Okaloosa County BOCC — October 7, 2014 — Agreement & Attachments — reading text

liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable $300,000 Hired and Non-owned Liability Coverage C. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice (with the exception of non-payment of premium which requires a 10 day notice) to the Department's Procurement Administrator. 22. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 23. RESERVED. 24. The Department may at any time, by written order designated to be a change order, make any change in the Grant 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 Grantee’s cost or time, shall require formal amendment to this Agreement. 25. RESERVED. 26. RESERVED. 27. 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. Revised 7/14 DEP Agreement No. LP46040, Page 8 of 11  B. An entity or affiliate, as defined in section 287.134, Florida Statutes, 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 contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 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. 28. A. The accounting systems for all Grantees must ensure that funds awarded by this grant are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the Department finds that these grant funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. C. If the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 29. Land acquisition is not authorized under the terms of this Agreement. 30. 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 Revised 7/14 DEP Agreement No. LP46040, Page 9 of 11 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. 31. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 7/14 DEP Agreement No. LP46040, Page 10 of 11  IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. OKALOOSA COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Chairman Program Administrator State Revolving Fund Date: Date: Bob Ballard, DEP Grant Manager FEID No.: Approved as to form and legality: DEP Attorney List of attachments/exhibits included as part of this Agreement: Letter/ Specify Type Number Description (include number of pages) Attachment A Project Work Plan (2 Pages) Attachment B Disbursement Request Package (3 Pages) Attachment C Contract Payment Requirements (1 Page) Attachment D Progress Report Form (1 Page) Attachment E Reserved Attachment F Reserved Attachment G Special Audit Requirements (5 Pages) Revised 7/14 DEP Agreement No. LP46040, Page 11 of 11  ATTACHMENT A PROJECT WORK PLAN OKALOOSA COUNTY LP46040 Project Title: Okaloosa Island / Wright Area Gravity Sewer Rehabilitation Project Location: The project area is on Okaloosa Island and in the Ocean City/Wright neighborhoods of unincorporated Okaloosa County, surrounding the City of Fort Walton Beach. The areas to be rehabilitated are all in the watershed of Choctawhatchee Bay and the Gulf of Mexico. Project Background: The subject project will include relining gravity sewer lines and manholes (primarily brick) that have aged far beyond their usable service life and are leaking throughout Okaloosa County Water and Sewer's (OCWS) service areas on Okaloosa Island (a coastal barrier island) and in unincorporated areas surrounding Fort Walton Beach. The relining of leaking gravity sewer lines and manholes that are located above the normal groundwater table will eliminate the introduction of raw sewage into the surrounding ground. The areas to be rehabilitated are all within the watersheds that feed the Choctawhatchee Bay and Gulf of Mexico. The elimination of raw sewage entering the ground in these areas will serve to reduce pollutant runoff into both of these pristine bodies of water. In addition, the inflow of excess stormwater will be reduced during heavy rain events (such as hurricanes and tropical storms) which will greatly reduce increased flows to the water reclamation facilities during such events. High flows in the system increase the possibility of sewage spills at lift stations throughout the system during storm events, which are frequent in the coastal area to be covered in this project. This ongoing problem was highlighted by the unprecedented rains experienced in the area during the last week of April as sewer systems throughout the area were inundated with excess flow and sewage spills contaminated both Choctawhatchee Bay and Santa Rosa Sound, which both feed into the Gulf of Mexico through the East Pass at Destin. Also, infiltration into leaking manholes and sewer lines causes subsidence of the soil surrounding the faulty infrastructure, which can lead to significant cave-ins of the ground surface above. These sinkholes will disturb either the natural environment or man-made improvements (pavement, sidewalks, etc.) located above them. Project Description: The project will include relining gravity sewer lines with cured-in-place pipe (CIPP) or in some cases, where the condition dictates, CIPP point repairs will be installed in lieu of complete relining from manhole to manhole. Problem manholes that have been identified as in poor structural condition within the described service areas will be completely relined, including the re-establishment of structural integrity as needed. As part of construction, the sewer lines will be cleaned, inspected, and prepared for rehabilitation. Closed circuit TV (CCTV) recordings will be made before and after repairs are made. Revised 7/14 DEP Agreement LP46040, Attachment A, Page 1 of 2 Task 1: Construction Deliverable: Copy of contracts, bid tabulations, contractor’s schedule of values with supporting documentation, and CCTV records (on DVD) of all rehabilitated sewer or representative photos of completed work. Timeline for completion: June 30, 2016 Budget Information: Salaries: N/A Fringe Benefits: N/A Travel: N/A Contractual: Construction $450,000 Equipment: N/A Supplies/Other Expenses: N/A Land: N/A Indirect: N/A Performance Standard: The DEP Grant Manager will review periodic requests for funds for the deliverables to ensure they are eligible for reimbursement. Total Budget by Task and Deliverables: Local Funds and Source Tasks DEP Funding Local Funds Source of Funds 1 Construction $450,000 N/A Total $450,000 N/A The FY2014-15 GAA did not require a match for these projects. Revised 7/14 DEP Agreement LP46040, Attachment A, Page 2 of 2  ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants 1. Grantee/Recipient OKALOOSA COUNTY 2.