Okaloosa County BOCC — January 21, 2014 — 010614 OKBP-1038 Agreement — reading text

FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT AGREEMENT 5 tae ihe F Okaloosa County Agreement No. OKBP-1038 This agreement is entered into this day of > ; between Okaloosa County, hereinafter referred to as the COUNTY, and the Town of Cinco Bayou, hereinafter referred to as the TOWN, in pursuance of a project approved under the Florida Boating Improvement Program (FBIP). 1. The TOWN, as the official applicant and recipient of program funds, shall be responsible for project administration and accountability. The TOWN shall act as agent for the COUNTY for construction of the project authorized by this agreement. 2. The TOWN agrees to construct the project known as Sea Way Street Boat Launch Improvements in accordance with the plans and specification prepared by, or under the supervision and review of, a registered professional architect, engineer or other appropriate professional. 3. This Agreement shall become effective upon execution by the COUNTY. The TOWN agrees to complete the project on or before one year from the effective date. 4. The COUNTY agrees to obligate and make available to the TOWN the approved project amount of _$ 15,000.00_ for the project authorized by this Agreement. The COUNTY will release the funds on a reimbursement basis. The COUNTY and TOWN understand and agree that there shall be no reimbursement of funds by the COUNTY for any expenditure made prior to the execution of the Agreement. 5. The TOWN shall submit to the COUNTY signed quarterly project status reports on a calendar basis summarizing work accomplished, problems encountered, percentage of completion, and other appropriate information. Photographs shall be ECEIVE JAN - 6 2014 Lith submitted when appropriate to reflect work accomplished. 6. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 7. Upon project completion, the engineer, architect or other appropriate professional shall sign a statement certifying satisfactory completion of the project in accordance with the prepared plans and specifications. 8. Eligible and the ineligible program costs are established in Chapters 62A-11 and 62D-5, Part III, Florida Administrative Codes. The TOWN shall submit payment requests and expenditure documentation to the COUNTY in detail sufficient for a proper pre-audit and post-audit thereof. The COUNTY shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date on the project and, if in order, approve the request for payment. The COUNTY shall retain 10% of the project amount until completion of the project and all final project documentation has been submitted by the TOWN and approved by the COUNTY. 9. The TOWN is responsible for obtaining all state and federal permits, licenses, agreements, leases, easements, etc., required for the project. 10. The COUNTY and TOWN shall retain all records supporting project costs for three (3) years after the fiscal year in which the final program payment was released by the COUNTY or until final resolution of matters resulting from litigation, claim, or audit that started prior to the expiration of the three-year record retention period. 11. The COUNTY reserves the right to inspect the project as well as the right to audit any and all financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally canceled by the COUNTY should the TOWN refuse to allow public access to all documents, papers, letters or other material made of received in conjunction with the Agreement pursuant to the provisions of Chapter 119. Florida Statutes. 12. The COUNTY and TOWN acknowledge that the project is to repair access to the boat launch with new under-laying and resurfacing; replacement_and expansion of deteriorating decking on catwalks and expand width; repair ramp pads, and as such, is already dedicated for public recreational use for a minimum of twenty-five (25) years, and that such dedication for the park is recorded in the public records of Okaloosa County. The TOWN agrees to return to the COUNTY the funds tendered for the project in the event the project becomes utilized for other than the purposes of the project during this period. 13. The TOWN shall erect a permanent sign identifying the program and the COUNTY as a funding source of project construction. 14. The COUNTY shall have the right to terminate this Project agreement and demand refund of Program funds for non-compliance with the terms and conditions of the Program. Failure to comply with these terms and conditions shall result in the COUNTY declaring the TOWN ineligible for further participation in the Program until such time as the TOWN complies therewith. 15. 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. 16. This Agreement strictly prohibits the expenditure of funds for the purpose of lobbying the legislature, the judicial branch, or state agency. 17. The TOWN shall have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to S. 11.45, Florida Statutes (2003). 18. If it becomes necessary for the COUNTY to demand a refund of any or all funds tendered pursuant to the Agreement, the TOWN agrees to return said funds to the COUNTY, within sixty (60) days after notification by the COUNTY. If not returned within sixty days, the TOWN understands and agrees that any further requests for funding as to this or any other program under the COUNTY’S administration shall be denied until the funds have been returned. 19. Following receipt of an audit report identifying any reimbursement due the COUNTY, the TOWN will be allowed a maximum of sixty (60) days to submit additional documentation to offset the amount identified or to return the amount due. 20. 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY By: Charles K. Windes Jr, Chairman John Dowd, County Attorney ADDRESS: ATTEST: 1759 S Ferdon Boulevard Crestview, Florida 32536 Gary Stanford, Clerk of Courts TOWN OF CINCO BAYOU 10 Yacht Club Dr. Cinco Bayou, FL 32548 . AA ogy Nell Dykes Jeffrey Melfi Town ES ontlerk Town Melos *Ifsomeone other than the Chairman signs the contract, a resolution, statement or other document authorizing that person to sign the contract on behalf of the county must accompany the contract. ATTEST: Tl Dydh Nell Dykes Town Clerk