Okaloosa County BOCC — February 26, 2015 — I.d. FWC Turtle Lighting Grant — reading text

FWC Agreement No. _____ understood and agreed by the Grantee that neither the FWC nor the DEP shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The FWC and DEP support diversity in their procurement programs and request that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at 850-487-0915. 12. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 13. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the FWC and DEP under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, 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. 14. 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 set forth below. 15. A. The DEP’s Grant Manager for this Agreement is identified below. Pearce Barrett Florida Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 235 Tallahassee, FL 32399-3900 Telephone No.: 850 245-2106 B. The role of the DEP Grant Manager will include, but not be limited to the following: i. review FWC invoices and sign-off on satisfactory invoices, both Grantee and FWC, prior to payment processing; ii. receive briefings on project status from the FWC Grant Manager on a weekly basis or upon a schedule mutually agreed upon between the DEP Grant Manager and the FWC Grant Manager ; iii. receive immediate notification when the FWC Grant Manager identifies issues which may impact the project or have the potential for being controversial and requiring involvement by DEP Senior Management; iv. assist the FWC Grant Manager in resolving issues and reporting to the public; v. keep DEP management informed regarding project status; vi. accompany the FWC Grant Manager, as needed, on scheduled visits to the project site to observe that work being performed is meeting the project schedule and is done in general accordance with the conditions of the Agreement; vii. receive invoices for payment from the FWC Finance and Budget Point of Contact; and, viii. approve invoices and submit the invoice, required supporting material and notice of approval to the DEP Early Restoration Payment Manager for processing. 16. A. The FWC’s Grant Manager for this Agreement is identified below. DEP Agreement No. _____, Page 6 of 16  DEP Agreement No. _____ FWC Agreement No. _____ Karen Williams Office of Policy and Accountability Florida Fish and Wildlife Conservation Commission 620 South Meridian Tallahassee, Florida 32399-1600 Telephone No. 850 617-9413 office B. The role of the FWC Grant Manager, will include, but may not be limited to the following: i. organize a project start-up meeting upon execution of this Agreement to discuss project requirements and review processes and roles; ii. direct all work performed by the Grantee according to the terms and conditions of the Agreement and the project specifications; iii. provide weekly briefings to the DEP Grant Manager; iv. notify the DEP Grant Manager of issues which may impact the project or issues with the potential for being controversial and requiring involvement by DEP Senior Management; v. review progress reports and invoices from the Grantee for compliance with the terms and conditions of the Agreement and certify receipt of satisfactory goods and services; vi. recommend invoices for payment and forward to the FWC Finance and Budget Point of Contact for payment; vii. provide the DEP Grant Manager with the information necessary to comply with all reporting as required by the applicable signed Project Stipulation; and, viii. provide all information and documentation necessary to meet the Department of Financial Services contract payment requirements. 17. A. The DEP Early Restoration Payment Manager for this Agreement is identified below: Janet Parramore Florida Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 235 Tallahassee, FL 32399-3900 Telephone No. 850 245-2097 B. The role of the DEP Early Restoration Payment Manager includes: i. receive approved invoices from the DEP Grant Manager; ii. coordinate with the DEP Finance and Accounting (F&A) on any questions regarding the audit of the invoice for compliance with the terms and conditions of the Agreement; iii. confirm that the invoice package contains: confirmation certification of the receipt of the goods and services, approval for payment by the FWC Grant Manager, the FWC Finance and Budget Point of Contact, and the DEP Grant Manager; and, iv. send request for payment to the F&A. 18. The Grantee’s Grant Manager for this Agreement is identified below. Agent of County Comment [k2]: Please add county information County here. Address City, State and ZIP Telephone No.: 850 DEP Agreement No. _____, Page 7 of 16  DEP Agreement No. _____ FWC Agreement No. _____ 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 its 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 DEP, for the protection of his employees not otherwise protected. 20. 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. 21. 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. 22. The FWC or DEP 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. 23. The employment of unauthorized aliens by any Grantee/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 24. 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 grantee, 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. 25. No delay or failure to exercise any right, power or remedy accruing to any party upon breach or default by any other party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 26. The Grantee recognizes that the State of