Fort Walton Beach — 2014- 4 - Agreement with MOEX — reading text

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 Project Managers at the addresses below. 15. The Department' s Project Manager for this Agreement is identified below. Pearce Barrett, P. E. Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS# 240 Tallahassee, Florida 32399- 3000 Telephone No.: 8501245- 2106 Fax No.: - 850 245 - 2190 DEP Agreement No_ S0693, Page 5 of 8  E -mail Address: I Pearce. Barrett de . state fl.us 16. The City' s Project Manager for this Agreement is identified below. Daniel J. Payne, P. E. City Engineer City of Fort Waliorr:Beach 203' Noll ood Blvd. N. W. Fort Walton Beach; Florida 325:48 Telephone No.: - 850 833 -9615` Fax No.; 850 461 - 0239 E -mail Address: dpayne@fwb. org 17. To the extent required by law, the City 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 City 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 City. Such. setf_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 City shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 18. The City 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 City' s officers, employees, servants and agents while acting within the scope of their employment with the City. 19. The City 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. 20. The Department may at any time, by written order designated to be a change order, make any change in the Project 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 City's cost or time, shall require formal amendment to this Agreement. 21. The employment of unauthorized aliens by any Citylvendor is considered a violation of Section 274A( e) of the Immigration and Nationality. -Act. If the City /vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The ,City shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this. Agreement. 22. 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 City, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. DEP Agreement No. S0693, Page 6 of 8  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 patties have caused this Agreement to "be duly executed, the day and year last written below. CITY OF FORT WALTON BEACH STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION r/I By: By: , Z Title: ' Mike, Anderson' - Mayor Secretary or designee .ril -15 AP.. ZOI4 Date: ATTEST: wCity' " Clerk FEID No.:. 59- 6000323 7j'l 41t_m _ DEP Contracts Administrat r Approved as to form and legality: Z,t, 2t:e& DEP Attomey For Agreements with governmental boardsicommissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the City must accompany the Agreement. DEP Agreement No. S0693, Page 7 of 8  E, is List of attachments/ exhibits included as part of this Agreement: Specify Letter/ Type Number Description ( include number of pages) Attachment A Grant Work Plan ( 9 Pages) Attachment B Contract Payment Requirements ( 1 page) Attachment C Special Audit Requirements ( 5 pages) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. SOM, Page 8 of 8