Okaloosa County BOCC — May 6, 2014 — MOEX Grant Agmnt-1 — reading text

in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the County shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above shall result in the Department's termination of the Agreement for cause as authorized in the Agreement. B. Upon the Department’s notice of acceptance of a proposed CAP, the County shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the County of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by the County, the Department shall retain the right to require additional or further remedial steps, or to terminate the Agreement for failure to perform. No actions approved by the Department or steps taken by County shall serve to estop the Department from subsequently asserting any deficiencies in performance. County shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by the Department Project Manager. C. Failure to respond to a Départment request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. The County shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the County shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. A. In addition to the requirements of the preceding paragraph, the County shall comply with the applicable provisions contained in Attachment C, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 fo Attachment C summarizes the funding sources supporting the Agreement for purposes of assisting the County in complying with the requirements of Attachment C. A revised copy of Exhibit 4 must be provided to the County for each amendment which authorizes a funding increase or decrease. If the County fails to receive a revised copy of Exhibit 1, the County shall notify the Department's Grants Development and Review Manager at (850) 245-2361 to request a copy of the updated information. DEP Agreement No, $0697, Page 4 of 8 11. 12. 13. 14. 15. The County is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply fo lower tier transactions that may be a result of this Agreement. The County shail consider the type of financial assistance (federal and/or state) identified in Attachment C, Exhibit 4 when making its determination. For federal financial assistance, the County shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section __.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the County shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form number DFS-A2-NS) that can be found under the “Links/Forms" section appearing at the following website: https://apps.fidfs.com/fsaa The County should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. The County may subcontract work under this Agreement without the prior written consent of the Department's Project Manager. Regardless of any subcontract, the County is ultimately responsible for all work to be performed under this Agreement. The County shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. The County agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the County that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the County shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The Department of Environmental Protection supports diversity in its procurement program and requests 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. In accordance with Section 216.347, Florida Statutes, the County is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. The County shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The County acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and focal health and safety rules and regulations. The County further agrees to include this provision in all subcontracts issued as a result of this Agreement. 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 Project Managers at the addresses below. The Department's Project Manager for this Agreement is identified below. Pearce Barret, P.E. Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS# 240 Tallahassee, Florida 32399-3000 Telephone No.: (850) 245-2106 Fax No.: (850) 245-2190 DEP Agreement No. S0697, Page 5 of 8 16. 17. 18. 19. 20. 21. 22. | E-mail Address: _| Pearce Barrett@dep.state.fl.us The County's Project Manager for this Agreement is identified below. Marcella B. Eubanks Contracts and Grants Manager Okaloosa County Clerk of Courts 1804 Lewis Turner Blvd, Suite 206 Fort Walton Beach, Florida 32547 Telephone No.: (850) 651-7200 x4381 Fax No.: (850) 609-5029 E-mail Address: grants@clerkofcourts.cc To the extent required by law, the County 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 County shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the County. 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 County shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. The County 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 County's officers, employees, servants and agents while acting within the scope of their employment with the County. The County 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. 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 County's cost or time, shall require formal amendment to this Agreement. The employment of unauthorized aliens by any County/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the County/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The County shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 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 teal property to a public entity, may not award or perform work as a County, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public DEP Agreement No. $0697, Page 6 of 8 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. 23. Land acquisition is not authorized under the terms of this Agreement. 24. 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. 25. 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. 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 COMMISSIONERS ENVIRONMENTAL PROTECTION By: By: Tile“ Charles K. Windes, Jr., Chairmar®¢relary or designee Date: Date: a Pearce Barrett, BEP Project Manager FEID No.: 59-6000765 (Kk 1 aaa DEP Eontracts Administrator Approved as to form and legality: XKordal. DLilldoand DEP Attorney “For Agreements with governmental boards/commissions: If someone other than the Chairman signs. this Agreement, a resolution, statement or other