Fort Walton Beach Resolution — 2008-27-FDEP Eglin Stormwater Grant — reading text

interest income against the Department' s obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the time frame identified above or invoices must be received within the same timefTame that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds that have not been remitted to the Department, shall be returned to the Department within sixty ( 60) days of Agreement completion. . The parties acknowledge that the State' s Chief Financial Officer may identify additional hereto requirements, which must be met in order for advance payment to be authorized. If the State' s Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in "" Titing, by the Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department' s Grant Manager of the Grantee' s acceptance of the tenns imposed by the State' s Chief Financial Officer for release of the funds. If advance payment is authorized, the Grantee shall be responsible for submitting the infonnation requested in the Interest Earned Memorandum ( Attachment E) and the Advance Pa) 1TIent Justification Fonn Attachment F) to the Department' s Grant ~ 1anager quarterly. This infonnation shall be requested by the Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/ reporting requirements established in paragraphs 3 and 5. 17. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter' s employees unless such DEP Agreement No. LP892 1, Page 4 of 6  employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance co coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate fonns of insurance. The Department shan have no liability except as specifically provided in this Agreement. 19. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the perfonnance of services required. 20. The purchase of non expendable personal property or equipment costing $ 1, 000 or more is not authorized under the tenns of this Agreement. 21. The Department may at any time, by written order designated to be a change order, make any change in the Project Work Plan within the general scope of this Agreement ( e. g., specifications, task timeline within current authorized agreement period, method or manner of perfonnance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that causes an increase or decrease in the Grantee' s cost or time shall require fonnal amendment to this Agreement. 22. A. 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 perfonnance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid contract to provide goods or services to a public on a entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perfonn work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/ 487- 0915. 23. Grantee matching funds have been used for the acquisition of land for this project. The Grantee agrees that the funds used to purchase the land shall not be used as match to any other Agreement supported by State or Federal funds. 24. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. 0 DEP Agreement No. LP892I, Page 5 of6 0.' ,',.C'. , n',',,_.. .... ....~""'_~. c...."--'-'_~~~......=.:.....>..~"'"'~.-.. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year 0 last written below. CITY OF FORT WALTON BEACH STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: City Manager* Deputy Director Division of Water Resource Management Date: Date: Tommy Williams, DEP Grant Manager. FEID No.: For Agreements with governmental boards/ commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/ exhibits included as part ofthis Agreement: Specify Letter/ Description ( include number of pages) Type Number Attachment A Project Work Plan (14 Pages) Attachment B Disbursement Request Package ( 3 Pages) Attachment C Progress ReportF onn ( 2 Pages) Attachment D Special Audit Requirements ( 5 Pages) Attachment E Advance Payment - Interest Earned Memorandum ( 1 Page) Attachment F Advance Payment Justification Form ( 3 Pages) C> DEP Agreement No. LP892 I , Page 6 of 6 0 EXHIBIT " F- 2" n of Drainage Easement Descripti() rt~ C' F':~ L:;' : HA \.~. C[ L~\. N I' 5LV:': t,'(~I:; Gl cr _ A\: i E.:~'-; G A ~' G~ no,', OJ- n-~ R: rL. I Cf ~. A f!.PA.R:~~ O~:: LD ;\ r: r 2. ~ {,,: E il /. "' Ll~ E:: CO;.( I 5l: IID' J 1..3. 381". 1 :); 0......5{\~[: 51..:: l PA.