Fort Walton Beach Resolution — 2011-34--brooks landing waterfront revitalization grant — reading text

Department of Environmental Protection Florida Coastal Management Program 3900 Commonwealth Boulevard, Mail Station # 47 Tallahassee, Florida 32399 -3000 Telephone No.: ( 850) 245 -2161 Fax No.: ( 850) 245 -2189 E -mail Address: Domecia.Allen @dep. state. fl.us C. The Grantee' s Grant Manager ( which may also be referred to as the Grantee' s Project Manager or Point ofComaict) for this Agreement is identified below. Michael Beedie City of Fort Walton Beach 105 Miracle Strip Parkway SW Fort Walton Beach, Florida 32548 Telephone No.: ( 850) 833 -9503 Fax No.: ( 850) 833 -9640 E -mail Address: mbeedie(rffwb.om D. The Grantee' s Fiscal Agent for this Agreement is identified below. Brandy Worker City of Fort Walton Beach 105 Miracle Strip Parkway SW Fort Walton Beach, Florida 32548 Telephone No.: ( 850) 833 -9513 Fax No.: ( 850) 833 -9640 E -mail Address: bw= kerf@,fwb. orgare 13. INSURANCE A. 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 the Grantee' s 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 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 the Grantee' s employees not otherwise protected. B. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 14. CONFLICT OF INTEREST 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 performance of services required. DEP Agreement No. CM217, Page 7 of 11 DEP 55 -236 ( 08/ 11)  15. EQUIPMENT The purchase of non- expendable equipment costing $ 1, 000 or more is not authorized under the terms of this Agreement. 16. CHANGE ORDERS The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee' s cost or time, shall require formal amendment to this Agreement. 17. QUALITY ASSURANCE ffot, lyplicahle ] If the Grantee' s project involves environmentally related measurements or dam generation, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient m produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62 -160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, Attachment 1, Quality Assurance Requirements, attached hereto and made a part hereof. 18. DISCRIMINATION A. 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. B. The Grantee agrees to comply with the provisions of 15 CFR Pan 8 " Nondiscrimination in Federally Assisted Programs." 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 the performance of this Agreement. 19. DEBARMENT /SUSPENSION In accordance with Executive Order 12549, Debarment and Suspension ( 2 CFR 1326), 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 NOAA to the Department. 20. COPYRIGHT, PATENT AND TRADEMARK The U. S. Department of Commerce, NOAA and the Department reserve a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: A. The copyright in any work developed under a grant or contract under a grant. B. Any rights of copyright to which a grantee or a contractor purchases ownership with grant support. C. All patent rights, copyrights and data rights must be in accordance with 15 CFR 14. 36 and 15 CFR 24. 34, as applicable. DEP Agreement No. CM217, Page 8 of I1 DEP 55 -236 ( 08 /11) 21. GEOSPATIAL DATA A. If funds are provided under this Agreement for the collection or production of geospatial data e.g., GIS data layers, acquisition of topographic or bathymetric data or other remotely sensed data), the Grantee shall provide relevant information (e. g. expected dates of data collection, type of collection, flight lines, etc.) to the FCMP as early as practicable before dam collection commences. B. This information will be shared with the NOAA office( s) having an interest in these types of data and the appropriate NOAA staff will work with the Grantee to ensure the data and the planned acquisition activities are registered in Geospatial One -Stop ( geodata.gov) and comply with OMB Circular A -16, Coordination of Geographic Information and Related Spatial Data Activities at: http: / w / ww. whitchouse.gov /omb /circulars /a0Wa016 rev.html. G The Grantee shall document all new geospatial data it collects or produces using the metadala standards developed by the Federal Geospatial Data Committee ( FGDC), and make that standardized documentation electronically accessible to NOAA, if requested. These standards can be found at htt p : / /www.fgdc. gov /metadata/ csdgm/. 21 STATE HISTORIC PERSERVATION OFFICER' S CLEARANCE A. If prehistoric artifacts such as potter or ceramics, stone tools or metal implements, or any other physical remains that could be associated with Native America cultures or early colonial or America settlement are encountered at any time, the project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The grantee or other designee should contact the Department' s Grant Manager and the Florida Department of State, Division of Historical Resources, Compliance and Review Section at ( 850) 245 -6333. Project activities should not resume without verbal and/ or written authorization from the Division of Historical Resources. B. In the event that unmarked human remains are encountered during permitted activities, all work must stop immediately and the proper authorities notified in accordance with Section 872. 05, Florida Statute. 23, PUBLICATIONS PHOTOGRAPHS AUDIOVISUALS & SIGNS Before publishing or printing a final draft of any publication pertaining to this Agreement, such draft shall be sent to the Department' s Grant Manager for review and approval. This does not apply to the required quarterly reports referred to in paragraph 4 of this Agreement. A. Publications, printed reports ( other than the scientific, technical, or professional publications as identified in paragraph 22.13. below), videos, websites or other materials must include the NOAA logo ( logos can be found at the FCMP web site at hftp:// www.dep. state. fl. us/ cmp/ Umts/lamos/ index.ht or contact the Department' s Grant Manager to get a copy) and the following statement on the cover of first page: This ( repom video /website /publication) was funded in part, through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office of Ocean and