Backup Documents 03/24/2009 Item #16D 6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 160 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures. dales, and/or information needed. Ifthc document is already complete with the
excePtion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Sue Filson. Executive Manager Board of County Commissioners
2, Minutes and Records Clerk of Court's Office
3.
4.
5.
6.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval, Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one ofth~ addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the
item.)
Name of Primary Staff Debbie Eurom/Marlene Foord Phone Number 2528989/252-4768
Contact
Agenda Date Item was March 24, 2009 Agenda Item Number 16.D.6.
Approved bv the BCC
Type of Document Grant Agreement Number of Original 3
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages ITom ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages ITom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time ITame or the BCC's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on 03/24/09 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es. if a Iicablc.
Yes
(Initial)
DE
N/A (Not
A licable)
2,
3,
4.
5.
6.
N/A
DE
DE
DE
DE
I: Formsl County Forms! BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16Dt~6
MEMORANDUM
Date:
June 22, 2006
To:
Debbie Eurom, Office Manager
Collier County Airport Authority
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Grant Agreement
Enclosed please find three (3) original documents, as referenced above,
(Agenda Item #16D6), approved by the Board of County Commissioners on
Tuesday, June 20, 2006.
Please forward a fully executed document to the Minutes and Records
Department for the Board's Official Record.
If you have any questions. please call me at 252-7240.
Thank you.
'-.
Enclosures (3)
Florida Fish
and Wildlife
Conservation
Commission
CCMm:ssio!'ers
Rodney Barreto
Chair
Miami
Kathy Barco
VIce-Chair
Jacksonville
Ronald M. Berceron
Fort Lauderdale
Richard A. COrbett
Tampa
Dwight Stephenson
Defray Beach
Kenneth W. Wright
Winter Park
Brian S. Yablonski
Tallahassee
Executive Staff
Kenneth O. Haddad
Executlve Director
Nick Wlloy
AsSistant Executl....e
Director
Karen Ventimlgtla
Deputy Chief at Staff
Division of Marine
Fist1eries Mamlgernent
Mark S. Robson
Director
(850) 487-0554
(850) 487-4847 FAX
Managing fish and wildlife
resources for their long-
term well-being and the
benefit of peop/e,
620 South Mendlan Street
Tallahassee. Flonda
32399-1600
VOice: t850) 488.4676
Heanng,lspceCh Impaired:
(800) 9558771 (T)
(800) 955.8770 (V)
MyFWC.com
16016
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 find 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 terms of the Grant
Agreement incorporate the terms of your project as specified in your grant application. and the
requirements of Chapter 68R-9. F.A.C.lfyou have any questions regarding the Grant Agreement,
please contact me at (850) 922-4340 x208 or by email atbill.horn@myfwc.com.
~~
William Horn, Environmental Specialist III
Artificial Reef Program
Division of Marine Fisheries Management
WMH
Enclosures
16016
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 apart 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 1 of 10
160 ~6
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 (FEID)
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 of funds 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 100% 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 3230 I
TERMINATION
10. 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
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160 \6
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
Pamelakevesialcolliergov.net
COMMISSION
William Horn. Environmental Specialist III
FWC Division of Marine Fisheries Management
2590 Executive Center Circle East, Suite 203
Tallahassee, Florida 3230 I
(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
160 16
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 REQUIREMENTS
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 ofthis 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
purposes.
Page 4 of 10
160 16
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,
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160 ~6
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 of this 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 REQUIREMENTS
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 of this 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 III Sport Fish
Restoration Program funding in any publicity related to this Agreement.
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160 6
39. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days
notice for any artificial reef construction that occurs as a result of this Agreement.
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 REQUIREMENTS
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-l33. 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 U,S. 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 U.S.
Fish and Wildlife Service.
Page 70fl0
160 i~6
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 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 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 Debarments. 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 will be
paid. on or after December 22. 1989, by or on behalf of the GRANTEE. to any person for
influencing or attempting to influence an officer or employee of an agency. a Member of
Congress. an officer or employee of Congress, or an employee of a Member of Congress, in
connection with the awarding, renewal, amending or modifying of any Federal 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
501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does
not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the
subcontract.
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
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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
16D 6
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
BOA F COUNTY OMMISSIONERS
FLORIDA FISH AND WILDLIFE
CONSERV A nON COMMISSION
By:
By:
Director. Division of Marine Fisheries
or Designee
,i:)J\A.It\.A, (<(,-IlL t\..A\ I'm Cd\...
(Print Signatory's Name and Title)
Date: ())l},4-{,%CCj
. ,
Date:
Collie, C0"-,^"'1 &;".(0 00 CD\L"~ C'c""-""'S',;Lne,S
(Grantee) , _
330 I Th",-,,,,-'" , TI'",-d E., Rid') r '
(Address)
_NLLV\e s, r:= L- 34 lid-..
(City. State, and Zip Code)
SCJ -IoDDO 5 <; '3
(Federal Employer Identification Number)
Approved as to form and legality:
2Jla,
IkJA~)l~
FWC Attorney
Reimbursement Check Remittance Address:
3.301 To.",\c'-I"-' Tnc.l E
(Address)
~le<;.FL- ~(I,.:J
(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 ,JI', ;-..,
Attachment D
Attachment E
Approved 88 to form & legel sufficiency
tt{;j~
Colleen Greene,
AssiSlBl1t County Attorney
Page 10 of 10
,?:"
ATTEST: " .' , ': "
DWIGHT E. BROCK, CISf,k
BY~
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,
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161) 6
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 81054,050' W. Site #1
(2) 26010.260' N and 810 54,000' W. Site #2
(3) 26010,240' N and 810 54.030' 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
160 6
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
16D 6
.
ALLOWABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT
II, Funds from this Agreement may be expended on the activities listed pursuant to Chapter
68E-9,004(l )(a). FAC.
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(l)(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 unit(s).
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. maximum depth.
dive time. distance and bearing searched;
d, Coordinates: Describe the GPS unit(s) used to navigate to the site (model
number). Describe whether differential, W AAS. and/or LORAN coordinates
were recorded. Compare the dive locations to deployment location numbers,
How well do they match the published numbers?
e. Physical observations: Describe the number and size of material observed. What
is the proximity of concrete pieces or modules to each other? What percent
material was damaged or partially damaged? What is the maximum and
minimum relief of the site? How do these observations compare to the Material
Placement Report Form information submittal?
f. Footprint area: Measure the approximate total area covered by each patch reef
through standard in situ survey practices.
g, Biological observations: Describe any 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. Documentation 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, assumption 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
16D 6
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 offunds 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 BLANK
Page 4 of 4, Attachment A
160 6
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:
(1) Salaries:
A payroll register or similar documentation should be submitted, The payroll register
should show gross salary charges. fringe benefits. other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable,
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g.. insurance premiums paid), If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown,
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112,061. Florida Statutes.
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated, Documentation must be provided to
show compliance with Department of Management Services Rule 60A-l.O 17. 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
16D 6
ATTACHMENT C
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 state 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 1 of3, Attachment C
160 6
financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit 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 (Le., 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 St.
Tallahassee, FL 32399-1600
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required
by Sections ,320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit
Clearinghouse), 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 St.
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 St.
Tallahassee, FL 32399-1600
Page 2 of 3, Attachment C
16D 6
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 entities) 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. ohilios@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
16D 6
EXHIBIT - I
FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Federal Agency:
Federal Program:
CFDA 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 I
16D 6
-
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 this ;/4+'\ day of ;\\i:WCh, ,20i8..
By:
Authorized
Approved as to form & legal sufficiency
C~~
Colllln Greene.
Asllll8l1t County AttornlY
Typed NamelTitle
"() \, V\C,- r-, {L I c~ I C)UU r' f'nJU'-
Grantee Name/Contractor Name
, '1 I f (loc<..v\-\\j CCf,,^,--"""'-~~-:":'lDVleu'~
Co\\,b C:CLl'\t'1 b\Oc,--,-", 0 I
Street Address _
33c.1 I<<-''''-'(''''^-' \nL'\ E
ATTEST:
D~HTE. BROe. ' ' lerk
By:
Atttlt IS to . '
,tout*'t.OlI!'.'",
Building, Suite Number
8L.-\Cj F
City/State/Zip Code
Nc,-\)\t s, FL-, 3+11J.
Area CodefTelephone Number
c:i:::)9 ,95]. <JU11
(Page 1 of 2)
debar.226/rev.12100
Page 1 of2, Attachment E
16n 6
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 material 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 rules
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 lower tier contract, or other covered transaction
with a person who is debarred, suspended, declared 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.
9. 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 Government, 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
FiSH AND wiLDLIFE SERVICE
STATE GRANT PROGRAMS
I
I ~' '
,. ~"_ a
":,
St.t, Grlnt Prooram.
ChaD'" 1 Summery
(
1,1 Purpolt, The purpose of this chapter Is to summarize
guidance on those requirements generally applicable to
grant programs,
1.2 Applicability and Scopa. In accepting Federal funds,
States and other grantees must comply with all applicable
Federal laws, regulations, and policies, This chapter Is not
all.incluslve. Exclusion of any specific requirement does not
relieve grantees of their responsibility for compliance,
Caples of relerence materiels can be obtained from the
Regional Offices. Guidance on the following requirements Is
contained In this chapter.
A. Nondiscrimination Requirements.
Title VI of the Civil Rights Act of f 964
Section 504 of the Rehabilitation Act of t 973
Age Discrimination Act of t 975
Title IX of the Education Amendments of t 972
B. Environmental Requirements,
Coastal Zone Management Act of t 972
Executive Order t t 987, Exotic Organisms
Endangered Species Act of t 973
National Environmental Policy Act 011969 (NEPA)
Floodplains and Wetlands Protection
Animal Welfare Act of t 985
Coastal Barrier Resources Act of t 982
C, Historic and Cultursl Preservation Requirements.
National Historic Preservation Act of 1966
0, Administrative Requirements.
Uniform Re,locatlon Assistance and Reai Property
Acquisition Policies Act of 1970
Debarment end Suspension
Drug.Free Workplace Act of t 988
Restrictions on Lobbying (P.L, IOf.f21)
1,3 Title Viol the Civil Rlghta Act of 1964 (42 U,S.C.
2000(d)),
A, Summary, Prohibits discrimination besed on race, color,
or national origin in any 'program or activity receiving
Federal financial assistance,'
B. References.
jl) Regulations of the Department 01 the Interior 143 CFR
Part 17)
(
II
6
- ,
,
160
Part 523 Federal Aid ComDlllncl Rlaulrlmtnil
523FW1.1
(2) U ,5, Fish end Wildlife Service Guidelines for Compliance
with Federal Nondiscrimination Requirements
(3) U,S, Fish and Wildlife Service Federally Assisted
Program Implementallon Plan
C, Requirements.
(1) Grantees may not. on the basis of race, color. or
nallonal origin. select, locate, or operate project facllttles
which will serve to exclude or limit opportunity for use or
benellts,
(2) Grantees shall make reasonable efforts to Inform the
public of opportunities provided by Federal Aid prolects and
shall inform the public that the projects are subject to Title VI
compliance,
(3) Though employment practices are not In themselves
subject to Tille VI, Tille 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,
voiunteers or other unpaid persons who provide services 10
the public are Included,
1.4 Sectlcn 504 of the Rehebllltatlon 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 benetils of. or be subjected to
discrimination under any program or ectivlty receiving
Federal financial assistance,
B. References.
(1) 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
(3) U,S. Fish and Wildlife Service Federally Assisted
Program Implementation Plan
C, Requlrsments.
(1) Grantees may not deny a qualified handicapped person
the opportunity to participate In or bAnailt from Federal Aid
project lacilllles or services afforded to others,
(2) Grantees may not deny a qualified handicapped person
the opportunliy to participate as a member of a planning or
advisory board,
(3) The location ollacilities shall not have the effect of
excluding handicapped persons from, deny them the benefits
01, or otherwise sublect them to discrimination under any
Federal Aid project.
1,5 Age Discrimination Act 011976 (42 U.S.C. 5101)
12/17/92 FWM 081
!ltw._
STATE GRANT PROGRAMS
............. ...... _....1Ilt.
') FISH AND WILDLIFE SERVICE
STATE GRANT PROGRAMS
)
lon 6,
'.' ",.", i
.'
Stat, Gnnt Proanms
ChlDter 1 Summary
A. Summary, Prohibits discrimination on the basis of age
In programs or activities receiving Federal financial
assistance.
B. Reterencas.
(1) Regulations of the Oepartment of the Interior 143 CFR
Pari 17)
(2) U,S, Fish and Wildlile Service Guidelines for Compilance
with Federal Nondiscrimination Requiremenls
(3) U,S, Fish and Wildlife Service Federally Assisted
Program Implementation Plan
C. Requirements. No person in the United Stales shail, on
the basis of age, be excluded from participation In, be denied
the benefits of, or be sublecled to discrimination under any
program or activity receiving Federal financial assistance.
However, a grantee Is permitted to take an action olherwise
prohibited If the action reasonably takes Into account age as
a factor necessary to the normal operation or achievement of
any statutory objective of a program or actlvlly,
1.6 Title IX of the Education Amendmente 011972 (20
U.S.C. 1681, et.seq.)
A. Summary. Prohibits discrimination on the basis of sex In
any education program receiving Federal financial
assistance,
B, Rererences.
(1) Regulations of the Department of Ihe Interior (43 CFR
Part 17)
(2) U,S. Fish and Wildtlfe Service Guidelines for Compliance
with Federal Nondiscrimination Requirements
C. Requirements. No person In Ihe United States shall, on
the besls of sex, be excluded from participation in, be denied
the benefits of. or be subjected to discrimination under any
education program receiving Federal financial assistance.
For the purpose Of Title IX, hunter education and aquatic
education project acllvltles are considered education
programs.
1.7 Coastll Zonl Mlnlgement Act 011972 (18 U.S.C.
1451 et. seq.)
A, SUmmlry. The Act Is Intended to, 'preserve, protect,
develop, and where possible, to restore or enhance, the
resources of the Nation's coastal zone..,.
B, Reterlnces. Ragulatlons of Ihe Department of
Commerce (15 CFR 930),
C, Requlremente. Federal Aid projects, which would
'slgnlflcantiy affect the coastal zone' must be consistent with
the approved State management programs developed under
the Act. 'Prior to submitting a Granl Proposal for a prolect in
the coastal zone of a State wllh an approved Coastal Zone
Part 523 Federal Aid ComDllanc8 Reaulrement.
523 FW i.SA
Management Program, the proposed prolect must be
reviewed for consistency wllh the management plan,
Grantees may be required to submll a statement attesting to
conformance wllh Ihe Coastal Zone Management Plan,
1.8 Executive Order 11987, Exollc Orgenleme.
A. Summlry. Federal agencies shill discourage the States
from Introducing exotic species Into natural ecosystems of
the United States, In addition, Federal agencies will restrict
the use of Federal funds for the purpose of Introducing exotic
species Into ecosystems outside ollhe United States,
B. Relerences. Executive Order 11987, Exotic Organisms,
42 FR 26949 (May 25, 1977)
C. Requirements.
(1) Any proposal for Ihe Inlroduclion of an IXOtlC species
Into a natural ecosystem by a State fish and wlldilfe agency
must Include a biological opinion from the U,S, Fish and
Wildlife Service supporting Ihe proposed Introduction,
(2) To obtain a biological opinion, the State agency shail
provide the Regional Director with a written request for the
opinion togelher wllh any available Information Including, but
nollimlled to, NEPA documents, biological data, and project
plans, (3)
After receiving a biological opinion, II will be the
responsibility of the State agency 10 adhere to the
recommendations outlined In that opinion,
1.9 Endangered Species Act of 1973 (16 U.S.C.
1531-1534),
A. Summlry. Actions funded under the Federal Aid
programs must not jeopardize the continued existence of any
endangered or threatened species, or result In the
deslructlon or adverse modification of Ihe habitat of Ihe
species,
B. Referenca. Secllon 7 Consultation Requirements, 43 FR
870 (Jan, 4, 1978).
C. Requirements. The Regional Director must ensure that
Federal Aid projects are not likely 10 jeopardize the
continued existence of endangered or threatened species or
result In the destruction or adverse modification of crlllcal
habitat. For projects which may affect an endangered or
threatened species, either beneficially or adversely, a formal
Section 7 consullatlon Is necessary, The Stale Is required to
name the listed species and/or crlllcal habitat Included; list
the name, description, and location of the area; list
objectives of the actions; and provide an explanation of the
impacts of the actions on a IIsled species or Its critical
habitat.
1,10 National Environmental Policy Act or 1969 (42
U,S,C.4321-4347),
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A. Summary, Requires thai every proposed Federal action
be examined to determine the effects (beneficial or adverse)
II will have on the human environment and lhatthe findings
be consldsred In decisions regarding Its Implementation.
B. Relerenc...
(1) Regulations of the Council on Envlronmentel Quality
Implementing the procedural provisions of NEPA, (40 CFR
1500.150B) ,
(2) Departmental Manual, Environmental Quality, Pari 516,
(3) Fish and Wildlife 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 for Federal
funding must Include an Environmental Assassment (EA),
Envlronmentallmpect Statement (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
Federel Aid Prolects,
1.11 Floodplains end Wetlands Protection.
A, Summary. Federal Aid lunds may not be used lor
prolects affecting floodplains or wetlands unless there Is no
practical alternative outside the floodplain or wetland and
only II actions are taken to minimize the adverse effects.
B, Relerenc...
(1) Executive Order 11988, Floodplain Management, 42 FR
26951 (May 25,1977).
(2) Executive Order 11990, Protection 01 Wetlands, 42 FR
26961 (May 25, 19771,
(3) Oepartment 01 Interior Procedures for Implementallon,
520 DM 1,
(4) Natural Resources Protection, 613 FW,
C, Requlrementa. The Executive orders on floodplains and
wetlands require Federal agencies to review proposed
actions to enSUre that there are no practical allernatlves
outside the floodplain or wetland, and to ensure that
potential harm is minimized, If there are no practical
alternatives to proposed prolects In floodplains or wetlands,
actions to minimize the adverse effects should be
Incorporated Into the project plans,
1,12 Animal Wellare Act 011985, 7 U,S.C, 2131, at I8q,
A, Summary, Requires the humane trsatment 01 animals
(exclusive of fish) used In research, sxperlmentatlon, tesling,
and teaching,
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523 FW 1.10A
B. ReferenclI, Regulations 01 the Department 01
Agriculture, Animal and Plant Health Inspection Service
(APHIS), 9 CFR Psrts 1, 2 and 3 (54 FR 36112 (Aug, 31,
1989),
C. Requirements, Grantees who use Federal Aid funds to
conduct covered management or research or who engage In
Interstate shipment of animals should contact lhe local
Animal and Plant Health Inspection Service (APHIS) office
for instructions, A list of the APHIS offices may be obtained
from the Regional Offices.
1.13 Coastsl Bsrrlers RllourclI Act 011982 (18 U.S,C,
3501), II smended by the COlltal Barrier Improvement
Act 011990 (P.L, 101-591)
A, Summery. The purpose 01 the Acls are '",10 minimize
the loss of human life, wasteful expenditure of Federal
revenues and damage to fish and wildlife, and other natural
resources associated with coastal barriers",'
B. ReterenclI. U,S, Fish and Wildlife Service Advisory
Guidelines, 48 FR 45664 (Ocl. 6, 1963),
C. Requirements. Aclivllles conducted within a unit 01 the
Coaslal 8arrler Resourcea System must meat the
requirements of section 6 of the Act. Section 6 requires
consultation with Ihe Service, via the appropriate Regional
Office.
1.14 Natlonel Historic Prellrvetlon Act 01 1965, 16
U,S.C, 470,
A. Summary. Federal agencies may not approve any grant
unless the project is In accordance with national policies
relating to Ihe preservation of historical and cullural
properties and resources,
B. References,
(1) National Register 01 Historic Places (36 CFR 60),
(2) The Archeological and Historic Preservation Act of 1974,
16 U,S,C, 469a,
(3) Procedures tor the Protection of Historic and Cullural
Properties 136 CFR 800),
(4) Oetermlnations of Eligibility for Inclusion In the National
Register of Historic Places (36 CFR 63),
(5) Criteria tor Comprehensive Statewide Historic Surveys
and Plans (36 CFR 61),
(6) Cultural Resources Protection, 614 FW,
C, Requirements,
(1) Statss musl consult wllh the State Historic Preservation
Officer (SHPO) tor those activities or projects that are
detined as undertakings under the National Historic
Preservation Acl. An undertaking Is defined as a prolect,
activity, or program that can result In changes in the
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ChIDt" 1 Summary
character or use of properties that are listed on or potentially
eligible lor listing on the National Register 01 Historic Places
(National Register) and located within the prolect's area 01
potential effect. Undertakings Include new and continUing
projects, activities, or programs and any of their elements
not previously considered under Section 106 of the Netlonal
Historic Preservation Act.
(2) In cases where a Federel Aid prolect has been
determined to be an undertaking, the State must notify the
appropriate Service Regional Director lor guidance on how
to proceed with Section 106 compliance, Based on the
results of the consultation between the Slate and SHPO, the
Service will determine the need and level of Inventory to
Identify historic properties that may be aHected by the
undertaking and to gather sufficient Information to evaluate
whether these properties are listed or are eligible for listing
In the National Register.
(3) Where completed Inventories Indicate that Idenllfled
historic properties may be affected by the undertaking, the
State shall be responsible for submlfflng the necessary
documentallon to the appropriate Regional Director for
review. As necessary, the Service shall seek determlnallons
of eligibility for those properties that are to be affected by
the proposed activity,
(4) If a State Is advised by the SHPO that an undertaking
will adversely affect a property that Is eligible for or listed on
the National Register, the State shall ask the appropriate
Regional Director to determine measures for mitigating or
avoiding Impacts, This may require the development of a
memorandum of agreement among the Service, State, and
State Historic Preservallon Officer to address specific
measures that will be employed to avoid or minimize adverse
effects to historic properties located within the area of
potenllal effect. Adverse effects that may diminish the
character and integrity of historic properties Include:
(a) 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 setting whan that character
contributes to the property's qualification for Ihe National
Register of Historic Places;
(c) Introduction of visual, audible, or atmospheric elements
Ihat are out of character with the properly or alter Its setting;
(d) Neglect of a property resulting In Its deterioration or
destruction; and
(a) 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 time
during the Implementation period of a Federel Aid project,
the Regional Director must be nollfled and all actions which
Part 523 Feder.1 Aid ComDllanc. Reaulrement.
523 FW 1.14C121
may adversely eHecl1t must be suspended, The Service
shall provide the State with Instructions on how to proceed,
1.15 Uniform Relocation Alllstanca and Real Prop arty
Acqulaltlon Potlclll Act of 1970, as amandad (42 U,S.C.
4601)
A. Summary. Federal agencies may not approve any grant
unless the grantee provides Assurances that It will comply
with the Act. Prices to be peld for lands or Interests In lends
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 condemnation and the value determined by the
courl), Persons displaced from their homes, businesses,
and farms must receive relocation services, compensation,
and fair equitable treatm anI.
B. References.
(1) Departmenl of Interior Uniform Relocation Assistance
and Real Property Acquisition Regulations (41 CFR 114.50),
(2) Department of Transportallon Uniform Relocation
Assistance and Real Property Acquisition lor Federal and
Federally Assisted Programs (49 CFR Part 24),
C, Appraisal Requlrementa.
(1) A real property owner or his designated representative
must be contacted prior to making an appraisal and given an
opportunity to accompany the appraiser during Inspection 01
the property. The lactthal il occurred must be documented
in projecl flies and In the appraisal report,
(2) Real property must be appraised, the appraisal report
reviewed, and the fair market value established prior to
Initiation of negotiations with the owner.
(3) If the acqulslllon of only part 01 a property will leave the
owner with an uneconomic remnant, the State or other
grantee must oHer to buy the whole properly, The term
'uneconomic remnant' applies only to Tille III of the Act and
the necessity of the acquiring agency to oHer to purchase
such e remainder or the entire property, Ills not to be
construed wllh the term 'uneconomic unit. as It applies to
the In-lieu payment of farm operallons under Tille II 01 the
Act.
0, Negotiation Raqulremanta,
(1) An owner or his designated representallvemust be
provided, In person or by certltled mall, a written statement
of just compensallon as determined In the appraisal process,
OHers of compensation cannot be loss than the approved
appraisal of lair market value of such property, If only a
porllon of the owner's property Is being taken and the owner
Is left with an uneconomic remnant, the agency must oHer to
buy Ihe whole property,
(2) Reimbursement to a reel property owner for costs to
convey a tllle must Include:
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(a) Recording fees, transfer taxes, and similar costs;
(b) Penally cost for prepayment of pre. existing recorded
mortgage; end
(c) Pro. rata portion of reel property taxes allocable to a
period subsequent to the dete of vesting title,
(3) All displaced persons (owners and tenants) must be
provided Inlormatlon on their relocation benefits,
E, Relocation Anlstence to Dlspteced People,
(1) A relocallon plan must be prepared for displaced
persons so Ihat problems associated with displacement of
Individuals families, businesses, farms and nonprofit
organlzall~ns are known at an early stage In a project's
development (see 49 CFR 24,205), Planning may Involve
the lollowlng:
(a) Who and what will be displaced,
(b) The esllmated number 01 dwellings, businesses, farms,
and nonprofit organlzallons displaced, Including rentals,
This esllmata should contain:
(I) Currently available replacement housing, businesses,
farm, and organizallon sites;
(II) Approximate number of employees affected;
(III) Types of buildings, number, and size 01 rooms;
(Iv) The needs ot those displaced (i.e. lilestyle); and
(v) Type of neighborhood, distance to community facililles,
church, etc.
(c) List of comparable replacement dwellings, Including
rentals, available on the market within a 50. mile radius
(specialized units may require expanding radius). When an
adequate supply of comparable housing is not expected to
be available, consideration of Housing of the Last Resort
acllons should be Instituted,
(d) Estimate of cost of replacement housing by purchase
andlor rentai per displaced person, and consideration of
special needs like the elderly or handicapped,
(e) Estimate of cost for moving,
(2) Advisory Servlen lor Dlspllcld Peopls. Advisory
servloes must be provided for all persons occupying property
to be acquired and for all persons who use 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 complellng claim forms, obtaining moving services,
and obtaining proper housing,
(3) Plyment lor Reloeltlon 01 Dllpllced Plrlons.
Relocallon expenses must be paid to a displaced person
who purchases and occupies a replacement dwelling,
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P.rt 623 Feder.1 Aid ComDllancl Rlaulrem.nt.
523 FW 1.15D'2Ua\
Moving and related expenses will be provided to displaced
persons residing on leal property Including those persons
owning a business or a farm, All payments must comply with
the requirements of the Uniform Relocallon Assistance and
Real Property Acqulslllon Policies Act of 1970,
1.1 e Deblrment snd Suapenelon
A, Summlry. Execullve Order 12549, Debarment and
Suspension, dlrecls that persons debarred or suspended by
one Federal agency from receiving grants may not receive
grants from any Federal agency.
B, Relerencn.
(1) Execullve Order 12549, Debarment and Suspension,
Feb, 18, 1986,
(2) Department of Interior Rules, Governmenlwlde
Oebarment and Suspension (Nonprocurement), 43 CFR
12.100.12.510
C, Requlremsnts.
(1) States and other grantees must submltlhe certification
for Primary Covered Transacllons (01.1953). States certify
as to their 'principals', not the State agency, State
principals are commissioners, directors, project leaders, or
other parsons with primary management or supervisory
responsibilities, or a person who has a critical Influence on
or substantial control over Federal Aid projects. Slalas may
provide the certification annually. Other grantees must
provide the certification with each Application for Federal
Assistance,
(2) States and other grantees must obtain from their
subgrantaes and contractors a certification for Lower Tier
Covered Transactions (01.1954). A certification is not
required for small purchase procurements, currently defined
as less than $25,000, These certlficallons are normally
provided with an application or proposal from a subgrantee
or contraclor,
(3) States and other grantees must not make any award,
alther by subgrant or contract, to any party which is debarred
or suspanded or is otherwise Ineligible under provisions of
Executive Order 12549, The U,S, General Services
Administration maintains a list of par lies debarred,
suspended, Ineligible or excluded from partlclpetion In
Federal grants under the provision of the Executive order. A
copy 01 this list Is availabla, upon request, from the Regional
Director.
1,17 Drug.Frn Workpllce Act of 1988,
A, Summary. The Orug.Free Workplace Act requires that
all grantees cerllfy that they will maintain a drug. free
workplace,
B. Refarencn. Department of Interior Rules, Drug.Frae
Workplace Requirements, 43 CFR 12,600.635,
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ChiD.., 1 Summary
C, Requlremente. Grantae organizations must:
(1)' Establish (and publlshl 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 to Inform employees of
the dangers of drug abuse In the workplace; and
(3) Provide a drug.free workplace certification to Ihe
Department of Interior or U,S, Fish and Wildlife Service, The
forms for providing the certification are available from the
Regional Director. State agencies may certify annually, If
the State agency Is covered by a consolidated certification
lor all State agencies, a copy of the consolidated certification
should be submitted to the Regional Director. (The original
is retained by the State.) Grantees other than Stale agencies
must submit the certification with each Grant Agreement.
1.18 Restrictions on lobbying (P,L.l01-121)
A. Summsry. Prohibits the use 01 Federal appropriated
funds lor lobbying either the executive or legislative
branches of the Federal Government In connection with a
specific contract, grant, loan, or cooperative agreement.
B. References. Department of the Interior Rules. 43 CFR
Part 18, New 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 10 Influence an officer or
employee of any Federal agency, a member of Congress, or
an employee of a member of Congress In connection with a
specific contract, grant, loan, or cooperative agreement.
(2) Proposals for grants In excess of $100,000 must contain
a certification thai 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 DHlces,
(3) Recipients of grants In excess of $100,000 must file a
disclosure form on lobbying activities conducted with other
than Federal appropriated funds, Form SF.LLL and
SF-LLl.A, Continuation Sheet, shall be used lor this
purpose, Copies of tha forms can be oblalned from the
Raglonal OHlces.
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