Okaloosa County BOCC — June 21, 2016 — NWFWMD Grant Agreement — reading text

DON w. HOWARD ~---- CLERK OF THE CIRCUIT COURT, OKALOOSA COUNTY, FLORIDA May 13. 2014 Northwest Florida Water Management District Attn: Linda Chaisson, PE 81 Water Management Drive Havana, FL 32333-4712 RE: NWFWMD Grant Agreement Contract #14-061 - Mid County Tank #4 Dear Ms. Chaisson: We have enclosed one (1) fully executed original agreement for the above referenced project. Ifl may be of further assistance, please give me a call at (850) 651-7200 extension 4381 or via email at meubanks@clerkofcourts.cc. Sincerely, y;jt£c'/t«/- d Marcella B. Eubanks Contracts and Grants Manager Enclosures cc: Jeff Littrell Mark Wise 0 IOI E. JAMES LEE BLVD.• CRESTVIEW, FLORIDA 32536. (850) 689-5000 REPLY To: 0 SHALIMAR ANNEX. 1250 N. EGLIN PKWY, Sum B-110. SHALIMAR, FLORIDA 32579. (850) 651-7200 0 BRACKIN BUILDING. 302 NORTH WILSON ST., SUITE 203 • CRESTVIEW, FLORIDA 32536 • (850) 689-5000  GRANT AGREEMENT BETWEEN THE NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND OKALOOSA COUNTY FOR MID COUNTY TANK #4 NWFWMD CONTRACT NUMBER 14-061 WITNESSETH: WHEREAS, OKALOOSA COUNTY (hereinafter referred to as the GRANTEE) located in Okaloosa County, Florida, has identified an urgent need for a new elevated water tank; and WHEREAS, the NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public entity created by Chapter 373, Florida Statutes (hereinafter referred to as the DISTRICT) is authorized to assist local governments and utilities with water supply development, in accordance with section 373.705, Florida Statutes (F.S.); and WHEREAS, the GRANTEE, by completing this project, will provide more storage for water from Okaloosa County's northern well field as directed in the Regional Water Supply Plan; and NOW, THEREFORE, in consideration of services to be performed for the public benefit hereunder, the DISTRICT and GRANTEE agree as follows: 1. The DISTRICT agrees: A. To provide funding not to exceed $1,250,000 dollars or fifty-percent of the final cost to complete the project, whichever is less, for approved expenses in support of the Mid County Tank #4 project described in the Scope of Work (ATTACHMENT 1). B. To provide payment of funds, on a reimbursement basis, indicated in Paragraph 1.A. for work satisfactorily completed within 30 days of receipt of approved invoices from the GRANTEE. Invoices may be submitted no more frequently than monthly. All invoices must be submitted with supporting documentation and with sufficient detail for the proper pre-audit and post-audit thereof. PAGE I OF4 2. The GRANTEE agrees: A. To provide a minimum of 50% of the funding required for project completion. B. To administer the consultant contracts. C. To obtain all necessary permits for project construction and operation. D. To invoice the DISTRICT for work satisfactorily completed in support of the Mid County Tank #4 project, as described in the Scope of Work (ATTACHMENT 1). Invoices may be submitted no more frequently than monthly and must be submitted with supporting documentation and with sufficient detail for the proper pre-audit and post-audit thereof. Supporting documentation shall reflect actual paid costs. E. To provide to the DISTRICT all deliverables specified in the Scope of Work (ATTACHMENT 1). Deliverables will be provided to District staff during project implementation. Final deliverables must be submitted in electronic format. F. To provide all necessary services associated with facility design, permitting, and construction, including surveying, contract management, land acquisition, legal services, right-of-way acquisition, zoning, replatting, comprehensive plan amendment, code variance, and other services, as necessary. G. To use funds obtained from the DISTRICT pursuant to this AGREEMENT solely for the purposes of the Mid County Tank #4 project, as described in the Scope of Work (ATTACHMENT 1). H. To comply with all applicable federal, state and local rules and regulations in providing services under this AGREEMENT. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state, and local health and safety rules and regulations. I. To maintain books, records, and documents directly pertinent to performance under this AGREEMENT in accordance with generally accepted accounting principles consistently applied. The DISTRICT, the State of Florida, or their authorized representatives shall have access to such records for auditing purposes during the term of this AGREEMENT and for three years following project completion. 3. It is mutually understood and agreed that: A. This AGREEMENT shall remain in effect for a period of 24 months from the date of AGREEMENT execution which is the date of the last signature, unless extended by mutual written consent. B. The DISTRICT shall have no liability or responsibility to the GRANTEE, its contractors, any governmental entity, or the employees, agents, representatives, licensees, invitees, and guests of the GRANTEE and its contractors or any other person or entity associated with the project as a result of, or arising out of, the GRANTEE's use of DISTRICT funds. PAGE 2 OF 4 C. This AGREEMENT may be terminated by either of the parties upon at least 30 days written notice. D. The DISTRICT may unilaterally cancel this AGREEMENT for refusal by the GRANTEE to allow access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this AGREEMENT. E. This AGREEMENT is subject to the availability of funds anticipated at the time of execution. Should funding be discontinued or reduced, the AGREEMENT will be terminated or amended, as appropriate. In this event, the GRANTEE shall be compensated for work or services satisfactorily completed prior to termination or amendment of the AGREEMENT. F. This AGREEMENT constitutes the entire agreement between the DISTRICT and the GRANTEE and may be amended or extended only in writing, signed by both the DISTRICT and the GRANTEE. G. The DISTRICT and the GRANTEE may, by written order designated to be an Amendment to this AGREEMENT, agree that additional work shall be undertaken within the general scope of this AGREEMENT. H. To the extent required by law, all contractors shall be required to secure and maintain such insurance as will protect it from claims under the Workers' Compensation Act and from claims for bodily injury, death, or property damage which may arise from the performance of its services under this AGREEMENT. I. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid or contract with a public entity for 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 be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. J. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. K. As provided under Section 216.347, Florida Statutes, expenditure of DISTRICT grant funds for purposes of lobbying, including of the Legislature, judicial branch, or any state agency, is prohibited. PAGE 3 OF 4  L. Notices provided for in this AGREEMENT shall be delivered to the GRANTEE by delivery to the GRANTEE's Project Manager and to the DISTRICT by delivery to the DISTRICT Project Manager. The Project Managers are: OKALOOSA COUNTY NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT Board of County Commissioners Linda Chaisson, P.E. c/o Contracts & Grants Manager 81 Water Management Drive 1804 Lewis Turner Blvd, Ste. 206 Havana, Florida 32399-3700 Fort Walton Beach, FL 32547-1285 (850) 539-5999 Telephone 850-651-7200 ext. 4381 Linda.chaisson(@,nwfwmd.state.fl.us Facsimile 850-609-5029 Email meubanks@clerkofcourts.cc IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the day and year last below written. NORTHWEST FLORIDA WATER OKALOOSA COUNTY MANAGEMENT DISTRICT By: ---->..--r-t-___,,,fr::::'.'.:::::=-"-~~~~~~~ By:-----v..,~_,f._·~~~r::________+~ Jon an P. Steverson, Executive Charles K. Windes, Jr., Chairman Director Board of County Commissioners Date: L\. . /L.:\ I\!...\ r~ Date:_~4:---+--~-f--~___,1 f____ PAGE 4 OF 4  GRANT AGREEMENT BETWEEN THE NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND OKALOOSA COUNTY ATTACHMENT 1 - SCOPE OF WORK Background The project will provide a new I million gallon elevated water storage tank to provide additional elevated storage to facilitate maintaining pressure to customers in the northern Mid County service area when the existing tank is taken out of service for maintenance and will provide