Okaloosa County BOCC — October 18, 2016 — JBGVC subaward agreement — reading text

Liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non-Owned, & Hired motor vehicle coverage. 2 The Subrecipient shall carry other Public Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. 3. In addition to the required coverage in B. above, Public Liability coverage shall include the following: On and Off Premises Operational Liability Personal Injury Liability Insurance Independent Contractors Liability Professional Liability o op 4. All liability insurance shall be written on an occurrence basis and shall not be written on a claim-made basis. [fthe insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If] as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the LIMITS OF LIABILITY, the Subrecipient shall notify the County Risk Manager in writing. The Subrecipient shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. K. Limits of Liability: The insurance required shall be written for not less than the following limits unless law requires higher amounts: COVERAGE LIMIT 1. Workers” Compensation a. State Statutory b. Employers Liability $1 million each accident 2. Business Automobile $1 million each occurrence (Combined Single Limit) Page 5 of 10 Cl4-2115-GM 3. Commercial General Insurance $1 million each occurrence (Combined Single Limit) 4. Personal and Advertising Injury $250,000 L. Notice of Claims or Litigation: The Subrecipient agrees to report any incident and or claim that results from performance of this Agreement. Within ten (10) days of the Subrecipient’s knowledge, the County Risk Manager shall receive written notice describing the incident or claim. In the event such incident or claim involves injury or property damage to a third party, verbal notification shall be given the same day the Subrecipient becomes aware of the incident or claim. A detailed written report is to be made within ten (10) days. M. Certificate of Insurance: 1. All insurance shall include the interest of all entities named and the respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insureds under this policy shall be primary insurance. If the Additional Insureds have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. 2. Certificates of insurance, in duplicate, indicating the Agreement and evidencing all required coverage must be submitted to and approved by Okaloosa County prior to commencement of any work. The certificate holder(s) shall be as follows: Okaloosa County 5479A Old Bethel Road Crestview, Florida 32536 All policies shall expressly require 30 days written notice to Okaloosa County at the address set out above, or the cancellations of material alterations of such policies, and the Certificates of Insurance, shall so provide. The certificate, if on a Standard Accord, shall not include language such as “if any” or but failure to mail such notice shall impose on obligation or liability of any kind upon the County, its agents or representatives. ARTICLE XI. DISPUTES Any dispute arising under this Agreement which is not settled by Agreement of the parties may be settled by mediation, arbitration, or other appropriate legal proceedings. Pending any decision, appeal or judgment in such proceedings or the settlement of any dispute arising under this Agreement, Subrecipient shall proceed diligently with the performance of this Agreement in accordance with the decision of the County. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Okaloosa County. Page 6 of 10 C14-2115-GM ARTICLE XII. INDEPENDENT CONTRACTORS Subrecipient and its employees, consultants, agents or independent contractors will perform all services under this agreement as independent contractors. Nothing in this agreement will be deemed to create an employer-employee or principal-agent relationship between the County and Subrecipient’s employees, consultants, agents or independent contractors. Subrecipient and its employees, consultants, agents and lower tier contractors will not, by virtue of any services provided under this agreement, be entitled to participate, as an employee or otherwise, in or under any employee benefit plan of the County or any other employment right or benefit available to or enjoyed by employees of the County. ARTICLE XIII GENERAL PROVISIONS AND CERTIFICATIONS If this subagreement is a sub award under a federal grant or cooperative agreement, Subrecipient certifies that: 1. It is not delinquent on the repayment of any federal debt. 2. It is presently not debarred, suspended, proposed for debarment, declared ineligible nor voluntarily excluded from covered transactions by any federal department or agency. 3. Itis in compliance with the Drug-Free Work Place Act of 1988. 4. No Federal appropriated funds have been paid or will be paid, by or on behalf of'it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 5. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and 6. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 7 of 10 C14-2115-GM 7. The Subrecipient affirms it has no conflict of interest pertaining to the Federal award. Furthermore, agrees to abide by the federal regulations. Additional standards include, but are not limited to the following: A. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. B. No employee, officer or agent of the Subrecipient shall participate in the selection, the award or the administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. C. No covered persons who exercise or have exercised any functions or responsibilities with respect to the activities under this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the activity under the Agreement, or with respect to the proceeds from the activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 8. Subrecipient shall disclose within a timely manner, in writing to the Federal awarding agency and the County all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to do so may result in any of the remediates as described in. 2 CFR 200.338, incorporated herein by reference. 9. The Subrecipient certifies and agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and it’s implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. 10. The Subrecipient certified and agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: A. Clean Air Act, 42 U.S.C., 7401, et seq.; B. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Page 8 0f 10 C14-2115-GM C. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. ARTICLE XIIII. PRIME AWARD PROVISIONS AND ATTACHMENTS The following provisions of the prime award to Okaloosa County Board of County Commissioners are incorporated by attachment, and are applicable to Subrecipient and Subrecipient’s lower tier subagreements. See Exhibit A. Subrecipient has been informed, understands and agrees to comply with all the applicable compliance requirements. This includes all Federal statutes, regulations and the terms and conditions within the Federal award. ARTICLE XV. INTEGRATION This subagreement states the entire contract between the parties in respect to the subject matter of the subagreement and supersedes any previous written or oral representations, statements, negotiations, or agreements. This subagreement may be modified only by written agreement executed by authorized representatives of both parties. ARTICLE XVI. PUBLIC RECORDS IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT OKALOOSA COUNTY RISK MANAGEMENT DEPARTMENT 5479 OLD BETHEL ROAD CRESTVIEW, FL, 32536, PHONE: (850) 689-5977, riskinfo@co.okaloosa.fl.us. Subrecipient must comply with the public records laws,