Fort Walton Beach Council agenda — 02-12-02 regular Council agenda — reading text

the City shall have the right to terminate this Agreement under the terms of paragraph 17 and demand return of all or a part of any funds already delivered, or withhold funds from subsequent grants. Factors which will be considered by the City in making this decision include: the amount of City dollars spent for non- allowable costs, the percentage of grant funds represented by City dollars spent for non- allowable costs, and whether the expenditure of City dollars for non- allowable costs was intentional or merely clerical error.  4 c) Payment for expenditures incurred prior to the execution of this Agreement shall not be made with funds provided under this Agreement. d) All grant funds shall be expended on the work described in this Agreement by September 30, 2002. If Housing Authority cannot expend funds provided under this Agreement by September 30, 2002, Housing Authority shall submit a grant amendment request which must be received by the City not later than 60 days prior to the expenditure due date. 8) NON- ASSIGNMENT Housing Authority shall not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the City. Any transferee to the Agreement approved by the City must demonstrate compliance with the requirements of this Agreement. Should the City approve a transfer of Housing Authority' s obligations, Housing Authority shall remain responsible for all work performed and all expenses incurred in connection with the Agreement. 9) BINDING OF SUCCESSORS This Agreement shall bind the successors, assigns, and legal representatives of Housing Authority and its authorized agents and any legal entity that succeeds to the obligation of the City. 10) LIABILITY a) The City shall not assume any liability for the acts, omissions, or negligence of the Housing Authority, its agents, servants, or employees; nor shall Housing Authority exclude liability for its own acts, omissions, or negligence to the City. b) Housing Authority agrees to be responsible for all claims of any nature, including but not limited to injury, death, and property damage, arising out of activities related to this Agreement by Housing Authority. c) Housing Authority shall be responsible for all work performed in connection with the Germany Terrace CU.- de- Sac Project. Housing Authority may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities. d) Housing Authority agrees to not enter into any agreements, contracts, or understandings with any vendor in any manner or way inconsistent with the terms and conditions of this Agreement. e) Housing Authority acknowledges and agrees that any expenses incurred above and beyond the grant funds shall be born and paid by  5 Housing Authority. Housing Authority will be liable for any Germany Terrace Cul- de- Sac Project funds used for purposes other than payment of cost listed in the Agreement. 11) INDEMNITY Housing Authority covenants and agrees that it will indemnify and hold harmless the City and all of its officers, agents, and employees from any and all claims, losses, damages, costs, charges or expenses arising out of any act, action, neglect, or omission by Housing Authority during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which the City or said parties may be subject. 12) INSURANCE Housing Authority agrees, as a condition of receipt of funding pursuant to this Agreement, to ensure Contractor ( and any Sub- contractor) performing the work required for completion of the Germany Terrace Culd- e- Sac shall have and maintain the following insurance, naming the City of Fort Walton Beach as additionally insured on all policies: a) Workers' Compensation: Coverage A To be in conformity with Florida Statutes Coverage B $ 100, 000/$ 500,000/$ 100, 000 b) Commercial General Liability: Each occurrence for Bodily Injury/ Property Damage 1, 000, 000 Products/ Completed Operations 1, 000, 000 Annual Aggregate for Bodily Injury/ Property Damage 1, 000, 000 Products/ Completed Operations 1, 000,000 Fire Legal Liability 100, 000 This coverage shall include the following provisions: The City of Fort Walton Beach shall be an additional insured. The policy shall not be cancelled unless the City is given at least thirty ( 30) days advanced notice Contractual Liability Any coverages which are eliminated, restricted, or reduced to less than what is commonly provided by standard I.S. O. forms must be indicated. c) Commercial Automobile Liability:  6 Combined single limit for bodily injury and/ or property damage $ 1, 000, 000 This coverage shall include the following provisions: The City of Fort Walton Beach shall be an additional insured The policy shall not be cancelled unless the City is given at least thirty ( 30) days advanced notice Contractual Liability Any coverages which are eliminated, restricted, or reduced to less than what is commonly provided by standard I.S. O. forms must be indicated Symbol" 1" ( Any Auto) or the equivalent shall be used to designate which autos are insured d) Pollution Liability: This requirement may be waived subject to review by City Personnel, EPA Registration Material and Manufacturer' s Information regarding product toxicity Each occurrence for Bodily Injury/ Property Damage $ 1, 000, 000 Annual Aggregate for Bodily Injury/ Property Damage $ 1, 000, 000 The City of Fort Walton Beach shall be an additional insured The policy shall not be cancelled unless the City is given at least thirty ( 30) days advanced notice Insurance will provide coverage at whatever location Contractor conducts operations 13) REPORTS a) Housing Authority, subcontractors, and consultants shall provide to the City interim status reports, reflecting the progress of the Project. The Housing Authority shall provide the monthly reports required under the Davis- Bacon Act when applicable. b) Upon written request by the City, Housing Authority shall provide the City with notice of the current status of the Project within five ( 5) business days of receipt of notice. Reports shall indicate the status and completion dates for each project funded, any problems or circumstances affecting completion dates, or the scope of work, or the Project costs, and any other factors reasonably anticipated to  7 result in noncompliance with the terms of this Agreement. The City may require additional reports as needed. Housing Authority shall timely provide any additional reports requested by the City. c) Housing Authority shall provide the City with a closeout report. The close- out report is due no later than sixty ( 60) days after the earlier of the termination of this Agreement, or completion of the activities contained in this Agreement, or the depletion of funds provided Housing Authority under the terms of this Agreement. d) Should all required reports and copies prescribed above not be sent to the City, or not completed in a manner acceptable to the City, the City may withhold further payments until such reports and copies are completed and made available to the City. The City may terminate the Agreement under paragraph 21 with Housing Authority if the City does not receive reports within thirty ( 30) days after written notice. 14) RECORD KEEPING a) Housing Authority, its subcontractors, and its consultants shall maintain an accounting system which shall provide for a complete record of the use of all grant funds, and shall be reported separately from other funding sources. b) All original records pertinent to and regarding this Agreement shall be retained by Housing Authority for three ( 3) years following the date of termination of this agreement, or of submission of the final close- out report, whichever is later. However, if any litigation, claim or audit is started before the expiration of the three ( 3) year period and extends beyond the three ( 3) year period, the records shall be maintained until all litigation, claims or audit findings involving the records have been resolved, plus three ( 3) years. c) All records, including supporting documentation of all program costs, shall be thoroughly sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work and all other applicable laws and regulations. d) All subcontractors or consultants to be paid from funds provided under this Agreement and Housing Authority shall allow access to its records at reasonable times to the City, its employees, and agents. Reasonable" shall be construed according to surrounding circumstances by ordinarily shall mean during normal business hours of 8: 00 a.m. to 5: 00 p. m., local time, on Monday through Friday. Agents" shall be inclusive of, but not limited to, auditors retained by the City. e) City reserves the right to audit performance and financial records pertaining to the Project.  8 15) MONITORING Housing Authority shall consistently, constantly, and continually monitor its performance under this Agreement to ensure that all time schedules are being met, that the Budget and Scope of Work is being accomplished in compliance within relevant specified time periods, that Housing Authority is in compliance with all terms and conditions of this Agreement, and that all other performance goals are being achieved. 16) REPRESENTATIONS a) As an inducement to the transfer of funds, Housing Authority warrants and represents that if initiated, the Germany Terrace Cul- de- Sac Project will be carried through to its completion and will not