Okaloosa County BOCC — November 4, 2014 — Agreement & Attachments — reading text

follows: $300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable $300,000 Hired and Non-owned Liability Coverage C. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee'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 (with the exception of non-payment of premium which requires a 10 day notice) to the Department's Procurement Administrator. 22. 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. 23. RESERVED. 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. 25. RESERVED. Revised 7/14 DEP Agreement No. LP46042, Page 8 of 12 26. RESERVED. 27. 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, as defined in section 287.134, Florida Statutes, 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. 28. A. The accounting systems for all Grantees must ensure that funds awarded by this grant are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the Department finds that these grant funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. C. If the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. Revised 7/14 DEP Agreement No. LP46042, Page 9 of 12 29. The Grantee is authorized to purchase the land described in Attachment A. All land acquired under this Agreement shall be used in perpetuity for the purposes described herein. The following language shall be included on the deed to the property purchased under this Agreement: “By acceptance of this deed, Grantee hereby agrees that the use of the property described herein (the “Property”) shall be subject to the terms and conditions contained in that certain Grant Award Agreement (DEP Agreement No. LP46042, which is attached hereto as Exhibit 1 and by reference made a part hereof (hereinafter referred to as the “Restrictive Covenants”). These Restrictive Covenants shall run with the title to the Property in perpetuity and be binding upon Grantee and all successive owners (and all parties claiming by, through and under the owners) of the Property. The Florida Department of Environmental Protection shall be deemed a third party beneficiary of these Restrictive Covenants in a court of competent jurisdiction. The Department shall have the authority to enforce these Restrictive Covenants in any judicial proceeding seeking any remedy recognizable at law or in equity, including an action or lawsuit seeking damages, injunction, specific performance, or any other form of relief, against any person, firm or entity violating or attempting to violate any of these Restrictive Covenants. The failure by the Department to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of such covenant or restriction or of the right of the Department to thereafter enforce such covenant or restriction. The invalidation of any one of the provisions of these Restrictive Covenants by a court of competent jurisdiction shall in no way affect any of the other provisions of these Restrictive Covenants, which shall remain in full force and effect. Venue for enforcement actions regarding these Restrictive Covenants shall be in the Circuit Court of Leon County, Florida. Grantee agrees to incorporate these Restrictive Covenants in any subsequent deed or other written legal instrument by which Grantee transfers or conveys fee simple title or any other lesser estate in the Property or any part thereof to a third party either verbatim or by making an express reference to these Restrictive Covenants and specifically identifying the official records book and page at which this deed is recorded in the public records of Okaloosa County, Florida. Grantee further agrees to give written notice to the Department of the conveyance or transfer of any interest in the Property at least 20 days prior to the date of such conveyance or transfer.” “Requests for release of the Restrictive Covenants from the Property shall be directed to the Florida Department of Environmental Protection, Office of General Counsel, Attention: Contracts Attorney, 3900 Commonwealth Boulevard MS35, Tallahassee, Florida 32399-3000. The request should include the DEP Agreement No. LP(*2), the total funding amount paid by the State of Florida, the date of acquisition, and the Department’s Grant Manager’s name.” If for any reason the above referenced language is not incorporated into the deed by which the Grantee acquired the Property, the Grantee shall be required to execute and record a Declaration of Restrictive Covenants (on a form obtained from the Department of Environmental Protection) that shall run with the title to the Property. Requests for the Declaration of Restrictive Covenants form shall be directed to the DEP Grant Development and Review Manager, Procurement Section, 3900 Commonwealth Boulevard, Suite 235G, Mail Station 93, Tallahassee, Florida 32399-3000. Revised 7/14 DEP Agreement No. LP46042, Page 10 of 12 30. 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. 31. 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 Revised 7/14 DEP Agreement No. LP46042, Page 11 of 12  IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. OKALOOSA COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By:~~~~~~~~~~~- By:_ _ _ _ _ _ _ _ _ _ _ __ Char les K. Windes, Jr., Chairman Program Administrator State Revolving Fund Venkata Panchakarla, DEP Grant Manager FEID No.: 59-6000765 Approved as to form and legality: DEP Attorney List of attachments/exhibits included as part of this Agreement: Letter/ Specify Type Number Description (include number of pages) Attachment A Project Work Plan (3 Pages) Attachment B Disbursement Request Package (3 Pages) Attachment c Contract Payment Requirements (I Page) Attachment D Progress Report Form (I Page) Attachment E Reserved Attachment F Reserved Attachment G S~ecial Audit Requirements (5 Pages) Revised 7/14 DEP Agreement No. LP46042, Page 12of12  ATTACHMENT A PROJECT WORK PLAN OKALOOSA COUNTY LP46042 Project Title: Okaloosa Island Water Supply Project Project Location Okaloosa Island, Okaloosa County, FL Project Background: Okaloosa County Water and Sewer (OCWS) installed a water supply main in 2001 to replace an older water main that provided potable water to the residents and businesses located on Okaloosa Island (Island), a tourist community located just east of Fort Walton Beach, Florida. The older 16-inch ductile iron water main, which is suspended along the side of Brooks Bridge, is exhibiting signs of significant deterioration and is vulnerable to hurricanes and damage from other external forces. The newer main was installed as a subaqueous