Contract SWPP97-15DEP Agreement No. SWPP97-15
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SPECIAL WATERWAY PROJECTS PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is entered into this.2�44-day of Ylkq,��2 , 19 98 , between the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and
the Monroe County Board of County Commissioners whose address is 2798 Overseas HighHighyW. Suite 420. -n
Marathon, Florida 33050 (hereinafter referred to as the "GRANTEE"), to conduct a project u%er se cii
Waterway Projects Program. per" = Z v
In consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and GRAZdo herel�
agree as follows: X o = rn
=�--} c-5
1. The DEPARTMENT does hereby retain the GRANTEE to perform the Channel Markin Prn Qthi@
Florida Keys project as defined herein and the GRANTEE does hereby agree to performttucfPserfRes o
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.
2. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the
DEPARTMENT. 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.
The GRANTEE shall perform as an independent GRANTEE and not as an agent, representative or
employee of the DEPARTMENT.
4. This Agreement shall begin upon execution by both parties and end December 31, 1998, inclusive. The
GRANTEE agrees to complete the project on or before November 2, 1998. The final invoice shall be
submitted no later than November 16, 1998, 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.
6. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the
DEPARTMENT shall pay the GRANTEE on a cost reimbursement basis as specified in Attachment A. All
bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof. No travel expenses are authorized under the terms of this Agreement.
Pursuant to Florida Statutes, the DEPARTMENT's project manager shall have 5 working days, unless
otherwise specified herein, to inspect and approve the services for payment; the DEPARTMENT must
submit a request for payment to the Florida Department of Banking and Finance within 20 days; and the
Department of Banking and Finance is given 15 days to issue a warrant. Days are calculated from the later
date the invoice is received or services received, inspected and approved. Invoice payment requirements do
not start until a proper and correct invoice is received. Invoices which have to be returned to a GRANTEE
for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within
the Department of Banking and Finance who may be contacted if a GRANTEE is experiencing problems in
obtaining payment(s) from the State of Florida agency. The Vendor Ombudsman may be contacted at (850)
488-2924 or (800) 848-3792.
SWPP 97-15
Page 1 of 6
,8. In accordance with Section 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE,
interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a 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. The interest rate established pursuant to Section 55.03(1), by Comptroller's
Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10.0% per annum or .02740% per
day. The revised interest rate for each calendar year beyond 1998 for which the term of this Agreement is
in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the
telephone number provided above, or the DEPARTMENT's Contracts Section at (850) 922-5942.
9. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents.
However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the
provisions of section 768.28, Florida Statutes.
10. The DEPARTMENT shall have the right to terminate this Agreement and demand refund of Program funds
for non-compliance with the terms and conditions of this Agreement. Failure to comply with the provisions
shall result in the DEPARTMENT declaring the GRANTEE ineligible for further participation in the
Program.
11. This Agreement may be canceled by either party, with or without cause, by giving 30 calendar days written
notice to the other party. Said notice shall be sufficient if delivered personally or by certified mail to the
address contained herein. In case of cancellation, only amounts accrued to the date of cancellation shall be
due and payable.
12. Any and all notices shall be delivered to the parties at the following addresses:
GRANTEE
Kim McGee
Project Manager
County of Monroe
5100 College Road
Key West, FL 33040
DEPARTMENT
Jan R. DeLaney
Project Manager
Division of Law Enforcement
3900 Commonwealth Blvd, MS 665
Tallahassee, FL 32399-3000
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 DEPARTMENT 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 DEPARTMENT's Project Manager is Jan R. DeLaney, Program Grants Manager, Division of Law
Enforcement, Bureau of Administrative Support, Phone 850-488-5600, extension 178. The GRANTEE's
Project Manager is Kim McGee, Phone 305-292-4511. All matters shall be directed to the Project
Managers for appropriate action or disposition.
15. The DEPARTMENT 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 require an appropriate adjustment and modification (formal amendment) to this Agreement.
SWPP 97-15
Page 2 of 6
.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 946.515(2), (4), F.S.; 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, INC. (P.R.I.D.E.) which may be contacted at:
P.R.I.D.E.
12425 28`h Street North
St. Petersburg, Florida 33716
Telephone: (813) 572-1987
17. 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.
18. 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..
19. 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 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.
20. The GRANTEE shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of the Agreement and for three years following Agreement completion. 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.
21. 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.
22. 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 purchased under the terms of this Agreement.
23. 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.
SWPP 97-15
Page 3 of 6
24. 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.
25. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without
the written approval of the DEPARTMENT.
26. The GRANTEE shall not subcontract, assign, or transfer work under this Agreement without the prior
written consent of the DEPARTMENT's Project Manager. The GRANTEE agrees to be responsible for the
fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT 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 DEPARTMENT 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.
27. 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
subcontractor 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 subcontractor to provide, adequate
insurance satisfactory to the DEPARTMENT, for the protection of his employees not otherwise protected.
28. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the
DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The
DEPARTMENT shall have no liability except as specifically provided in this Agreement.
29. The DEPARTMENT shall 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.
30. 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, F.S., for Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
31. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing
services to the DEPARTMENT 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.
32. Pursuant to the Lobbying and Disclosure Act of 1995, the Contractor agrees to refrain from entering into
any subcontracts under this 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.
SWPP 97-15
Page 4 of 6
J3. 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 proved herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SWPP 97-15
Page 5 of 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year first
above written.
MONROE COUNTY
BOARD'S COUNTY COMMISSIONERS
or designee*
_ JP,cK LoN �>pjy
Name (Print)
1"t �_
Title
M®Nl? �
County Name
51" EYfl-b
Address
(Iity, State and Zip Code
Federal Employment Identification
Number 5f -4,-�I f-9
Remittance Address:
F,
S' A M IE—
Address
City, State and Zip Code
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
1
Direc ivision o Law Enforcement
Ca -". Z_�_ L ==s
DEP Pr gram Grants Manager
Approved as to form and legality:
DEP Assistant General Counsel
APPROVED AS TO FORM
A GALS FFIC
ROBERT N. Ed
E DATD ' 9l'�
larAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY
�CL
*If someone other than the Chairman signs the Agreement, a resolution, statement or other document
authorizing the person to sign the Agreement on behalf of the county must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Scope of Work (2 Pages)
Attachment B Project Application (3 Pages)
SWPP 97-15
Page 6 of 6
ATTACHMENT A
SCOPE OF WORK
1. This Agreement shall be performed in accordance with Sections 370.021(1), and
212.69(1), Florida Statutes, and the Special Waterway Projects Program Policy, of the
Division of Law Enforcement, Bureau of Administrative Support, which are hereby
incorporated by reference as if fully set forth herein.
2. The GRANTEE agrees to perform the Channel Marking Plan for the Florida Keys
project as identified in the project application which is made a part of this Agreement by
reference. Further, the DEPARTMENT 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.
3. The DEPARTMENT agrees to obligate and make available to the GRANTEE the
approved project amount of $100,000.00 for the project authorized by this Agreement.
The DEPARTMENT 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
31,1998. Unless a retroactive waiver for project work has been approved by the
DEPARTMENT, the GRANTEE understands and agrees that there shall be no
reimbursement of funds for expenses incurred prior to the execution of this Agreement.
4. The request for reimbursement shall consist of an invoice on the organization's
letterhead, clearly marked as invoice, supported by an itemized listing, by category, of all
expenditures claimed, copies of checks for each amount for which reimbursement is
being claimed indicating that the item has been paid, and receipts clearly reflecting the
dates of service and detailing the work performed to accomplish the project as specified
in the project application.
5. 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.
6. 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.
7. The GRANTEE will provide photographs of the completed project and submit a
Certification of Completion form to be provided by the DEPARTMENT which certifies
the project has been completed.
8. 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.
Attachment A
S WPP97-15
Page 1 of 2
9. The GRANTEE is responsible for obtaining all permits, licenses, agreements, leases,
easements, etc., required for the project.
10. The GRANTEE shall erect a permanent sign, or use some other manner of
acknowledgement, approved by the DEPARTMENT, identifying the DEPARTMENT as
a funding source for the project.
11. If it becomes necessary for the DEPARTMENT to demand a refund of any or all funds
tendered pursuant to this Agreement, the GRANTEE agrees to return said funds to the
DEPARTMENT within sixty (60) days after notification by the DEPARTMENT. If not
returned within sixty days, the GRANTEE understands and agrees that any further
GRANTEE requests for funding as to this or any other program under the
DEPARTMENT's administration shall be denied until the funds have been returned.
12. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT, 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.
13. 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 DEPARTMENT funds tendered for the project in the event the project becomes
used for other than the purposes of the project during this period.
14. Failure to comply with the terms of this Agreement shall result in the DEPARTMENT
declaring the GRANTEE ineligible for further participation in the Program until such
time as the GRANTEE complies with the terms.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment A
S WPP97-15
Page 2 of 2
I
Attachment B
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF LAW ENFORCEMENT
SPECIAL WATERWAY PROJECTS PROGR NI
APPLICATION FORAI
1. Name of Applicant:
APPLICANT INFORMATION.
Monroe County
2. Federal Employment Identification Number: 59-600749
3. Project Manager
Kim McGee
4. Title: Marine Projects Coordinator
5. Address: 5100 College Rd.
6. Telephone: (305 ) 292-4511 Fax: 295-4317 Suncom:
FINANCIAL INFORMATION.
1. Total cost of proposed project. S 292,400.00
2. Grant funds requested. $100,000.00
3. Local funds available.
a. Cash $
b. In -kind $
c. Other $ 192,400.00 (BIF)
SUPPORTING DOCUMENTATION-.
M
Submit the following items with your original application along with 3 application photocopies. Please note that
your application is incomplete and will not be processed until these items have been received:
% 1. Resolution authorizing that a designated representative has authority to apply for and administer the
grant on behalf of the applicant.
2. Boundary map of the project area. The map must provide a description and sketch of the project area
boundaries, displaying known easements, and be legally sufficient to identify the project area.
3. Color, on -site photographs sufficient to depict the physical characteristics of the project area. Aerial
photographs are also requested. Please mark approximate boundaries of the project site.
4. An 8.5 x 11 photocopy (project site vicinity only) of a current NOAA North American Datum 83
nautical chart (provide the NOAA chart name and number) indicating the precise location of the project site.
NOAA charts may be obtained from: Distribution Branch (N/CG33), NOAA-National Ocean Service, 6501
Lafavette Avenue, Riverdale, Maryland 20737-1199, (301) 436-6990.
5. Latitude and longitude coordinates (indicating degrees, minutes, and seconds).
6. Site control documentation (e.g. deed, lease, results of title search, etc.) for the project site.
7. Photocopies of necessary project permit(s) or permit application(s).
*SEE ATTACHED CHANNEL MARKING Page 1 of 3
SUMMARY
PROJECT INFORMATION.
1. Name of Project: Channel Marking Plan for the Florida Keys
2. Project Category (check one): % Boating Access and Navigation (Category 1).
Other Boating -related activity (Category 2).
3. Will this project be on land:
Owned by the applicant?
Under site control by applicant?
4. Project location:
Date site control expires:
City
County Monroe
Water body
5. LeQislative districts in which the project site is located:
State Senate State House
PROJECT DESCRIPTION.
SEE ATTACHED SUMMARY
is application is true and accurate. I further certify that I possess
I hereby certify that the information provided in th
the authority to apply for this grant on behalf of the applicant.
10-31-9 7
Signature of Authorized Representative Date
of Governing Body
Rim McGee
Printed name of Authorized Representative
Marine Projects Coordinator
Title
SEAL
NOTARY
3/15196 SWPP
(305) 292-4511
Telephone
CMe C!AL NOTARY SEAL
I is r'Pd 15-1230".5, r
Y.ANZ
OF FLCRiDA
Cii�4*. , acr•.It�n.: NO. CC - = 57
_ . G Ff,i . r:.,,. 1� 1;-9s Page 3 of 3