Okaloosa County BOCC — June 7, 2016 — S0834 Amendment No 1 (OGC Signed) — reading text

DEP AGREEMENT NO. S0834 AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 15th day of September, 2015, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the “Department”) and the OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the “Grantee” or “Host County”) is hereby amended. WHEREAS, due to contractual services costs being less than projected for Task 2, the Grantee has requested to revise the Task 2 budget; and, Whereas, the Department has agreed that funding needs to be reallocated between cost categories within the same task to accurately reflect project costs; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 1 is hereby revised to add the following sentence: Specific terms and conditions establishing the relationship between the Grantee or Host County and the Neighboring County/Counties are set forth in Attachment F, Interlocal Agreements, attached hereto and made a part hereof. Any terms of the Agreement and Attachment A that vary from those contained in Attachment F, shall have precedence. 2. Paragraph 3.C is hereby revised to add the following as subparagraph 3.C.iii and 3.C.iv: iii. Salaries/Wages – List personnel involved, salary rates and hours spent on the project in accordance with Attachment A, Grant Work Plan. iv. Overhead/Indirect/General and Administrative Costs – All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. a. Fringe Benefits – Shall not be reimbursed under this Agreement. b. Indirect Cost – Shall not be reimbursed under this Agreement. 3. Paragraph 4 is hereby deleted in its entirety and replaced with the following: 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 4. Paragraph 6.A is hereby revised to add the following sentence: Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. DEP Agreement No. S0834, Amendment No. 1, Page 1 of 5 5. Paragraph 7 is hereby revised to add the following as subparagraph C and subparagraph D: C. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the Department for unlawful refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes (F.S.), and Section 24(a), Article I, Florida Constitution. D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee’s intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee’s consultant(s) or subcontractor(s) shall not constitute a force majeure event. 6. Paragraph 10 is hereby deleted in its entirety and replaced with the following: 10. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) 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 the completion date or termination of the Agreement. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department’s Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. 7. Paragraph 13 is hereby revised to add the following as subparagraph 13.C and 13.D: C. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: i. The contractor’s maintaining an office or place of business within a particular local jurisdiction; ii. The contractor’s hiring employees or subcontractors from within a particular local jurisdiction; or iii. The contractor’s prior payment of local taxes, assessments, or duties within a particular local jurisdiction. DEP Agreement No. S0834, Amendment No. 1, Page 2 of 5  D. For any competitive solicitation that meets the criteria in Paragraph C., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph C. 8. Paragraph 14 is hereby revised to add the following sentence: Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 9. Paragraph 16 is hereby deleted in its entirety and replaced with the following: All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. 10. Paragraph 17 is hereby deleted in its entirety and replaced with the following: 17. The Department’s Grant Manager for this Agreement is identified below. Henry Garrigo Department of Environmental Protection Division of Waste Management 2600 Blair Stone Road MS #4555 Tallahassee, Florida 32399-2400 Telephone No.: (850) 245-8822 E-mail Address: Henry.garrigo@dep.state.fl.us 11. Paragraph 30 is hereby deleted in its entirety and replaced with the following: 30. The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor 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. 12. The following is hereby added to the Agreement as Paragraph 31: 31. As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 13. The following is hereby added to the Agreement as Paragraph 32: DEP Agreement No. S0834, Amendment No. 1, Page 3 of 5  32. This Agreement, and any