Fort Walton Beach Council agenda — 01-25-05 - regular — reading text

retention period established above, the records shall be retained until all litigation, claims or audit fmdings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five years following final disposition. 11. In addition to the provisions contained in paragraph 10 above, the Grantee shall comply with the applicable provisions contained in Attachment D, Special Audit Requirements. A revised copy of Attachment D, Exhibit- 1, must be to the Grantee with each amendment which authorizes a funding increase or decrease. The provided revised Exhibit- l shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. If the Grantee fails to receive a revised copy of Attachment D, Exhibit- I, the Grantee shall notify the Grants Development and Review Manager at ( 850) 245- 2361 to request a copy of the updated information. 12. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. C. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third party without the mutual written agreement of the parties hereto. D. This Agreement is an exclusive grant and may not be assigned in whole without the written approval of the Department. 13. 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. 14. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing"under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 240 ( 02/ 04) DEP 55- DEP Agreement No. LES77, Page 4 of 7 15. The Department' s Grant Manager ( which may also be referred to as the Department' s Project Manager) for this Agreement is identified below. Jan DeLaney Florida Department of Environmental Protection Division of Law Enforcement, MS665 3900 Commonwealth Boulevard Tallahassee, Florida 32399- 3000 Telephone No.: 850- 245- 2847 Fax No.: 850- 245- 2859 E-mail Address: Jan.DeLaneva4dep. state. fl.us 16. The "Grantee' s Grant Manager ( which may also be referred to as the Grantee' s Project Manager) for this Agreement is identified below. The Department must be notified in writing of any change in this information within ten days. Sam Wilson City of Fort Walton Beach 105 Miracle Strip Parkway Fort Walton Beach, Florida 32549 Telephone No.: 850- 833- 9932 Fax No.: N/A E- mail Address: N/A 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 proj ect 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 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 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 his employees not otherwise protected. 18. 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. 19. 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. 20. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased under this Agreement. However, the Grantee shall complete and sign a Property Reporting Form, provided as Attachment C, and forward it along with the appropriate invoice to the Department' s Grant Manager. The following terms shall apply: A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. c. The Grantee is responsible for any loss, damage, or theft of,and any loss, damage or injury caused by the use of, non- expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. DEPSS-240 ( 01/ 04) DEP Agreement No. LE577, Page 5 of 7 21. A. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement ( e. g., specifications, task time lines within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders aresubject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increaseor decrease in the Grantee' s cost or time, or a change in ownership shall require formal amendment to this Agreement, and not be eligible for processing through the change order procedures described above. B. The project completion date may be extended by change order issued by the Department, subject to the same terms and conditions and the availability of funding. Request for extension of time in which to complete this project shall be in writing and shall be requested at least sixty ( 60) days prior to the completion date as described in paragraph 3 above. 22. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in participation performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public 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 perform 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. In accordance with Executive Order 12549, Debarment and Suspension ( 43 CFR 12. 75),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 by the U.S. Fish and Wildlife Service to the Department. 24. The U. S. Fish and Wildlife Service and Department, reserve a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant. B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with grant support. 25. 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