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HomeMy WebLinkAbout1999 - Boating Improvement Prog Grant-" FWCC Agreement No. 99060 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into this I~ dayof ~e.l~t~l~l~ ,19~q , between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (hereinafter referred to as the "COMMISSION") and the City of Sebastian whose address is 1225 Main St., Sebastian, Florida 32958 (hereinafter referred to as the "GRANTEE"), to conduct a project under the Florida Boating Improvement Program (hereinafter referred to as the "Program"). In consideration of the mutual benefits to be derived herefrom, the COMMISSION and GRANTEE do hereby agree as follows: The COMMISSION does hereby retain the GRANTEE to perform the Sebastian Yacht Club-Boat Ramp Extension project as defined herein and the GRANTEE does hereby agree to perform such services upon the terms and conditions set forth in this Agreement and all attachments and exhibits named herein which are attached hereto and incorporated by reference. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. Any and all such equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the GRANTEE. 3. The GRANTEE shall perform as an independent GRANTEE and not as an agent, representative or employee of the COMMISSION. This Agreement shall begin upon execution by both parties and end November 17, 2000, inclusive. The GRANTEE agrees to complete the project on or before November 17, 2000. Time is of the essence to this agreement. The final invoice shall be submitted no later than December 1, 2000, to assure availability of funding for final payment. 5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The GRANTEE shall be paid upon submission of properly certified invoice(s) to the COMMISSION. Invoices shall contain detail sufficient for a proper preaudit and postaudit thereof and shall contain the agreement number and the GRANTEE'S Federal Employer Identification number. An original and three (3) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. The compensation herein recited is exclusive, and the parties hereto agree that the COMMISSION is not responsible for any other reimbursement, including costs and travel expenses incurred, to the GRANTEE unless specifically stated. FWCC 99060 FBIP 99-04 Page 1 of 7 7. :.' Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall abide by the following: If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to section 11.45, Florida Statutes; If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to section 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. Following receipt of an audit report identifying any reimbursement due the COMMISSION, the GRANTEE will be allowed a maximum of sixty (60) days to submit additional documentation to offset the amount identified or return the amount due. The GRANTEE understands that section 215.422, Florida Statutes establishes certain state agency responsibilities and grants certain vendor rights with respect to invoice processing time limits and dispute resolution. Upon receipt, an agency has five working days to inspect and approve ttfe goods and services, unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected and approved. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established to act as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3782. In accordance with section 215.422, Florida Statutes, the COMMISSION shall pay the GRANTEE interest at a rate as established by section 55.03(1), Florida Statutes on the unpaid balance, ifa warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a GRANTEE requests payment. 10. The GRANTEE hereby agrees to indemnify and hold the COMMISSION harmless from any and all claims or demand for any personal injury or property damage resulting or occurring in connection with any activities conducted under this Agreement and shall investigate ail claims of every nature at its expense. In addition the GRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted under this Agreement. 11. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful ~nisconduct, or any breach of terms and conditions of this Agreement. Upon such termination, the GRANTEE shall refund any program funds received pursuant to this Agreement. Following termination under this provision, the COMMISSION shall declare the GRANTEE ineligible for further participation in the Program. FWCC 99060 FBIP 99-04 Page 2 of 7 12. :i Any and all notices shall be delivered to the parties at the following addresses: GRANTEE City Engineer City of Sebastian 1225 Main St. Sebastian, Florida 32958 COMM/SSION Boating Safety Coordinator Division of Law Enforcement 620 South Meridian Street Tallahassee, FL 32399-1600 13. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public record and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public 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. 14. The COMMISSION's Project Manager is Boating Safety Coordinator, Division of Law Enforcement, Office of Planning and Policy, Phone .850-488-5600. The GRANTEE's Project Manager is City Engineer, Phone(561)589-5490. All matters shall be directed to the Project Managers for appropriate action or disposition. 15. The COMMISSION may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the GRANTEE's cost or time shall requke an appropriate adjustment and modification (formal amendment) to this Agreement. It is the intention of the COMMISSION and the GRANTEE that no evidence of any waiver or modification or amendment shall be offered or received in evidence in any proceeding or litigation between the parties arising out of or affecting this Agreement unless such waiver, or modification or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements. 16. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Agreement shall be purchased from the corporation identified under Chapter 946 Florida Statutes, in the same manner and under the procedures set forth in section. 946.515 (2),(4), Florida Statutes; and for purposes of this Agreement the person, firm or other business entity carrying out the provisions of this Agreement shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, 1NC. (P.R.I.D.E.) which may be contacted at: P.R.I.D.E. 12425 28~ Street North St. Petersburg, Florida 33716 Telephone: (727) 572-1987 FWCC 99060 FBIP 994)4 Page 3 of 7 17. 18. 19. 20. 21. ~22. 23. 24. The GRANTEE warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the GRANTEE to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the GRANTEE any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. The GRANTEE 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. 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. It is the intention of the parties that the performance required hereunder and all legal actions or proceedings whether judicial or administrative arising here from shall be construed in accordance with and under and pursuant to the laws of the State of Florida and such laws shall be applicable and shall govern to the exclusion of the laws of any forum without regard to the jurisdiction in which any legal actions or proceeding may be instituted. The parties agree that Leon County, Florida, shall be the venue for all actions, at law or in equity, arising herefrom, to the exclusion of all other lawful venues. The GRANTEE shall maintain books, re~ords and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The COMMISSION, the State, or their authorized representatives shall have access to such records for audit purposes during the term of the Agreement and for three (3) years following Agreement completion. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for payment verification purposes by the COMMISSION or its duly at~thorized agent. In the event any work is subcontracted, the GRANTEE shall similarly require each subGRANTEE to maintain and allow access to such records for audit purposes. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods or equipment purchased under the terms of this Agreement. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. As a condition of this agreement, the GRANTEE and/or SubGRANTEE hereby covenents and agrees not to discriminate against any individuals's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring pursuant to this Agreement. FWCC 99060 FBIP 99-04 Page 4 of 7 25.. 26. 27. 28. 29. The GRANTEE shall not subcontract, assign, or transfer work under this Agreement without the prior written consent of the COMMISSION's Project Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the COMMISSION and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the GRANTEE shall require the subGRANTEE similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-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 the Workers' Compensation statute, the GRANTEE shall provide, and cause each subGRANTEE to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. The GRANTEE agrees to supply the COMMISSION with proof of insurance, the types and coverage outlined by the COMMISSION. The GRANTEE shall provide to the COMMISSION a true copy of the insurance herein required prior to the execution of the related agreement through the issuance of a purchase order or the execution of a formal contract. All certificates of insurance or insurance policies shall be with insurers qualified and licensed to do business in Florida through an authorized~Florida Resident Agent. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the COMMISSION, agrees to carry adequate liability and other appropriate forms of insurance. The COMMISSION shall have no liability except as specifically provided in this Agreement. The COMMISSION shall have exclusive rights to all designs, logos, mottos, slogans, data or other concepts developed under this Agreement. This provision shall apply whether the property just described is in the possession of the GRANTEE or a third party. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not 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. 30. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement. FWCC 99060 FBIP 99-04 Page 5 of 7 3].. Pursuant to the Lobbying and Disclosure Act of 1995, the GRANTEE agrees to refrain from entering into any subcontracts under th~s Agreement with any organization described in Section 501 (c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. 32. This Agreement contains the complete Agreement between the COMMISSION and the GRANTEE and, as of the effective date hereof, shall supersede all other agreements, communications or representations, either verbal or written, between the COMMIS SION and the GRANTEE. The COMMISSION and the GRANTEE stipulate that neither of them has made any representations except such representations as are specifically contained within this Agreement. The COMMISSION and the GRANTEE further acknowledge that any payments or representations that may have been made outside of those specifically contained herein are of no binding effect and have not been relied upon by either party in its dealings with the other in entering into this Agreement. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK FWCC 99060 FBIP 99-04 Page 6 of 7 ATTACHMENT A SCOPE OF WORK The GRANTEE agrees to perform the Sebastian Yacht Club- Boat Ramp Extension project as identified in the project application which is made a part of this Agreement by reference. Further, the COMMISSION shall review and approve in writing all proposed publications which will be funded by this grant to assure that environmental and boating safety issues are effectively addressed. The COMMISSION agrees to obligate and make available to the GRANTEE the approved project amount of $74,400.00 for the project authorized by this Agreement. The COMMISSION will release the funds on a cost reimbursement basis. The reimbursement shall be made in a single payment and must be made prior to December 31, 2000. Unless a retroactive waiver for pmiect work has been approved by the COMMISSION, the GRANTEE understands and agrees that there shall be no reimbursement of funds for expenses incurred prior to the execution of this Agreement. The request for compensation shall consist of an invoice on the organization's letterhead, clearly marked as invoice, supported by an itemized listing, by category, as reflected in the original grant application, of all expenditures claimed. Asphalt paving, if any, shall conform with the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts, or purchase orders must specify thickness of asphalt and square yards to be paved. Upon project completion, the engineer, architect or other appropriate professional shall sign a statement certifying satisfactory completion of the project in accordance with the prepared plans and specifications. The GRANTEE will provide photographs of the completed project and submit a Certification of Completion form to be provided by the COMMISSION which certifies the project has been completed. The Project Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished on the project and, if in order, approve the request for payment. The GRANTEE is responsible for obtaining all permits, licenses, agreements, leases, easements, etc., required for the project. The GRANTEE shall erect a permanent sign, or use some other manner of acknowledgment, approved by the COMMISSION, identifying the COMMISSION as a funding source for the project. Attachment A FWCC 99060 FBIP 99-04 Page 1 of 2 10. The GRANTEE agrees that the project, when completed, shall be dedicated for public recreational uses. The dedication shall be for a minimum of twenty-five (25) years and shall be recorded in the public property records. The GRANTEE further agrees to return to the COMMISSION funds tendered for the project in the event the project becomes used for other than the purposes of the project during this period. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK AUachment A FWCC 99060 FBIP 99-04 Page 2 of 2