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Agenda 03/24/2009 Item #16D 6 Agenda Item No. 1606 March 24, 2009 Page 1 of 30 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries Management Grant Agreement # 08258, for Artficial Reef Deployment to the Coastal Zone Management Department that will provide grant funds in the amount of $60,000. OBJECTIVE: Recommendation to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries Management Grant Agreement for Artificial Reef Deployment to the Coastal Zone Management Department that will provide grant funds in the amount of $60,000, CONSIDERATIONS: The primal)' goal ofthis project is to create a minimum of three new 320 ton artificial reefs, within the valid CORE permit and State standards for artificial reef programs, This grant project will be completed August 31, 2009, Specific objectives of this project include: Creation of reef sites in the Gulf with easy public access via Gordon Pass, Doctors and Wiggins Pass. According to the Marine Industries Association of Collier County (MIACC) there are over 20,000 registered boats in Collier County, Creation of substrate that will encourage recruitment and settlement of benthic epifauna and flora and mimic natural hardhottom ledges, which in turn will attract a variety of reef fish assemblages commonly found on naturally occurring hardhottom in the offshore waters of Collier County, Creation of forage habitat for a variety of pelagic fish that are commonly found in the waters offshore of Collier County, Enhancement and expansion ofrecreational and commercial fishing and diving opportunities in the waters off of Collier County, FISCAL IMP ACT: Upon award of the grant and approval of the grant agreement by the Board of County Commissioners, a budget amendment will be necessal)' to recognize revenue and establish the project's expense appropriation. There is no cash match required for this grant. GROWTH MANAGEMENT IMPACT: The Artificial Reef Agreement supports Objective 7.4 of County Growth Management Plan, LEGAL CONSIDERA nONS: This item is non-quasi judicial and as such ex parte disclosure is not required, This item requires majority vote, This item is legally sufficient for Board action, - CMG RECOMMENDATION: Recommendation to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries Management Grant Agreement for Artficial Reef Deployment to the Coastal Zone Management Department that will provide grant funds in the amount of $60,000, ,~ PREPARED BY: Pamela Keyes, Environmental Specialist, Coastal Zone Management Department Page ] of 1 Agenda Item No. 16D6 March 24, 2009 Page 2 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1606 Meeting Date: Recommendation to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservatton Commission (FWC), Division of Marine Fisheries Management Grant Agreement # 08258, for Artficial Reef Deployment to the Coastal Zone Management Department that will provide grant funds in the amount of $60000. 3/24/20099.00:00 AM Prepared By Pamela Keyes Enviornmental Specialist Date Coastal Zone Management Public Services 315120094:06:09 PM Approved By Marlene J. Foard Grants Coordinator Date Administrative Services Administrative Services Admin. 315120094:30 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 31512009 5:01 PM A pproved By Gary McAlpin Costal Project Manager Date Public Services Coastal Zone Management 315120096:51 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 3161200911:47 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 311212009 2:49 PM A pproved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 311312009 9:01 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 31171200910:57 AM Approved By James V. Mudd County Manager Date Soard of County Commissioners County Manager's Office 3117/200911 :21 AM Florida Fish and Wildlife Conservation Commission Commlssior'ers Rodney Barreto Chair Miami Kathy Barco Vlce-Chalf Jacksonville Ronald M. Beres-ran Fort Lauderdale Richard A. Corbett Tampa Dwight Stephenson De/ray Beach Kenneth W. Wright Winter Park Brian S. Yablonski Tallahassee Executive Staff Kenneth D. Haddad Executive DIrector Nick Wiley AsSIstant Executive DIrector Karen Ventimiglia Deputy ct1lef 01 Staff Agenda Item No. 1606 March 24. 2009 Page 3 of 30 February 25, 2009 Pamela Keys Collier County 3300 Santa Barbara Blvd, Naples, FL 34116 RE: Grant Agreement FWC-08258 Artificial Reef Construction Dear Ms. Keys: Please fmd enclosed three (3) original copies of the above referenced Grant Agreement for your review and signature, Please sign both the signature page (Page 10 of 10) and the form for certification regarding debarments, suspension, ineligibility and voluntary exclusion-lower tier federally funded transactions (Attachment E), Please sign and date all three copies and return all signed copies to me by courier service at the following address: Bill Horn FWC Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 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 August 31, 2009, The funds are for the 2008-09 fiscal year appropriation to the Commission's artificial reef program. Note that the tenns 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) 922-4340 x208 or by email atbill.horn@myfwc.com. ;uincere . Division of Marine Fishe,iesManagement ~ Mark S. Robson Director (850) 487-0554 (850) 487-4847 FAX William Horn, Environmental Specialist lIT Artificial Reef Program Division of Marine Fisheries Management Managing fiSh and wildlife w:MH resources f~ their Iong- Enclosures term well.bemg and the benefit of people. 620 South Meridian Street Tallahassee, Flonda 32399.1600 VOice: (850) 488.4676 Heanng/speech Impaired: (800) 955.8771 (T) (800) 955.8770 (V) MyFWC.com Agenda Item No. 16D6 March 24, 2009 Page 4 of 30 FWC Grant No, FWC-08258 COLLIER COUNTY ARTIFICIAL REEF CONSTRUCTION PROJECT 2008-2009 THIS GRANT 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 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 Tamiami Trail East, Naples, Florida 34112 hereafter "GRANTEE", NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: DUTIES OF THE GRANTEE I, Scope of Services The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof, 2, Grantee Eligibility The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. TERM OF AGREEMENT 3, This Agreement shall be effective upon execution by the last party to do so, The Agreement shall begin on signature and shall end August 31, 2009, inclusive, All work described in Attachment A, Scope of Services, must be completed no later than August 31, 2009. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after August 31, 2009, COMPENSATION 4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the COMMISSION shall reimburse the GRANTEE on a cost reimbursement basis in an amount not to exceed $60,000, The GRANTEE shall be responsible for any project costs in excess of $60,000. Page I of 10 Agenda Item No. 1606 March 24. 2009 Page 5 of 30 PAYMENTS 5, The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices. accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Contract Manager, Each invoice shall include the FWC Grant Number and the GRANTEE's Federal Employer Identification (FElD) Number, An original and two (2) copies of the invoice shall be submitted, The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices for reimbursement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services, and approved by the COMMISSION prior to the termination date of the Agreement. The GRANTEE shall not be eligible for reimbursement for services rendered after August 31, 2009, A final invoice must be received by the COMMISSION no later than October 15,2009 to assure availability offunds for payment. 6, No travel expenses are authorized, 7, The GRANTEE shall be compensated on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services. Bureau of Auditing, Voucher Processing Handbook. Chapter 4" C" I, (attached hereto and made part hereof as Attachment B), Invoices submitted by the GRANTEE shall be for I 00% of actual project costs 8, For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature, 9, Invoices, including backup documentation, shall be submitted to: William Horn, Environmental Specialist III Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 TERMINATION I 0, This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. II. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date and justification for termination, by certified mail, return receipt requested, at least forty-five (45) days prior to the termination date specified in the notice, TAXES Page 2 of 10 Agenda Item No. 16D6 March 24. 2009 Page 6 of 30 12, 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 term of this Agreement. NOTICE 13, Unless a change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE Pamela Keys, Environmental Specialist Collier County 3300 Santa Barbara Blvd, Naples, FL 34116 (239) 252-2980 Pamelakeves{al,colliergov,net COMMISSION William Horn, Environmental Specialist III FWC Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 (850) 487-0580 x 208 bill,horn@.mvfwc,com AMENDMENT OR MODIFICATION 14, 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, The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e,g, specifications. schedules, method or manner of performance, requirements, etc,), However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing, Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 15, The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 16, The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required, 17, The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION, INSURANCE REOUlREMENTS 18, To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any Page 3 of 10 Agenda Item No. 16D6 March 24, 2009 Page 7 of 30 work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE, Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law, In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected, Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees, In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements, Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation, Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance, 19. The GRANTEE warrants and represents that it is self-funded for liability Insurance, appropriate and allowable under Florida law, and that such 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. CANCELLATION UNDER CHAPTER 119. FLORIDA STATUTES 20, 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, Florida Statutes, and made or received by the GRANTEE in conjunction with this agreement. RECORD KEEPING REOUIREMENTS 21, 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 principals, The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise, These records shall be maintained for five (5) years following the close of this contract. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit pwposes, Page 4 of 10 Agenda Item No. 1606 March 24, 2009 Page 8 of 30 LIABILITY 22, Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents, However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes, NON-DISCRIMINATION 23, 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. PROHIBITION OF DISCRIMINATORY VENDORS 24, In accordance with Section 287.134, Florida Statutes, 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, NON-ASSIGNMENT 25, This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION, PERFORMANCE AND REMEDIES 26, The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION, 27, It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law, SEVERABILITY AND CHOICE OF VENUE 28. 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, Page 5 of 10 Agenda Item No. 16D6 March 24. 2009 Page 9 of 30 NO THIRD PARTY RIGHTS 29, The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party, JURY TRIAL WAIVER 30, As consideration ofthis Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. DIVISION OF MARINE FISHERIES MANAGEMENT REOUlREMENTS 31. 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 two written quotes for any subcontracts required for Agreements in the amount of $25,000 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 $25,000, 32, The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph 31, 33, The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications, All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution, 34, The GRANTEE shall submit bid specifications to the COMMISSION's Contract Manager for approval within ninety (90) days following the execution date ofthis Agreement. 35. 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. 36, A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. 37, A copy of this Agreement should be provided to all subcontractors and incorporated by reference in all subcontracts. The GRANTEE shall require all subcontractors to comply with all applicable provisions of this Agreement. All such subcontracts in excess of $5,000 shall be in writing, 38, The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement. Page 6 of 10 Agenda Item No. 1606 March 24, 2009 Page 10 of 30 39, The GRANTEE agTees 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. 40, 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. 41. 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, FEDERAL/FLORIDA SINGLE AUDIT ACTS REOUlREMENTS 42. The Florida Single Audit Act requires all non-state organizations (GRANTEE) who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients (GRANTEE) of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-B3, Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled "Requirements of the Federal and Florida Single Audit Acts", attached hereto and made a part of this Agreement, as applicable, CERTIFICATE OF CONTRACT COMPLETION 43, The GRANTEE will be required to complete a Certificate of Contract Completion form 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, FEDERAL FUNDS 44, This Agreement is funded in whole or in part by a grant from the US, Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program, CFDA No, 15,605, Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in this Agreement, a copy of which is attached hereto and made a part of 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 V.S, Fish and Wildlife Service, Page 7 of 10 Agenda Item No. 1606 March 24, 2009 Page 11 of 30 DEBARMENT AND SUSPENSION 45, 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 debannent, 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 contract, 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, 46, Upon execution of this Agreement by the GRANTEE, the GRANTEE shall complete. sign and return a copy of the form entitled "Certification Regarding Debannents, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment E 47. As required by paragraphs 48 and 49 above, the GRANTEE shall include the language of this section, and Attachment E in all subcontracts or lower tier agreements executed to support the GRANTEE's work under this Agreement. PROHIBITION AGAINST LOBBYING 48, The GRANTEE certifies that no Federal appropriated funds have been paid or wiJI 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 contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above in connection with this Contract, the GRANTEE shall submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The GRANTEE shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly, 49, 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 50l(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. 50, In accordance with Section 216,347, Florida Statutes, 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, Page 8 of 10 Agenda Item No. 16D6 March 24, 2009 Page 12 of 30 RIGHTS IN INTELLECTUAL PROPERTY 51, All items, materials or products, of any description, produced or developed by the GRANTEE for the COMMISSION in connection with this Grant Agreement shall be the exclusive property of the COMMISSION and the State of Florida and may thereby be copyrighted, patented, or otherwise protected as provided by law. Neither the GRANTEE, nor its employees, representatives or subcontractors, shall have any proprietary interest in the products and materials developed under this Grant Agreement. Because Federal funding is involved in support of this Grant Agreement, the Federal Government also reserves a royalty- free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work (including any future versions, updates and improvements), and to license the same rights and use to agencies and subdivisions of the Federal Government. Publishing rights to the information resulting from this grant agreement are hereby granted to the GRANTEE, and to any not-for- profit subcontractors, ENTIRE AGREEMENT 52, This Agreement represents that 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, REST OF PAGE INTENTIONALLY LEFT BLANK Page 9 of 10 Agenda Item No. 1606 March 24. 2009 Page 13 of 30 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. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERV A nON COMMISSION By: By: Director, Division of Marine Fisheries or Designee (Authorized Signatory*) J:::,ol^."'-R f."'\t\. c.~<l-' \' Y\'\ t~ "'- (Print Signatory's Name and Title) Date: Date: Collie. CO"-"-"'1 \';oMo o<C CML"~ ecw-~,ssi"V\e,s (Grantee) 330 \ ,,,-M.A."', TY""Ad E, Bld~ r . (Address) _Ncty\es, r:-L- 3~ II,;L (City, State, and Zip Code) 5'1 -1000055 '3 (Federal Employer Identification Number) Approved as to form and legality: Z,:1k- fkJA~)l~ FWC Attorney Reimbursement Check Remittance Address: 3301 TO-"'\tu,,-, TY"Z'-.l E (Address) _NOfleo;, FL.- 3f II r1. (City, State, and Zip Code) *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the County must accompany the Agreement. List of Attachments included as part of this Agreement: Attachment A Attachment B Attachment C Exhibit I Scope of Services Comptroller's Contract Pavment Requirements Requirements of the Federal - Florida Single Audit Acts State and Federal Funds Awarded through the Florida Fish and Wildlife Conservation Commission Federal Aid Compliance Requirements Certification Regarding Debarment/Suspension Attachment D Attachment E Approved as to form & legal sufficiency ~~ Col een Greene. Assistant County Attorney Page 10 of 10 ATTEST: DWIGHT E. BROCK, Clerk By: Agenda Item No. 1606 March 24, 2009 Page 14 of 30 ATTACHMENT A SCOPE OF SERVICES COLLIER COUNTY ARTIFICIAL REEF DEVELOPMENT PROJECT 2008-2009 Collier County proposes to deploy approximately 948 tons of clean concrete culvert and junctions boxes at a depth of 30 ft, within the Doctors Pass 4,5 Mile site, The concrete materials will be deployed at three separate locations within the Doctors Pass 4,5 Mile Reef Site, This deployment will complete 'Phase 4' of the County's long-range artificial reef development plan for the Doctors Pass 4,5 Mile Artificial Reef Site, The proposed deployment location is approximately 4,5 nautical miles at a bearing of 2750 from Doctors Pass off the Southwest coast of Florida in the Gulf of Mexico, The Doctors Pass 4,5 Mile Site is a rectangular permitted zone, measuring approximately 1,519 feet by 1,519 feet, located Collier County, This Site is permitted to Collier County by the V,S, Department of the Army, Corps of Engineers Permit Number #SAJ-2008-1649 (IP-LAE). The proposed deployment locations will be located at coordinates: (I) 26010,260' N and 810 54,050' W, Site #1 (2) 26010,260' N and 810 54,000' W, Site #2 (3) 260 10,240' N and 81054,030' W, Site #3 The reef construction activity to be funded consists of the following elements: LOADING AND TRANSPORTATION I, Loading and transportation of approximately 948 tons of pre-cast concrete secondary use materials, or other concrete structures acceptable to the COMMISSION, 2, Load the concrete materials onto a suitable conveyance and transport to a site for loading onto a barge or other suitable vessel for offshore movement. Load the structures onto a vessel for transportation to the designated reef site, Provide 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, 3, The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the vessel at all times during transport of materials, pursuant to Chapter 379,249. Florida Statutes, DEPLOYMENT AND MATERIAL PLACEMENT 4, During the deployment of the concrete 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 (+/-50 feet) to ensure accurate placement of the concrete patch reef Page 1 of 4, Attachment A Agenda Item No. 16D6 March 24, 2009 Page 15 of 30 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 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. 5, The reef material under this Agreement will be strategically places at three separate locations within the Doctors Pass 4,5 Mile Artificial Reef Site, 6. The minimum vertical clearance shall be maintained at above the highest point of the reef material (in accordance with the special conditions of the US Army Corps of Engineers permits). 7, The GRANTEE's Contract Manager shall oversee the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the reef The markers shall be buoys no less than 12 inches in diameter. clearly visible to the tug captain, and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the permit area as described above, Precise GPS placement of marker buoys that do not shift position with time will also be important to insure the reef is constructed within the permitted area, 8, The GRANTEE's Project Manager or GRANTEE's employee designated as an official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed, 9. Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the comer coordinates of the reef site will also be in possession of the GRANTEE's observer and the subcontractor when on site. The GRANTEE's observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments are taking place, The GRANTEE shall be responsible for insuring that all permit condition terms are complied with, 10, The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the saltwater artificial fishing reef project before, during, and after the deployment. Page 2 of 4, Attachment A Agenda Item No. 16D6 March 24, 2009 Page 16 of 30 ALLOWABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT I L Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E-9,004(l)(a), F.A.C, 12, 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 August 31, 2009 and the following items, at a minimum, must be included: a, methods: name and type of vessel, anchored or live boated, type of GPS unites), divers, survey methods; b, conditions: cloud cover, wind speed and direction, sea conditions, visibility, water temperature, currents; c, chronology: start and end of each dive; dive profile: dive plan, maximwn depth, dive time, distance and bearing searched; d, Coordinates: Describe the GPS unites) used to navigate to the site (model number). Describe whether differential, W AAS, and/or LORAN coordinates were recorded, Compare the dive locations to deployment location nwnbers, How well do they match the published nwnbers? e, Physical observations: Describe the number and size of material observed, What is the proximity of concrete pieces or modules to each other? What percent material was damaged or partially damaged? What is the maximwn and minimwn 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 fish 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). 13, Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment Docwnentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made, LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 14, Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, asswnption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement Page 3 of 4, Attachment A Agenda Item No. 16D6 March 24, 2009 Page 17 of 30 PAYMENT SCHEDULE 15, The GRANTEE shall be paid on a cost reimbursement basis by the COMMISSION in the form of a single final payment for the allowable costs incurred under this Agreement following satisfactory completion of the project and submission of all required project close out documentation, no later than the ending date of the Agreement. A timely reimbursement request following completion of actual field operations is strongly encouraged, The GRANTEE shall not be eligible for reimbursement for services performed after August 31, 2009, A final invoice must be received no later than October 15, 2009 to assure the availability of funds for payment. REPORTING, PERFORMANCE, AND PUBLICATIONS 16, 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. 17, A final field report providing the designated observer's narrative of the reef deployment operation is required prior to reimbursement. The field report shall include a written chronology and narrative describing the deployment, and a performance evaluation of the marine subcontractors who performed the work, The final field report should include video footage or photographs (underwater and/or surface), if available, 18, A Materials Placement Report shall be submitted to the COMMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report shall reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights 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 units cannot be obtained or are not known, barge displacement measurements are required, The GRANTEE's Project Manager or GRANTEE employed designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) comers 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-employed 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, 19. Any published articles related to this artificial reef activity should reflect the role of the USFWS Federal Aid in Sport Fish Restoration Program in assisting in the funding of this activity, REST OF PAGE INTENTIONAllY LEFT BLANKN Page 4 of 4, Attachment A Agenda Item No. 1606 March 24. 2009 Page 18 of 30 ATTACHMENT B Comptroller Contract Payment Requirements Department of Financial Services, Bureau of Accounting and Auditing Voucher Processing Handbook (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc,) 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 documentation representing the minimum requirements: (I) 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, Page I of I, Attachment B Agenda Item No. 16D6 March 24, 2009 ATTACHMENT C Page 19 of 30 REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. 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), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from 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 recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient 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 recipient 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 (Le" the cost of such an audit must be paid from recipient resources obtained from other than Federal entities), PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates slate financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient 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. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a Page] of 3, Attachment C Agenda Item No. 16D6 March 24, 2009 financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10~~Cllf 30 governmental entities) or 10.650 (nonprofrt and for-profit organizations), Rules of the Auditor General. If the recipient 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, Florida Statutes, is not required, In the event that the recipient 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, Florida Statutes, 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 recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section ,320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian SI. 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), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular A- 133, as revised. Pursuant to Section .320 (I), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian SI. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: The Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian SI. Tallahassee, FL 32399-1600 Page 2 00, Attachment C Agenda Item No. 1606 March 24, 2009 Page 21 of 30 The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement 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. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entitles) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should Indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director, Trevor Phillips, by phone at (850) 488-6068 or by email at trevor. ohiliosi1l!mvfwc. com PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. REST OF PAGE INTENTIONALLY LEFT BLANK Page 3 of3, Attachment C EXHIBIT - I FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Agenda Item No. 1606 March 24, 2009 Page 22 of 30 Federal Agency: Federal Program: CFOA Number: State Agency: State Program: Recipient: Amount: U.S. Fish and Wildlife Service Federal Aid in Sport Fish Restoration Program 15.605 Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Management Artificial Reef Grants Program Collier County $60,000 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1, Only the goods and/or services described within the attached Agreement and Attachment A 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. STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS': None SUBJECT TO SECTION 215.97, FLORIDA STATUTES (Florida Single Audit Act): None - State funds are for Federal Match only. COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Same as federal. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215,97, Florida Statutes, require that the information about Federal and State projects included In Exhibit I be provided to the recipient. Page 1 of I. Exhibit 1 Agenda Item No. 16D6 March 24. 2009 Page 23 of 30 ATTACHMENT E CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or more, and for all contracts and grants with sub-recipients regardless of amount, when funded by a federal grant. 1, The undersigned hereby certifies 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. 2, The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had 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 anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated th is day of Approved as to form & legal sufficiency CJiPOJ-U-~ Colleen Greene. Assistant County Attorney ATTEST: DWIGHT E. BROCK, Clerk By: debar.226/rev.12100 ,20_, By: Authorized Signature/Contractor Typed NamelTitle J.:::o \'I. VIA. F, cd (~ I C 1'\ 11.' r I'V'-tU'-..-- Grantee Name/Contractor Name . r n C ' Q I r '-ou,,"~'-i 'c"",-""-,SS,e'Vle.r,,, Coll,e.' CCLLV\t't UOC'--"" 0 I Street Address _ 330 I Tc....v..'C,-M' kiL'! E Building, Suite Number 13\A,5 1== City/State/Zip Code NC\f\es, H.,3tll;(' Area CoderTelephone Number ;l0'1 3S,;). - gOCJ 1 (Page 1 of 2) Page 1 of 2, Attachment E Agenda Item No. 1606 March 24, 2009 Page 24 of 30 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a materiai representation of fact upon which reliance was placed when this transaction was entered into, If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Florida Fish and Wildlife Conservation Commission (FWC) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4, The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of ruies implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any iower tier contract, or other covered transaction with a person who is debarred, suspended, deciared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the FWC or agency with which this transaction originated, 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7, A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous, A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8, Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, g. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the FWC or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. (Page 2 of 2) debar.226/rev.12100 Page 2 of 2, Attachment E I..', - -"It FiSH AND WilDLIFE SERVICE STATE GRANT PROGRAMS Ii' . . !. . " . ., , .' ; ,~gsnda item ~~o. 16D6 lv1arch ::'4. 2009 Page 25 of 30 . , , Plrt 523 Federal Aid Cornoll.net Rtaulremehll 523FW1.1 (2) U.S, Fish and Wildlife Service Guidelines for Compliance wllh Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implemenlatlan Plan C, Requirements, (11 Grantees may not, on the basis of race, color, or national origin, select, locate, or operate pralect facilities which will serve to exclude or limit opportunity for use or benelils. (2) Grantees shall make reasonable efforts to Inform the public of opportunities provided by Federal Aid prolects and shall Inform the public that the prolects are subject to Title VI compliance. (3) Though employment practices are not In themselves subject to Title VI, Title VI does apply to employment which may affect the delivery of services to beneficiaries of a federally assisted program, For the purpose of Title VI, volunteers or other unpaid persons who provide services to the public are Included. 1.4 Section 504 of the Rehabllltallon Act 011973 (29 U,S,C, 795) A, Summary, Ensures that no qualified handicapped person shall, on the basis of handicap, be exclUded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receIving Federat financial esslslance. e. Relerences, (1) Regulalions of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wlldllle Service Guidelines lor Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementaflon Plan C, Requirements, (1) Grantees may not deny a qualified handicapped person the opportunity to participate In or bAnellt from Federal Aid project facilltlas or services afforded to others. (2) Granlees may not deny a qualified handicapped person the opportunity to partlcipata as a member 01 a planning or advisory board. (3) The location of lacllitles shall not have the effect of excluding handicapped persons from, deny them the benefits of, or olherwlse subject them to discrimination under any Federal Aid proiect. 1,5 Age Discrimination Act 011975 (4~ U,S,C, 6101) 12117/92 FWM 061 New STATE GRAHT PROGRAMS "~!Ql stat, GIant Proarama ChBoter 1 Summary ( 1,1 Purpoae, The purpose 01 this chapler Is to summarize guidance on those requlremanls generally applicable 10 grant programs, 1.2 Applicability and Scope, in accepting Federal funds, Slales and other grantees must comply wllh all applicable Federal laws, regulations, and poilcles. This chapter Is not all,lncluslv9. Exclusion 01 any specific requirement does not relieve grantees of their responsibility for compliance, Copies 01 reference materials can be obtained from the Regional Offices. Guidance on the following requlraments Is contained In this chapter. A, Nondiscrimination Requirements, Title VI of the Civil Rights Act of t964 Secilon 504 of Ihe Rehabilitation Act of 1973 Age Discrimination Act of 1975 Title IX 01 the Education Amendments of 1972 e, Environmental Requlrementa, Coastal Zone Management Act of t 972 Executive Order 11967, Exotic Organisms Endangered Species Act of t 973 N allonal Environmental Polley Act of 1969 (N EP A) Floodplains and Wetlands Protection Animal Welfare Act of 1985 Coastal Barrier Resources Act 01 1982 C, Historic and Cultural Preservation Requirements. Nalional Historic Preservation Act 01 1966 D, Administrative Requirements, Uniform Re.localion Assistance and Real Property Acquisition Policies Act of 1970 Debarment and Suspension Orug.Free Workplace Act of 1966 Restrictions on Lobbying (P.L. 101, t 21) 1,3 Title vt 01 the Civil Rights Act 011964 (42 U,S,C, 2000(d)), A, Summary, Prohibits dlscrimlnetlon based on race, color, Dr national origin in any 'program or actlvlly receiving Federal financial assistance" e, References, Jl) Regulations of the Department 01 the Inlerlor (43 CFR Pari 17) ( -') .FIsH AND WILDLIFE SERViCE STATE GRANT PROGRAMS ) Agenda Item No. 16D,6', Marc~ 24': 200~ Page 26 of 30 "1 " St.t, Grant Proarams chlcte, 1 Summ8rV A. Summary. Prohibits dlscrlmlnallon on tha basis of age In programs or activities receiving Federal financial assistance, 8, Refer.nces, (1) Regulations of Ihe Department 01 the Interior (43 CFR Part 17) (2) U,S, Fish and Wlldllle Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U ,S, Fish and Wildlife Service Federally Assisted Program Implementallon Plan C, Requirements, No person In the United States shall, on the basis of age, be excluded from participation In, be denied the benefits of, or be subjectad to discrimination under any program or activity receiving Federal financial assistance, However, a grantae is permitted to take an action otherwlsa prohibited if the 8cllon reasonably takes Into account age as a factor necessary to Ihe normal operation or achievement of any statutory oblecllva of a program or activity, 1.6 Tille IX 01 the Education Amendment. 01 1972 (20 U,S,C, 1681, et..eq,) A. Summary. Prohibits dlscrlmlnallon on the basis of sex in any education program receiving Federal financial assistance. B, Relerences. (f) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S, Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements C, Requirements, No person In the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to dlscrimlnallon under any education program receiving Federal financial assistance, For the purpose 01 Title IX, hunter education and aquatic education project activities are consldared educallon programs, 1,7 Coastel Zone Menagement Act of 1972 (16 U,S,C. 1451 et. seq.) A, Summary. The Act is Intended to, 'preserve, protect, develop, and where possible, to restore or enhance, Ihe resources 01 the Nation's coastal zone.... B, References, Regulations of the Deparlment 01 Commerce (f 5 CFR 930), C, Requirements. Federal Aid projects, which would 'significantly affect the coastal zone' must be consistent with the approved State management programs developed under the Act. 'Prior to submitting a Grant Proposal for a project In the coastal zone 01 a Stale with an approved Coastal Zone Part 823 Feder!1 Aid ComDllance Reaulrement. 523 FW i.SA Management Program, the proposed project must be reviewed for consistency with the management plan, Granlees may be required 10 submit a statemenl attesllng to conformance with the Coastal Zone Management Plan, 1,8 Executive Order 11987, Exotic Organlsme. A. Summsry. Federal agencies shall discourage the Slates from Introducing exotic species Into natural ecosystems of the United states, In addition, Federal agencies will restrict the use of Federallunds for the purpose of Introducing exotic species Into ecosystems outside of the United States, B. References, Executive Order 11987, Exotic Organisms, 42 FR 26949 (May 25, 1977) C. Requirements. (I) Any proposal for the Introduction 01 an exotic species into a nalural acosystem by a Slale fish and wildlife agency must Include a biological opinion from the U,S, Fish and Wlldll'e Service supporUng lhe proposed Introducllon, (2) To obtain a biological opinion, the state agency shall provide the Regional Director with 8 written request lor the opinion logelher with sny available Information Including, but not limited to, NEPA documents, biological data, and project plans, (3) Alter receiving a biological opinion, It will be the responsibility 01 the State agency to adhere 10 the recommendations oulllned in that opinion. 1.9 Endangered Species Act 011973 (16 U,S,C. 1531-1534), A, Summary. Actions funded under the Federal Aid programs must not jeopardize the continued exlslence of any endangered or threatened species, or result in the deslruction or advarse modlflcetlon of the habitat of the species. B. Reference, Section 7 Consultation Requirements, 43 FR 870 (Jan. 4, 1978), C, Requirements. The Regional Director musl ensure that Federaf Aid projects are not likely 10 leopardize the continued existence of endangered or threatened species or resullln the destrucUon or adverse modification of crlllcal habitat. For prolects which may affect an endangered or threatened species, either beneficially or adversely, a formal Section 7 consultation Is necessary, The State Is required to name the listed species and/or critical habitat Included; list lhe name, dascrlpUon, and location ollha area; list objectives of the acUons; and provide an explanation 01 the Impacts of the actions on a IIsled species or Its critical habitat. 1.10 Netlonal Envlronmentel Policy Act 011989 (42 U,S,C, 4321-4347), ( (, STATE GRANT PROGRAMS , . ",- 1....,1 .. ...... ~. I ~ \ 'j t. Agenda Item No. 16D6 March 24, 2009 Page 27 of 30 '1 ;,j FISH AND wiLbLlFE SERVICE STATE GRANT PROGRAMS Slit. Grantproaraml Chaot.r 1 SUmmary ( A. Summary. Requires that avery proposed Federal action be examined to detarmlne the effects (beneficial or adverse) II will have on the human environment and thai the findings be conaldered In decisions regarding Its Implementallon, B. Relerenen. (1) Regulations of the Council on Environmental Quality Implemenllng the procedural provisions of NEPA, (40 CFR 1500-1608) , (2) Departmental Manual, Environmental Quality, Part 516, (3) Fish end Wlldllle Service Manual, National Environmental Policy Act, Part 550, (4) National Environmental Policy Act Handbook for Federal Aid Prolects. The Assistant Dlrector.Flsh and Wildlife Enhancement Is authorized to promulgate the National Environmental Policy Act Handbook for Federal Aid Prolects, C, Requlremente. Each action proposed lor Federal funding must Include an Environmental Assessment (EA), Environmental Impact Slatement (EIS), or show that the proposed activity Is covered by one or more categorical exclusions. For specific requirements and procedures, see National Environmental Policy Act (NEPA) Handbook lor Federal Aid Projects, 1,11 Floodplalne and Wetlend. Protection, A, Summ.ry. Federal Aid funds may not be used for projects affecting floodplains or wetlands unless Ihere Is no practical allernatlve outside the floodplain or wetland and only II actions are taken to minimize the adverse eHects. B. Relerence.. (1) Executive Order 11988, Floodplain Management, 42 FR 26951 (May 25, 1977), (2) Execullve Order 11990, Protection 01 Wellands, 42 FR 26961 (May 25, 1977). (3) Department of Interior Procedures for Implementation, 520 DM 1, (4) Natural Resources Protection, 813 FW, C, Requlrementl. The Executive orders on floodplains and wellands require Federal agencies to review proposed actions to ensure thai there are no praotlcal alternatives outside the floodplain or weiland, end to ensure that potential harm Is mlnlmlzad, If there are no practical allernatlves to proposed prolects In floodplains or wetlands, actions to minimize Ihe adverse effects should be Incorporated Into the proiect plans, 1,12 Animal Wellare Act 011985,7 U,S,C, 2131, et uq, "A, Summery, Requires the humanetrealmenl of animals (exclusive 01 fish) used In research, experimentation, testing, and teaching. ( Part 523 Federal Aid ComDHlnCt Aeaulrlmenta 523 FW 1.10A B. Refmncu, Regulallons of Ihe Department of Agrlcullure, Animal and Plant Health Inspection Service (APHIS), 9 CFR Parts 1,2 and 3 (54 FR 36112 (Aug, 31, 1989), C, Requlremlnt.. Grantees who use Federal Aid funds 10 conduct covered management or research or who engage In Interstate shipment 01 animals should contact Ihe local Animal and Plant Health Inspection Service (APHIS) office for Instructions, A IIsl of the APHIS offices may be obtained from the Regional Offices, 1.13 Coastel Barrlen RBBourc91 Act of 1982 (16 U,S,C. 3501),91 emendld by the C09ltal Barrier Improvement Ael 011990 (P,L, 101-591) A, Summery, The purpose 01 the Acts are ....10 minimize the loss 01 human life, wasteful expenditure 01 Federal revenues and damage to fish and wildlife, and other natural resources associated with coastal barrIers.... B, Ralerenc9l, U.S, Fish and Wildlife Service Advisory Guidelines, 48 FR 45664 (Oc\. 6, 1983). C, Requirements, Activities conducted within a unit of the Coastal Barrier Resources System must mset the requirements of section 6 01 the Ac\. Secllon 6 requires consultation with the Service, via the appropriate Regional Office. 1,14 Natlonel Historic Preservation Act 011966,16 U,S,C, 470. A, Summery, Federal agancles may not approve any grant unlass the project Is In accordance with national pollcles relating to the preservation ot historical and cultural properties and resources. B. References. (1) National Register of Historic Places (36 CFR 60), (2) The Archeological and Historic Preservallon Act 01 1974, 16 U,S,C, 469a, (3) Procedures tor the Protecllon of Historic and Cultural Properlles (36 CFR 600). (4) Determinations of Eligibility lor Inclusion In the Nallonal Register of Historic Places (36 CFR 63). (5) Criteria for Comprehensive Statewide Historic Surveys and Plans (36 CFR 61). (6) Cultural Resources Protecllon, 614 FW, C, Requlrementa, (1) States must consult with the State Historic Preservation Officer (SHPO) for those actlvllles or projects that ara defined as undertakings under the National Historic Preservetlon Act. An undertaking Is defined as e project, acllvlty, Or program that can result In changes In the 12/17/92 FWM 061 New STATE GRANT PROGRAMS ) FisH AND WILbLlFE SERVICE' STATE GRANT PROGRAMS ) , , Agenda Item Nil. ,6,0..6' I ,,' March 24:2009 'Ii.; Page 28 of 30 ... St.t. Grant Proaram. Cheater i SummarY char acter or use of properties Ihat ara listed on or potentially eligible lor listing on the National Register of Historic Places (Nallonal Register) and located within lha project's area of potenllal ellec!. Undertakings Include new and continuing projecls, activities, or programs and any 01 their elements not previously considered under Section 106 of Iha Nallonal Historic Preservallon Act. (2) In cases where a Fedaral Aid project has been determined to be an undertaking, the State must nollfy Ihe appropriate Service Regional Director for guldanca on how to proceed with Secllon 106 compliance, Based on the results of the consultation between the State and SHPO, the Service will determine the need and level of Inventory to Identify historic properties that may be aHecled by Ihe undertaking and 10 gather sufficient Information to evaluate whelher these properties are listed or are eligible for listing In Ihe National Register, (3) Where completed Inventories Indicate that Identified historic properties may be aHected by Ihe undertaking, the State shall be responsible for submllllng the necessary documentation to the appropriate Regional Director for review. As nacessary. the Service shall seek determinations of eligibility for those properties thai are to be allected by the proposed activity, (4) if a Slate Is edvlsed by the SHPO that an undertaking will adversely affect a property that is eligible for or listed on Ihe National Register, the State shall ask the appropriate Regional Director to determine measures for mlllgatlng or avoiding Impacts, This may require the development of a memorandum of agreemenl among the Service, Slate, and State Historic Preservation OHicer to address specific measures that will be employed to avoid or minimize adverse ellects to historic properties locatad within the area 01 potential eHecl. Adverse effects that may diminish the charactar and Integrity of historic properties Include: (s) Physical destruction, damage, or alteration 01 all or part of the property; (b) Isolation of the property from or alteration of the character of the property's selling when Ihat character contributes to the property's qualification for the National Reglsler of Historic Places; (c) Introducllon of visual, audible, or atmospheric elements thaI are out of character with the property or alter Its selling; (d) Neglect of a property rasulting In Its deterioration or destruction; and (el Transfer, lease, or sale of the historic property, (5) If a previously unknown property that Is eligible for listing on the National Register Is discovered at any lime during the Implementation period of a Federal Aid project, the Regional Dlrectormust be notified and all acllons which Plrt &23 Flcieul Atd ComDllancl R.Du'rlmlnt. 523 PW 1. i4C12) may adversely eHectlt musl be suspended, The Service shall provide the State with Instructions on how to proceed, 1.15 Uniform Relocation AulstancI and Rial Property AcqUisition Pollcl.. Act 011970, II smlndld (42 U.S.C. 4801) A. Summary. Federal agencies may not approve any grant unless the grantee provides Assurances that It will comply with tha Act. Prices to be paid for lands or Interests In lands must be fair and reas.onable (except when the price Is fixed by law, or when the lands are to be acquired at public auction or by condamnatlon and tha value determined by the court), Persons displaced from their homes, businesses, and farms must receive relocation services, compensation, and fair equitable trealm ent. B, References. (1) Department of Inlerlor Uniform Relocallon Assistance and Real Property Acquisition Regulations (41 CFR 114,50), (2) Department of Transportallon Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (49 CFR Part 241, C, Appnlsal Rlqulremlntl, (1) A real property ownar or his designated representallve must be contacted prior to making an appraisal and given an opportunity to accompany the appraiser during Inspection of the property. The lact that il occurred must be documented In projecl files and In the appraisal report, (2) Real property must be appraised, the appraisal report reviewed, and Ihe lair market value established prior 10 Initiation of negotiations with the owner, (3) If Ihe acquisition of only part of a property will leave the owner with an uneconomic remnant. the State or other' grantee must offer to buy the whole property, The term 'uneconomic remnant' applies only to Tllla III of the Act and the necessity of the acquiring agency to oller to purchase such a remainder or the entire property, It Is not to be construed with the term 'uneconomlc unit' as It applies to the In.lleu payment of farm operations under Tille II of the Act. D, Negotiation Requirements, (1) An owner or his designated representative' must be provided, in person or by certified mafl, a wrlllen statement of lust compensation as determined In the apprelsal process, OHers of compensation cannot be less than the approved appraisal of fair market value of such property, If only a portion of the owner's property Is being taken and the owner Is left with an uneconomic remnant, the agency must offer to buy Ihe whole property, (2) Reimbursement to a real property owner for costs to convey a title musllnctude: ( ( STATE GRANT PROGRAMS ( ( If t ~ . .~.. J.J '-.. I , Agenua Item No. 16D6 March 24, 2009 Page 29 of 30 I FiSH AND WilDLIFE SERVicE STATE GRANT PROGRAMS stat, Grant Proarams ChaD'" 1 Summary (a) Recording fees, transfer taxes, and slmller cosls; (b) Penalty cost for prepayment 01 pre. existing recorded mortgage; and (c) Pro. rata porlion of real property taxes allocable 10 a period subsequent to the date of vesting title. (3) All displaced persons (owners and tenants) must be provided Information on their relocation benefits. E, Ralocatlon Aaalslancs to Displaced People, (1) A relocation plan must be prepared lor displaced persons so that problems associated with displacement 01 Individuals families, businesses, farms and nonprofit organlzall~ns are known at an early slage In a project's development (see 49 CFR 24.205). Planning may involve the following: (a) Who and what will be displaced. (b) The estimated number of dwellings, businesses, larms, and nonprofit organlzallons displaced, including renlals. This estimate should contain: (I) Currenlly available replacement housing, businesses, farm, and organization sites; (11) Approximate number of employees affected; (III) Types of buildings, number, and size of rooms; (Iv) The needs of those displaced (Ie. lifestyle); end (v) Type of neighborhood, distance to community lacilllles, church, etc. (c) List of comparable replacement dwellings, Including ,entals, available on the ma,kel within a 50.mlle radius Ispeclallzed unils may ,equlre expanding radius). When an adequate supply 01 comparable housing is notexpecled to be available, consideration 01 Housing of the Last Resort actions should be instituted. (d) Estimate of cosl of replacement housing by purchase andlor rental per displaced person, and consideration of special needs like the elderly or handicapped. (s) Estimate of cost for moving, (2) Advisory SSIVlen ler Displaced Peopls, Advisory services must be provided lor all persons occupying property to be acquired and lor all persons who usa such real property for a business or farm operation. Eligibility requirements and corresponding benefits must be explained to all displaced persons, Assistance must be provided to persons completing claim 10rms, obtaining moving services, and obtaining pro par housing, (3) Payment !or Relocation of Dlaplaced Pallona, Relocalion expenses must be paid to a displaced person who purchases and occupies a replacement dwemng. Part 623 Federal Aid Comclllnc. Reaulrem.nt. 523 FW 1,15DI2\(I\ Moving and relaled expenses will be provided 10 displaced persons residing on real property Including those persons owning a business or a farm, All payments must comply with the requlremants of Ihe Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 1,16 Dsbarmsnt and Suspension A, Summary. Executive Ordar 12549, Debarment and Suspension, dlrecls that persons debarred or suspended by one Federal agency Irom receiving grants may not receive grants from any Federal agency, 9, RafallnclI, (1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986, (2) Department of Interior Rules, Governmentwlde Debarment and Suspension (Nonprocurement), 43 CFA 12.100.12.510 C, Requlremsnts, (1) Stales and other grantees must subm It the certification for Primary Covered Transactions (01.1953), States certify as to their 'principals', not Ihe Slata agency, State principals are commissioners, directors, project leaders, or other persons with primary management or supervisory responsibilities, or a person who has a critical Influence on or substantial control over Federal Aid projects. Stat as may provide the certification annually, Olher grantees must provide the certillcatlon with each Application for Federal Assistance. (2) States and othe, grantees must obtain from their subgranlees and contractors a certltlcatlon for lower Tier Covered Transactions (01.1954). A certificallon Is not required for small purchase procurements, currently defined as less than $25,000, These certifications are normally provided with an application or proposal from a sub grantee or contractor. (3) States and other grantees must not make any award, either by subgrant or contract, to any party which Is debarred or suspended or Is otherwlsa Ineligible under provisions of Executive Order 12549. The U.S. General Services Administration maintains a list of parties debarred, suspended, Inellglbla or excluded from participation In Federal granls under the provision of the Executlva order. A copy of this lIalls available, upon request, from the Regional Director. 1,17 Drug.Frll Workplace Act of 1988, A, Summary. The Drug.Free Workplacs Act requires that all grantees certity that they will maintain a drug,lree workplace, 9. Ralartncn, Oepartment of Interior Rules, Drug.Free Workplace Requirements, 43 CFR 12.600.635. 12/17/92 FWM 061 Naw STATE GRANT PROGRAMS ) FiSH AND WilDLIFE SERViCE STATE GRANT PROGRAMS ) Agenda Item NO.. ~"~'~ Marcb 24.'~O~90 Page 30 of 30 stett Grant Proarlma Part 523 Fedenl Aid Cornall.nee Reaulrements ChBDter 1 SUmmary 523 FW 1.i1e C, Requlremenla. Grant.. organizations mUst: (I)' Establish (and publish) a policy that Informs employees that the manufacture, distribution, possession, or use of a controlled substance In the workplace Is prohibited; (2) Establish an awareness program 10 Inform employees of the dangers of drug abuse In the workplace; and (3) Provide a drug-tree workplace cartlflcatlon to the Department of Interior or U.S, Fish and Wildlife Service, The forms for providing the certification are available Irom the Regional Director, Stale agencies may certify annually, If the State agency Is covered by a consolldaled certification for all State agencies, a copy of the consolidated certification should be submlt1ed to the Regional Director, (The original Is retained by the State.) Grantees other than Slate agencies must submilthe certification wllh each Grant Agreement. 1.18 Restrictions on Lobbying (P,L.l0l.121) A. Summary. Prohlblls the Use 01 Federal appropriated funds for lobbying ellher the executive or legislative branches of the Federal Government In connection wilh a specific contract, grant, loan, or cooperative agreement. 8, Relerences, Department of the Interior Rules, 43 CFR Part 18, !-lew Restrictions on Lobbying. C. Requirements. (1) Recipients of Federal grants are prohibited from using Federal appropriated funds, e.g, grants, to pay any person for Influencing or attempting to Influence an officer or employea 01 any Federal agency, a member of Congress, or an employee of a member 01 Congress In connection with a specific contracl, grant, loan, or cooperative agreement. (2) Proposals for grants In excess 01 $100,000 must contain a cerllflcation that no part of the funds requested will be used for lobbying, Copies of the certification form, Form 01.1963, can be obtained from the Regional Oltlces, (3) Recipients of grants In excess of $100,000 must file a disclosure form on lobbying activities conducted with other than Faderal appropriated funds, Form SF.LLL and SF.LLL.A, Continuation Sheet, shall be used lor this purpose, Copies of the forms can be oblalned from the Regional Offices. ( ( STATE GRANT PROGRAMS