Okaloosa County BOCC — October 21, 2014 — S0717agreement — reading text

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. 16. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. DEP Agreement No. S0717, Page 5 of 8 17. The Department's Grant Manager for this Agreement is identified below. Johanna Poston Department of Environmental Protection Bureau of Solid & Hazardous Waste 2600 Blair Stone Road, MS 4555 Tallahassee, Florida 32399-2400 Phone No.: (850) 245-8731 Fax No.: (850) 245-8811 Email: johnanna.poston@dep.state.fl.us 18. The Grantee's Grant Manager for this Agreement is identified below. Marcella B. Eubanks C/O Contracts and Grants 1804 Lewis Turner Blvd., Suite 206 Fort Walton Beach, Florida 32547 Phone No. (850) 651-7200 ext. 4381 Fax No.: (850) 609-5029 Email: meubanks@clerkofcourts.cc 19. 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 its 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. 20. The Grantee shall ensure that its subcontractors secure and maintain such insurance as will protect it from claims under Workers' Compensation Acts; commercial general liability coverage with limits ofnot less than $1,000,000 per occurrence and $2,000,000 annual aggregate for bodily injury and property damage; and comprehensive automobile liability coverage with limits of not less than $1,000,000 combined single limit for bodily injury and property damage. The Grantee shall ensure that its subcontractor's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice to the Grantee. 21. 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. 22. 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. 23. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Project Agreement. 24. 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. DEP Agreement No. S07 l 7, Page 6 of 8 25. 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 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 posts 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. 26. The Grantee is responsible for the professional quality, technical accuracy, and timely completion and coordination of all specifications, reports, and other services furnished by the Grantee under this Agreement. The Grantee shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its specifications, reports, and other services. 27. The Grantee shall be responsible for obtaining all applicable local, state, and federal permits. 28. Land acquisition is not authorized under the terms of this Agreement. 29. 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 hereon or in connection herewith shall be brought in Leon County, Florida. 30. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEPAgreementNo. S0717, Page 7 of8  IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. OKALOOSA COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSION ENVIRONMENTAL PROTECTION By: _ _ _ _ _ _ _ _ _ __ By: _ _ _ _ _ _ _ _ _ _ _ __ Charles K. Windes, Jr. Secretary or designee Title: Chairman Date:_ _ _ _ _ _ _ _ _ _ _ __ FEID No.: 59-6000765 DEP Contracts Administrator *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 Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment Grant Work Plan (4 Pages) Attachment Payment Request Summary Form and Instructions (2 Pages) Attachment Contract Payment Requirements Cl Page) Attachment Progress Report Form (1 Page) Attachment Special Audit Requirements (5 Pages) Attachment lnterlocal Agreements (32 Pages) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0717, Page 8 of 8