All materials shall be clean and free from asphalt, creosote, petroleum, or other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. No topsoil or organic material such as vegetation shall be included in material deployments. If pre-cast concrete reinforced with steel rebar is utilized, no exposed rebar shall extend more than six inches beyond the concrete surface. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the artificial reef materials before, during, and after the deployment. The GRANTEE shall meet with the COMMISSION’s Contract Manager to conduct an initial joint review of proposed stockpiled pre-cast concrete materials located on Okaloosa County property and on one or more Eglin Air Force Base test firing ranges. Following this initial staging area inspection and follow up discussion, the GRANTEE will provide to the COMMISSION’s Contract Manager an updated inventory of staging area materials recommended for artificial reef utilization. The GRANTEE and the COMMISSION’s Contract Manager, utilizing the GRANTEE’s updated materials inventory lists and representative photos, shall jointly conduct a final on site review of available used pre- cast target material and concrete culverts. The GRANTEE and COMMISSION shall jointly evaluate the structural integrity of each concrete unit proposed for use, and shall eliminate from artificial reef material consideration all badly damaged material that would be prone to break apart into pieces less than 500 pounds in weight during the handling and transport process. Units with extensive exposed rebar will either be eliminated from consideration or the rebar will be cut back by the selected contractor to within six inches or less of the units’ concrete surface prior to transport. Only materials jointly approved by the COMMISSION and GRANTEE will be authorized for deployment. The GRANTEE shall mark at the staging areas the materials selected for use by the GRANTEE and COMMISSION’s Contract Manager to assist the selected contractor in identifying which materials are to be moved from the County and Air Force base staging areas to the dockside staging location and vessel loading site. LOADING AND TRANSPORTATION Artificial reef materials will be loaded using a suitable means of conveyance for transportation from the Okaloosa County solid waste staging area and Eglin Air Force Base target range staging areas to a dockside staging site and loading onto a barge or other suitable vessel for offshore transportation to the designated artificial reef sites. Offshore transportation shall be provided by a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured in compliance with Coast Guard standards to allow for its safe transport to the reef construction site. The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the contractor’s vessel at all times during transport of materials, pursuant to Chapter 379.249, Florida Statutes. The Cargo Manifest shall be current and include a one paragraph description of the concrete material to be Version 1.0 — June 2013 Attachment A, Page 2 of 12 Attachment A —- SCOPE OF WORK Project Name: Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 deployed on that particular day at sea as well as the location(s) of the targeted reef deployments. The FWC Artificial Reef Cargo Manifest form is available on the COMMISSION’s website: http://www.myfwc.com/conservation/saltwater/artificial-reefs. For each barge load of artificial reef materials, the GRANTEE shall calculate the tonnage (either using before and after barge draft calculations, trucking receipts, or the known weights of individual pieces or reef units), and take a representative photograph of the artificial reef material on the barge or other deployment vessel immediately prior to deployment. DEPLOYMENT AND MATERIALS PLACEMENT During the deployment of the artificial reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+/-20 feet) to ensure accurate placement of the concrete patch reef on the bottom. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. Either the COMMISSION’s observer, the GRANTEE's observer or the subcontractor’s vessel captain reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. The tonnage of artificial reef material proposed for reef deployment by the contractor selected through the competitive bidding process based on an available funding amount of $140,000 provided by the COMMISSION and a required $100,000 match provided by the GRANTEE under this Agreement will be divided between two patch reefs. The tonnage of reef material available for artificial reef construction shall be distributed approximately equally between the permit area center points of the forty acre Fish Haven locations 13 and 14 in state waters of the Gulf of Mexico off Okaloosa County. Table 1 defines the permitted reef area center point locations and depths which are the proposed patch reef locations. Table 1 Permitted Reef | Patch Reef Latitude Longitude Area Name Name Depth (ft) Fish Haven 13 Alpha 30° 21.391’N | 86°32.876°W | .73 f MLLW Fish Haven 14 Bravo 30° 21.141°N 86° 36.874"W | -70 f MLLW The minimum vertical navigational clearances at Mean Lower Low Water (MLLW) as specified in the U.S. Army Corps of Engineers regulatory authorizations shall be Version 1.0 — June 2013 Attachment A, Page 3 of 12 Attachment A - SCOPE OF WORK Project Name: Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 10. ll. maintained above the highest point of each patch reef in the Fish Haven 13, and 14 permitted areas. These clearances range from -33 to -38 feet (depending on the special conditions of the respective US Army Corps of Engineers permits identified by SAJ- 2011-03485(SP-SWA) (Fish Haven 13) and SAJ-2013-02668(SP-SWA) (Fish Haven 14) The GRANTEE's Contract Manager or GRANTEE's designated official observer shall observe and verify the accurate temporary marking by the contractor of the reef deployment locations to facilitate the contractor’s proper vessel positioning prior to anchoring in advance of reef materials deployment and to ensure the proper placement of the artificial reef materials at the center points of each artificial reef permitted area as indicated in Paragraph 6 Table 1. The markers shall be buoys of sufficient size and color to be clearly visible to the deployment vessel captain, and sufficiently anchored and with sufficient scope so that the buoys will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the boundaries of the permitted reef areas as described in the U.S. Army Corps of Engineers regulatory permits indicated in Paragraph 7, above. Precise GPS placement of marker buoys that do not shift position during deployment operations are important to insure the reef is constructed within the permitted area and at the designated center point locations of each permit area. The COMMISSION will not pay for materials used in construction of a patch reef that do not meet the minimal navigational clearance requirements as described in the U.S. Army Corps of Engineers regulatory permit conditions for the respective permit areas. Precise depth measurements during construction are important to insure the reef is constructed within the permitted navigational clearance. The GRANTEE's Project Manager or GRANTEE's designated official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual artificial reef placements as well as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed. Both the GRANTEE and its contractor shall have on site current nautical charts of the deployment areas, with the permitted Fish Haven areas indicated on the chart. The proposed patch reef coordinates and the corner coordinates of the reef sites will also be in possession of the GRANTEE's observer and the contractor when on site. The GRANTEE 's observer shall also be in possession of a copy of the Army Corps permits for the areas where the deployments are taking place. The GRANTEE shall be responsible for insuring that all permit condition terms are complied with. ALLOWABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E-9.004(1) (a), F.A.C. No more than $5,000 or 10% (whichever is less) of project funds granted under the program may be expended for ‘engineering services’. Any funds required in excess of this amount must be provided by the applicant. See Chapter 68E- 9.004(1) (a), F.A.C. for the complete list of eligible activities. Version 1.0 — June 2013 Attachment A, Page 4 of 12 Attachment A - SCOPE OF WORK Project Name: Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 12. 13. If the GRANTEE chooses to conduct a post-deployment SCUBA assessment at the deployment location(s) (this is not required, but is an eligible activity for reimbursement under Chapter 68E-9.004(1)(a), F.A.C.), in order to be eligible for reimbursement, work must be completed prior to the grant expiration date and the following items, at a minimum, must be included: a. Methods: name and type of vessel, anchored or live boated, type of GPS unit(s), divers, survey methods; b. Conditions: cloud cover, wind speed and direction, sea conditions, visibility, water temperature, currents; c. Chronology: dive plan, start and end of each dive, dive profile, maximum depth, dive time, distance and bearing searched; d. Coordinates: Describe the GPS unit(s) used to navigate to the site (model number). Describe whether differential or WAAS coordinates were recorded. Compare the dive locations to deployment location numbers. How well do they match the published numbers? e. Physical observations: Describe the number and size of material observed. What is the proximity of concrete pieces and pre-cast units to each other? What percent material was damaged or partially damaged as a result of the material transport and deployment process? Are there material outliers dropped away from the patch reef? What is the maximum and minimum relief of the site? How do these observations compare to the Material Placement Report Form information submittal? f. Footprint area: Measure the approximate total area covered by each patch reef through standard in situ survey practices. g. Biological observations: Describe any fishes observed, or other general biological observations. h. Video and photographs: Provide representative still and/or video footage of each deployment location (digital format preferred when available). LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's contractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the contractor. This 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. B. BACKGROUND Chapter 379.249 Florida Statutes creates the Florida Artificial Reef Program to enhance saltwater opportunities and to promote proper management of fisheries resources associated with artificial reefs for the public interest. Under the program, the COMMISSION may provide grants and financial and technical assistance to coastal local governments, state universities, and nonprofit corporations qualified under s. 501(c)(3) of the Internal Revenue Code for the siting and development of artificial reefs as well as for monitoring and evaluating such reefs and their recreational, economic, and biological effectiveness. Chapter 68E-9 Florida Administrative Code defines the procedures for submitting an application for Version 1.0 — June 2013 Attachment A, Page 5 of 12 Attachment A — SCOPE OF WORK Project Name: | Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 financial assistance and criteria for allocating available funds. The purpose of this rule is to govern the development of state and federally funded artificial reefs, the review and ranking of project applications eligible for funding, and the administration of funds from the Florida Artificial Reef Program. This artificial reef construction project was selected for funding by the COMMISSION based upon ranking of competitive applications submitted to the Artificial Reef Program pursuant to the criteria for allocating funds described in Chapter 68E-9, Florida Administrative Code. . SUPPORT OF COMMISSION MISSION Construction of these artificial reefs will create marine hard bottom habitat with well-planned stable and durable artificial reefs for purposes of providing marine reef fish habitat, marine recreational fishing and diving opportunities, and reduced user conflicts by providing additional recreational fishing and diving locations within state waters off Okaloosa County. The proposed artificial reefs will make marine fisheries resources available for the long term benefit of local Florida residents and visitors. . DEFINITIONS The terms and abbreviations used herein shall have the meanings as defined below. i. “Artificial reef’ means one or more manufactured or natural objects intentionally placed on the bottom in predominantly marine waters to provide conditions believed to be favorable in sustaining, or enhancing the spawning, breeding, feeding, or growth to maturity of Florida’s managed reef associated fish species as well as to increase the productivity of other reef community resources which support fisheries. Included in this definition are artificial reefs developed with one or more of the following additional objectives: enhancement of fishing and diving opportunities, fisheries research, and fisheries conservation/preservation purposes. ii. “Permitted area” means an area with discrete boundaries inside of which one or more artificial reefs may be located and for which all required permits and authorizations have been obtained. These active permits and authorizations include: artificial reef permits issued by the Florida Department of Environmental Protection and/or the Army Corps of Engineers and other permits, licenses, or authorizations required by any governing body. iii. “Staging area” means a land-based holding area for artificial reef material where such material is stored and prepared for transportation to an approved artificial reef site. 2. DELIVERABLES A. Deliverable #1 (Artificial Reef Construction) Construction of two marine artificial reefs by loading, transporting and deploying the maximum tonnage of COMMISSION approved GRANTEE donated intact concrete Version 1.0 — June 2013 Attachment A, Page 6 of 12 Attachment A —- SCOPE OF WORK Project Name: | Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 culverts, and Eglin Air Force based donated concrete or concrete and steel pre-cast target materials procured through a COMMISSION reviewed competitive bidding process to select a qualified subcontractor reviewed by the COMMISSION. No more than $140,000 in available COMMISSION funding and $100,000 in GRANTEE funding is available for this project. The selected reef material will be deployed to create two individual patch reefs of approximately equal tonnage. One patch reef will be constructed at the center point of each of two permitted areas known as Fish Havens 13 and 14 in state waters of the Gulf of Mexico off Okaloosa County, Florida. Patch reef center point locations are indicated in Paragraph 6, Table 1. Each of the two patch reefs will consist of artificial reef materials placed as a single pile within the permitted reef areas. The size and configuration of patch reefs deployed will depend on the bid prices received with bid selection based on the lowest cost per ton of material proposed for transport from material staging areas and subsequent offshore deployment at the designated artificial reef locations as well as the availability of acceptable reef materials. At least 80% of the individual concrete units loaded onto the deployment vessel for each deployment trip will weigh a minimum of 1,000 pounds. No more than 20% of the individual concrete units or concrete rubble pieces loaded on the deployment vessel will weigh less than 1,000 pounds but not less than 500 pounds. No individual concrete rubble pieces weighing less than 500 pounds will be placed on the deployment vessel. The COMMISSION will approve all materials prior to deployment. i. Minimum Level of Performance Each artificial reef must be deployed within the boundaries of the permitted area, at the approximate center point of each permit area and in compliance with all the applicable permits and authorizations associated with the permitted area. The minimum acceptable level of performance is the placement of two patch reefs of approximately equal size composed of inspected COMMISSION and GRANTEE approved pre-cast concrete culvert and concrete or concrete and steel target material deployed at the center points of two Okaloosa County Fish Haven permitted artificial reef locations (FH 13 and14) in accordance with the specifications in this Agreement. The patch reef footprint and vertical relief of the tightly stacked material deployed from a double anchored vessel will depend upon the maximum tonnage of reef material that can be transported and deployed with total funding not to exceed $140,000 provided by the COMMISSION and $100,000 provided by the GRANTEE. ii. Documentation / Criteria Used as Evidence of Performance 1. A Materials Placement Report shall be submitted to the COMMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report form is available on the COMMISSION’s website at http://www.myfwe.com/conservation/saltwater/artificial-reefs/. The Materials Placement Report must have a certification signature and reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and overall tonnage of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of concrete Version 1.0 — June 2013 Attachment A, Page 7 of 12 Attachment A —- SCOPE OF WORK Project Name: Okaloosa County Artificial Reef Construction 2014-15 FWC Agreement No. 13243 iii. units cannot be obtained or are not known, barge displacement measurements are required. The GRANTEE's Project Manager or GRANTEE’s designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) corners to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the GRANTEE's Project Manager or GRANTEE’s designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. A final field report providing the designated observer's narrative, for each day of the reef deployment operations, is required prior to reimbursement. The field report shall include a written chronology and narrative describing details of the deployment, and a performance evaluation of the marine contractors who performed the work. The final field report should include photos of the material and loaded barge prior to each deployment and, if available, underwater photographs and video footage (surface and/or underwater). Timeline for Completion All artificial reef construction must be completed by December 31, 2015. Advance planning that avoids dependence on a favorable weather window during the final weeks of the project is strongly encouraged. All requests for bid packages from the GRANTEE to potential contractors must include language that specifies a completion date that ensures all materials will be in the water by December 31, 2015. Subcontracts with completion dates significantly earlier than December 31, 2015 to provide an additional buffer are strongly encouraged. FINANCIAL CONSEQUENCES B. If the GRANTEE fails to complete construction within the time frame specified by the Scope of Work, the budget amount allocated for that portion of the construction project deliverable not yet completed at the expiration of the Agreement will be deducted from the GRANTEE’s payment. C. The GRANTEE will not be eligible for reimbursement until all reports have been provided to the satisfaction of the COMMISSION documenting that all work has been completed in accordance with the Scope of Work, and in compliance with all permit conditions. 3. PERFORMANCE A. Written or electronically transmitted progress reports must be sent to the COMMISSION's Contract Manager at no less than 60 day intervals beginning from the date of execution of this agreement. Version 1.0 — June 2013 Attachment A, Page 8 of 12 Attachment A —- SCOPE OF WORK Project Name: {| Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 B. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. The GRANTEE agrees to follow all provisions of Section 379.249, Florida Statutes and Chapter 68E-9, Florida Administrative Code during the term of this Agreement. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. 4. COMPENSATION AND PAYMENT A. COST REIMBURSEMENT B. The GRANTEE shall be compensated for a maximum of $140,000 on a cost reimbursement basis in accordance with the Cost Reimbursement Contract Payment Requirements as shown in the Department of Financial Services, “Reference Guide for State Expenditures” publication. The cost reimbursement requirements section of the Reference Guide is attached hereto and made a part hereof as Attachment D. The GRANTEE shall provide a cash match of $100,000 to this project to ensure successful achievement of objectives outlined in the Scope of Work. INVOICE SCHEDULE A single final invoice may be submitted after completion of the deliverable and must be received by the COMMISSION no later than February 15, 2016 to assure availability of funds for payment. A timely reimbursement request following completion of actual field operations is strongly encouraged. C. TRAVEL EXPENSES No travel expenses are authorized under the terms of this Agreement. D. FORMS AND DOCUMENTATION 1. The GRANTEE shall submit a completed Materials Placement Report form along with the invoice and request for payment. The Materials Placement Report form is available on the COMMISSION’s website at: www.myfwe.com/conservation/saltwater/artificial-reefs. Version 1.0 — June 2013 Attachment A, Page 9 of 12 Attachment A —- SCOPE OF WORK Project Name: | Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 5. MONITORING SCHEDULE A. B. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the artificial reef materials, staging areas and vessel deployment platform before, during, and after the deployment. No additional monitoring activities have been identified at this time. 6. INTELLECTUAL PROPERTY RIGHTS See Agreement for applicable terms and conditions related to the intellectual property rights. 7. SUBCONTRACTS A. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of three written quotes for any subcontracts required for Agreements in the amount of $35,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $35,000. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph A. The GRANTEE shall submit bid specifications to the COMMISSION 's Contract Manager for approval within ninety (90) days following the execution date of this Agreement. The COMMISSION shall provide comments on the bid specifications to the GRANTEE within 30 days following submittal. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. A summary of the vendor replies and recommended contractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for review of the County’s recommendation prior to the awarding of any contracts under this Agreement. Contracts for offshore transport and placement of artificial reef material shall be prepared such that upon initiation of the handling and movement of these artificial reef materials by the GRANTEE’s contractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the contractor. This 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. 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. 13243 Construction 2014-15 10. 11. 12. 13. 14, 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. INSURANCE See Agreement for applicable terms and conditions related to insurance. SECURITY AND CONFIDENTIALITY See Agreement for applicable terms and conditions related to security and confidentiality. RECORD KEEPING REQUIREMENTS See Agreement for applicable terms and conditions related to record keeping requirements. 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. PURCHASE OR IMPROVEMENT OF REAL PROPERTY This Section is not applicable and intentionally left blank. 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. 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. 13243 Construction 2014-15 C. PAYMENT BOND This Section is not applicable and intentionally left blank. . PERFORMANCE BOND This Section is not applicable and intentionally left blank. . 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. . CERTIFICATE OF PARTIAL PAYMENT This Section is not applicable and intentionally left blank. . GRANTEE PAYMENTS TO SUBCONTRACTOR Grant Agreement No. 13243, Section 15, B, “Grantee Payments to Subcontractor” is hereby amended to read as follows: If subcontracting is permitted pursuant to Paragraph A, above, the Grantee agrees to make payments to the subcontractor within thirty (30) working days after receipt of full or partial payments from the Grantee in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the grantee and subcontractor. Grantee’s failure to pay its subcontractors within thirty (30) working days will result in a penalty charged against the Grantee and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per 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 (15) percent of the outstanding balance due. The remainder of this page intentionally left blank. Version 1.0 — June 2013 Attachment A, Page 12 of 12 FWC Agreement No. 13243 Attachment B CERTIFICATIONS AND ASSURANCES The Commission will not enter this Agreement unless Grantee completes the CERTIFICATIONS AND ASSURANCES contained in this Attachment. In performance of this Agreement, Grantee provides the following certifications and assurances: A. Debarment and Suspension Certification (2 CFR Part 1400) B. Certification Regarding Lobbying (31 U.S.C. 1352) C. Certification Regarding Public Entity Crimes (section 287.133, F.S.) D. Certification Regarding Drug-Free Workplace Requirements (41 U.S.C. 701 et. seq.) (as applicable to recipients and subrecipients of federal financial assistance) E. Certification Regarding the Scrutinized Companies List (section 287.135, F.S.) (as applicable) A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTION. The undersigned Grantee certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4, Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default. If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Agreement. B. CERTIFICATION REGARDING LOBBYING - Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned Grantee certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an Ver. September 2013 Attachment B, Page 1 of 4 FWC Agreement No. 13243 employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employees of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form — LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Grantee hereby certifies that neither it, nor any person or affiliate of Grantee, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Grantee understands and agrees that it is required to inform the Commission immediately upon any change of circumstances regarding this status. D. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (If Grantee is a Recipient of Subrecipient of Federal Financial Assistance) 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. 3. 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. Establishing an ongoing drug-free awareness program to inform employees concerning: a. The dangers of drug abuse in the workplace. b. The policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. Making it a requirement that each employee to be engaged in the performance of the Agreement be given a copy of the statement required by paragraph D.1. of this certification. Notifying the employee in the statement required by paragraph D.1. of this certification that, as a condition of employment under the Agreement, the employee will: Ver. September 2013 Attachment B, Page 2 of 4 FWC Agreement No. 13243 a. Abide by the terms of the statement. b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. 5. Notifying the Commission in writing ten (10) calendar days after receiving notice under subparagraph 4.b. from an employee or otherwise receiving actual notice of such conviction. Provide such notice of convicted employees, including position title, to every Grant Manager on whose Grant activity the convicted employee was working. The notice shall include the identification number(s) of each affected Contract or Grant. 6. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph 4.b. herein, with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 as amended. b. Requiring such employee to participate satisfactorily in drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local, health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of this entire certification. If the Grantee is an individual, the Grantee certifies that: 1. As a condition of the grant, Grantee will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and, 2. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, Grantee will report the conviction, in writing, within 10 calendar days of the conviction, to the Commission When notice is made to such a central point, it shall include the identification number(s) of each affected grant. E. CERTIFICATION REGARDING the SCRUTINIZED COMPANIES LISTS, SECTION 287.135, F.S. If this Grant is in the amount of $1 million or more, in accordance with the requirements of section 287.135, F.S., Grantee hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, F.S. Grantee also hereby certifies that it is not engaged in business operations is Cuba or Syria. Grantee understands that pursuant to section 287.135, F.S., the submission of a false certification may subject Grantee to civil penalties, attorney’s fees, and/or costs. If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Grant. Ver. September 2013 Attachment B, Page 3 of 4 FWC Agreement No. 13243 By signing below, Grantee certifies the representations outlined in parts A through E above are true and correct. (Signature and Title of Authorized Representative) Okaloosa County Board of County Commissioners Grantee Date 1804 Lewis Turner Blvd. (Street) Ft. Walton Beach, FL 32547 (City, State, ZIP Code) Ver. September 2013 Attachment B, Page 4 of 4 FWC Agreement No. 13243 Attachment C AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor may be subject to audits and/or monitoring by the Commission as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see “AUDITS” below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or contracted consultants, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this Contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. AUDITS PART I: FEDERALLY FUNDED A. This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. B. In the event that the Contractor expends $500,000 or more in Federal awards in its fiscal year, the Contractor must have a single or program-specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by this Contract. In determining the Federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Contractor conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. Such audits shall cover the entire Contractor’s organization for the organization’s fiscal year. Compliance findings related to contracts with the Commission shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose whether or not, the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the OMB A-133 audit reports. Ver. June 2013 Attachment C, Page 1 of 6 FWC Agreement No. 13243 E. If not otherwise disclosed as required by section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. F. Ifthe Contractor expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Contractor expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.¢., the cost of such an audit must be paid from the Contractor’s resources obtained from other-than Federal entities). G. A web site that provides links to several Federal Single Audit Act resources can be found at: http://harvester.census.gov/sac/sainfo.html PART I: STATE FUNDED This part is applicable if the Contractor is a non-state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Contractor, the Contractor must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Contract. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Contractor shall ensure that the audit complies with the requirements of section 215.97(7), F.S. This includes submission of a financial reporting package as defined by section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. C. Ifthe Contractor expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Contractor expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the Contractor’s resources obtained from other-than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: https://apps.fldfs.com/fsaa/singleauditact.aspx. Ver. June 2013 Attachment C, Page 2 of 6 FWC Agreement No. 13243 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Attachment shall be submitted by or on behalf of the Contractor directly to each of the following at the address indicated: Le The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 10" Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. B. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Attachment (in correspondence accompanying the audit report, indicate the date that the Contractor received the audit report); copies of the reporting package described in Section .320 (d), OMB Circular A-133, as revised, and any management letters issued by the auditor; copies of reports required by Part II of this Attachment must be sent to the Commission at the addresses listed in paragraph c.) below. C. Copies of financial reporting packages required by Part II of this Attachment, including any management letters issued by the auditor, shall be submitted by or on behalf of the Contractor directly to each of the following: 1, The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 Ver. June 2013 Attachment C, Page 3 of 6 FWC Agreement No. 13243 2) The Auditor General’s Office at the following address: Auditor General’s Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Contract shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Contractors and sub-contractors, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contractor/sub-contractor in correspondence accompanying the reporting package. The remainder of this page intentionally left blank. Ver. June 2013 Attachment C, Page 4 of 6 FWC Agreement No. 13243 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program(s) Funds CFDA # CFDA Title Amount none n/a Total Federal Awards n/a COMPLIANCE REQUIREMENTS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: APPLICABLE TO THE FEDERAL RESOURCES Federal Program(s) Compliance Requirements CEDA # Compliance Requirements n/a none STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Matching Funds Provided by CFDA CFDA # CFDA Title Amount of Matching Funds n/a none n/a Total Matching Funds Associated with Federal Programs n/a SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project(s) CSFA # CSFA Title Amount 77-007 Florida Artificial Reef Program $140,000.00 Total State Awards $140,000.00 Ver. June 2013 Attachment C, Page 5 of 6 FWC Agreement No. 13243 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: State Project(s) Compliance Requirements CSFA # Compliance Requirements 77-007 1. Only the goods and/or services described within the attached Agreement and Attachment A Scope of Work are eligible expenditures for the funds awarded. 2. All provisions of Section 379.249, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. The remainder of this page intentionally left blank. Ver. June 2013 Attachment C, Page 6 of 6 FWC Agreement No. 13243 Attachment D COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial Services, invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). In addition, supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of supporting documentation: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or submitted documentation must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the agreement. August 2013 Attachment D, Page 1 of 1 Attachment E FL FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES MANAGEMENT ARTIFICIAL REEF PROGRAM CERTIFICATION OF COMPLETION (Printed Name and Title) representing (Name of Grantee) do hereby certify under penalties of perjury per § 216.349, Florida Statutes, that the artificial reef project funded by Grant Number FWC - , has been completed in compliance with all terms and conditions of said Grant Agreement. (Signature) (Date) Rev. 12/2013