Okaloosa County BOCC — November 18, 2014 — Agenda — reading text

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