Fort Walton Beach Resolution — 2008-12-Stormwater Initiative Grant--NWFWM — reading text

Florida Forever Act [ Section 259. 105( 4), Florida Statutes ( F. S.)] and the Florida Forever Water Management District Work Plan ( Section 373. 199, F. S.); and WHEREAS, up to 50% of the DISTRICT' s Florida Forever funding may be used for implementation of capital improvement projects; and WHEREAS, the DISTRICT has made a portion of its Florida Forever Funding available to local governments and other eligible government entities through a competitive grant and procurement process; and WHEREAS, the DISTRICT, is authorized under 373. 083( 1), Florida Statutes to contract with public agencies; and WHEREAS, the GRANTEE has proposed a stormwater retrofit project within the Choctawhatchee River and Bay watershed; and WHEREAS, the proposed project is consistent with and will help in achieving the goals of the Florida Forever Act and the Choctawhatchee River and Bay Surface Water Improvement and Management ( SWIM) Plan; and Page 1 of 5 I I WHEREAS, the Governing Board of the Northwest Florida Water Management District has approved funding the proposed project through the DISTRICT' s Florida Forever Competitive Capital Improvement Grant Program. NOW, THEREFORE, in consideration of mutual covenants and conditions contained herein, the parties mutually agree as follows: 1. The GRANTEE, in accordance with ATTACHMENT 1, " Eglin Parkway Stonnwater Initiative Statement of Work," and consistent with the Florida Forever Grant Application for said project, will retrofit current stonnwater treatment systems by installing a pollutant separator unit to improve stonnwater discharge from a 62- acre highly urbanized watershed. DISTRICT grant funds shall be used only for construction aspects of the project: expenditure of grant funds for staffing, travel, lobbying, design, pennitting, surveying, land acquisition, and any other non- construction activities shall be disallowed. 2. As consideration for this AGREEMENT, the DISTRICT shall provide, on a cost- reimbursement basis, payment to the GRANTEE for satisfactory completion of all project tasks as set forth in this AGREEMENT and submission of an invoice by the GRANTEE. The invoice must be submitted with supporting documentation and in detail sufficient for the proper pre- audit and post- audit thereof. 3. The amount of grant funding provided to the GRANTEE by the DISTRICT for implementation of the proposed project identified herein will in no event exceed the lesser amount of one hundred fifty thousand and 00/ 100 dollars ($ 150, 000. 00) or the actual cost of the project activities designated for DISTRICT grant funding, in accordance with the Grant Project Budget Table in ATTACHMENT 1. The invoice shall clearly indicate the costs of the specific project construction activities for which DISTRICT funds are being requested. 4. The GRANTEE shall be responsible for securing any subcontractor support or other services for and associated with implementation of the project identified herein. No agency shall deny any contractor, finn, or individual a fair opportunity to compete in the public procurement of commodities and services based on race, national origin, gender, religion, or physical disability, which for purposes of Florida law constitutes prohibited discrimination. 5. The GRANTEE shall be responsible obtaining all pennits, authorizations and for approvals required by federal, state, regional, and local authorities, and shall be responsible for implementation, operation and maintenance of the project in accordance with all applicable pennits. 6. The GRANTEE agrees to construct, own ( or secure appropriate perpetual easement to the project from future activities of landowners), operate ( as applicable), and protect maintain all facilities and/or restoration sites developed or improved pursuant to this AGREEMENT. Page 2 of5 7. The GRANTEE shall notify the DISTRICT at least 72 hours prior to the start of construction of any project or project phase that utilizes DISTRICT grant funds. 8. The DISTRICT shall solely detennine whether the project tasks have been satisfactorily completed as required under the AGREEMENT. 9. The GRANTEE shall recognize the DISTRICT as a primary funding sponsor on all signs, reports, publications, press releases, or other publication, and at any public event or ceremony related to the proj ect. The GRANTEE shall provide at least seven days prior notice of any press release, public event, or ceremony related to the project and shall allow DISTRICT staff to review and edit applicable wording of any press release, report, signage, or other publication. The DISTRICT will provide DISTRICT logo stickers and graphics for project infonnation signs and published materials. 10. This AGREEMENT constitutes the entire AGREEMENT between the DISTRICT and the GRANTEE and may be amended only in writing, signed by both the DISTRICT and GRANTEE. 11. Upon written order designated to be an amendment by the DISTRICT, both parties may agree that additional work shall be undertaken within the general scope of this AGREEMENT. 12. This AGREEMENT shall remain in effect for twenty- four (24) months from the date of execution, and may be extended only in writing, signed by both the DISTRICT and GRANTEE. 13. Failure of the GRANTEE to fulfill the requirements of this AGREEMENT may result in tennination of the AGREEMENT by the DISTRICT upon at least 30 days written notice. 14. The DISTRICT may unilaterally cancel this AGREEMENT for refusal by the GRANTEE to allow access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this AGREEMENT. 15. This AGREEMENT may be tenninated by either of the parties upon at le'ast 30 days written notice. 16. The DISTRICT may assign tasks associated with the management and administration of this AGREEMENT to a third-party contractor. However, all final decisions, approvals, changes, authorizations, and invoices associated with this AGREEMENT must be received in writing from the DISTRICT Project Manager. 17. The DISTRICT shall have no liability or responsibility to the GRANTEE, its contractors, any governmental entity, or the employees, agents, representatives, licensees, invitees, Page 3 of5  and guests of the GRANTEE and its contractors or any other person or entity associated with the project as a result ot:or arising out of, the GRANTEE' s use of DISTRICT funds. 18. To the extent required by law, the GRANTEE shall require contractors to secure and maintain such insurance as will protect it from claims under the Workers' Compensation Act and from claims for bodily injury, death, or property damage which may arise from the performance of its services under this AGREEMENT. 19. Projects implemented with grant funding provided through this AGREEMENT shall not be used to accomplish mitigation for, or to correct damages incurred, or those that may potentially occur, due to permit violations or to otherwise satisfy permit conditions for pre- existing wetland or water resource impacts. 20. Funds provided by this AGREEMENT shall not be used to provide or offset stormwater quality or quantity treatment that is, or would be, required pursuant to Chapters 62- 25 and 62- 346, Florida Administrative Code, or any superseding regulations as may be enacted. Excess capacity ( if any) in stormwater treatment facilities constructed through this AGREEMENT shall be used to provide enhanced water quality treatment and shall not be used to address any permitting requirements of new development or redevelopment. 21. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid or contract with a public entity for 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 be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 23. This AGREEMENT is subject to the availability of budgeted funds or continuation of funding anticipated at the time of execution. 24. These funds should be considered state financial assistance under the Florida Single Audit Act, under Florida Catalog of State Financial Assistance ( CSFA) # 37. 022. As a recipient of these funds your entity, as the Grantee must