SP357 - COOPERS POINT ECOSYSTEM RESTORATION/MANAGEMENT PROJECT
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DEP Contract No. SP357
AGREEMENT
THIS AGREEMENT is entered into this ;Ii< d day of 19 q (p,
between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION einafter referred
to as the "Department") and the City of Clearwater, Florida, whose address is
P.O. Box 4748, Clearwater, Florida 34618-4748 (hereinafter referred to as the
"Contractor"), a governmental entity, to perform the Cooper's Point Ecosystem
Restoration and Management Project.
In consideration of the mutual benefits to be derived herefrom, the
Department and Contractor do hereby agree as follows:
1. The Department does hereby retain the Contractor to perform the cooper's
Point Ecosystem Restoration and Management Project in accordance with
Attachment A, Scope of, Services, attached hereto and made a part hereof.
The Contractor 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.
2.
The Contractor shall perform the services
manner as determined by the Department.
products or materials necessary to perform
as further stated herein, shall be supplied
in
a proper and satisfactory
and all such equipment,
services, or requirements
Contractor.
Any
these
by the
3. The Contractor shall post signs, which can be read at a distance of up to
200 feet, in conspicuous locations at the project site indicating the
Department's participation, through the Pollution Recovery Trust Fund, in
funding for this project.
4. The Contractor shall perform as an independent contractor and not as an
agent, representative, or employee of the Department.
5. As consideration for the services rendered .by the Contractor under the terms
of this Agreement, the Department shall pay the Contractor on a cost
reimbursement basis for subcontracted services as outlined in Attachment A.
Maximum compensation under this Agreement shall not exceed $50,000.
The state Comptroller requires detailed supporting documentation of all
costs under a cost reimbursement Agreement. In accordance with
comptroller's Memorandum No. 10, issued December 18, 1991 (attached hereto
and made a part hereof as Attachment B), the Contractor shall comply with
the minimum requirements herein. Invoices shall be accompanied by
supporting documentation and other requirements as follows:
L
Salaries/Waqes The Contractor
salaries and multipliers (i.e.,
general and administrative rates)
shall not be reimbursed for
fringe benefits, overhead,
for Contractor's employees.
direct
and/or
it. Contractual - (Subcontractors) - Reimbursement requests for
fD~ ~ subcontractors must be substantiated by copies of invoices
~r;. / << documentation identical to that required from the prime
-~ Contract No. SP357, Page 1 of 7
rp~
payments to
with backup
contractor.
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payments of less than $1 will not be enforced unless a contractor requests
payment. The interest rate established pursuant to Section 55.03 (1), by
Comptroller's Memorandum No. 10 (1995-96) dated December 1, 1995, has been
set at 10.0% per annum or .02740% per day. The revised interest rate for
each calendar year beyond 1996 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 904/922-5942.
12. Each party hereto agrees that it shall be solely responsible for the
wrongful acts of its employees, contractors and agents. However, nothing
contained herein shall constitute a waiver by either party of its sovereign
immunity and the limitations set forth in Section 768.28, Florida Statutes.
13. Either party may terminate this Agreement for convenience by giving thirty
(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 such termination by the Department, the
Contractor shall be compensated for work satisfactorily completed and
irrevocable commitments made. If terminated by the Contractor, the
Contractor shall be compensated for work satisfactorily completed.
14. Any and all notices shall be delivered to the parties at the following
addresses:
Department
Contractor
Ms. Stormy Ingold
Florida Department of
Environmental Protection
Southwest District Office
3804 Coconut Palm Drive
Tampa, Florida 33618-8318
Ms. Terry Finch
Environmental Programs Director
City of Clearwater
P.O. Box 4748
Clearwater, Florida 34618-4748
15. 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 Contractor 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 Contractor in conjunction with this Agreement.
16. This Agreement may be terminated by the Department at any time for failure
of the Contractor to perform in accordance with the terms and conditions
contained herein.
17.
The Department's Contract Manager is Ms. Stormy Ingold, Phone
Ext. 325. The Contractor's Contract Manager is Ms. Terry
813/462-6597. All matters shall be directed to the Contract
appropriate action or disposition.
813/744-6100,
Finch, Phone
Managers for
18. The Department may at any time, by written order designated to be a change
order, make any change in 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
DEP Contract No. SP357, Page 3 of 7
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or decrease in the Contractor's cost or time shall require an appropriate
adjustment and modification (formal amendment) to this Agreement.
19. 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, F.S., if available, in the
same manner and under the same procedures set forth in Section
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.
5540 Rio Vista Drive
Clearwater, Florida 34620-3107
Telephone: (813)535-4900
20. The Contractor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Contractor 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 Contractor any fee, commission,
percentage, gift or other consideration contingent upon or resulting from
the award or making of this Agreement.
21. The Contractor 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.
22. 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.
23. The Contractor 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 this Agreement and for three years
following Agreement completion. In the event any work is sublet, the
Contractor shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes.
24. 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.
DEP Contract No. SP357, Page 4 of 7
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25. The Contractor recognizes that the State of Florida,
sovereignty, is not required to pay any taxes on the
purchased under the terms of this Agreement.
by virtue
services or
of its
goods
26. 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.
27. No person, on the grounds of race, creed, color, national origin, age, sex,
or disability, shall be excluded from participation in or be denied the
proceeds or benefits of, or be otherwise subjected to discrimination in
performance of this Agreement.
28. 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.
29. The Contractor shall be responsible for selecting any subcontractor(s)
through a competitive process equivalent to that described in Chapter 287,
Florida Statutes. The Contractor shall provide the Department with copies
of all solicitation documents including: the solicitation, the tabulation
sheet, the award notice, and the resulting contract.
30. The Contractor shall not sublet, assign, or transfer any work under this
Agreement without the prior written consent of the Department's Contract
Manager. The Contractor 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 Contractor that the
Department shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Contractor shall be
solely liable to the subcontractor for all expenses and liabilities incurred
under the subcontract.
31. To the extent required by law, the Contractor 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 sublet, the Contractor 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 Contractor. 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' Compensat ion statute, the
Contractor shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of its
employees not otherwise protected.
32. The Contractor, as an independent contractor and not as 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.
33.
Should either party bring suit to enforce any of the
Agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees at all levels of proceedings.
terms of this
court costs and
DEP Contract No. SP357, Page 5 of 7
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34. 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
grantee, contractor, supplier, subcontractor, or consultant under an
Agreement 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.
35. In accordance with Section 216.347, Florida statutes, the Contractor is
hereby prohibited from using funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or a state agency.
36. In accordance with Section 216.349, Florida Statutes (financial review of
grants and aids appropriations), the Contractor shall provide to the
Department one of the following: (a) an audit of this Agreement in
accordance with the rules of the Auditor General promulgated pursuant to
Section 11.45, Florida Statutes; or (b) a statement prepared by an
independent certified public accountant which attests that the Contractor
has complied with the provisions of this Agreement. The Department reserves
the right to recover costs for failure to comply with Section 216.349,
Florida Statutes.
copies of the required statement or audit shall be sent to each of the
following:
-Ms. Stormy Ingold
Department of Environmental Protection
Southwest District Office
3804 Coconut Palm Drive
Tampa, Florida 33618-8318
-Audit Director (MS40)
Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
-Audit Manager
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
37. 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
DEP Contract No. SP357, Page 6 of 7
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION
issioner
--
Ric ard Garrity, Direc r
Southwest District Offic
~~
DEP Cont act M nager
Approved as to form and legality:
~~ <-- -
Assistant ~~~~~ Attorney
/
Approved as to form and legality:
/{).?~
. ~ ~ssistant General Counsel
Clerk= . (j
List of attachments included as part of this Agreement:
Spec ify
Type
Letter/
Number
Description
(include number of paqes)
Attachment
Attachment
A
B
Scope of Services (2 Pages)
Comptroller's Memorandum No. 10 (2 Pages)
DEP Contract No. SP357, Page 7 of 7
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ATTACHMENT A
SCOPE OF SERVICES
The Florida Department of Environmental Protection (Department) and the City of
Clearwater (Contractor) agree that the primary objectives of this project are:
To restore, enhance and manage natural wetland and upland habitats at
Cooper's Point.
To provide opportunities for environmental education and public access.
Scope Detail
1. The Contractor shall be responsible for the final project plan and project
implementation. The project plan shall include surveys, construction
drawings, time lines, vegetation planting plans, bid documents and proposed
contracts. Construction drawings shall include all clearing, excavation,
filling, and public access facilities. Copies of all documents shall be
submitted to the Department.
2. The Department shall work closely with the Contractor to help develop the
project plan. The Department shall review and approve the project plan
prior to the Contractor issuing any bid documents or executing any contracts
for work to be performed. The Department shall modify the project plan as
required to protect established habitats, to protect water quality, and to
improve implementation of the project.
3. The Contractor shall be responsible for obtaining all required permits.
4. The Contractor shall notify the Department of project start-up dates at
least five days prior to commencing and shall keep the Department informed
of subsequent changes in the schedule.
5. The Contractor shall be responsible for properly disposing of waste and
debris found on-site and/or generated as a result of the project.
6. The Contractor shall provide continuous on-site management to insure
compliance with the project plan and water quality standards.
7. The Contractor shall utilize proper turbidity controls. If dewatering is
necessary, the Contractor shall submit a dewatering plan to the Department
for review and approval prior to performing any dewatering activities.
8. The Contractor shall be responsible for developing and implementing an
ongoing management plan for the project site.
9. The Contractor shall provide quarterly progress reports, a final report
along with photographs documenting the work completed, and a management plan
for ongoing site maintenance. The final report and management plan are due
fifteen (15) calendar days prior to the Agreement completion date
established in paragraph 8 of the Agreement.
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DEP Contract No. SP357, Attachment A. Page 1 of 2
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Budget Explanation
The Contractor will be reimbursed up to $50,000 for subcontractor costs
associated with completing this project. Appropriate expenditures include, but
may not be limited to, work associated with project construction, exotic
vegetation control, and public access facilities.
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DEP Contract No. SP357, Attachment A, Page 2 of 2
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ATTACHMENT B
OFFICE OF CO~lPTROLLE1-<.
OC......LD LeWIS
eo....r..O\.L'" O' '~o..'o...
TALLAHASSEE
32399-0350
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DP.PAR'!HEl'T 01~ J:lA;-':Kl1'\C ^~D rIN^~CE
ST_I\..TE OF FLORIDA
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Deccmbe~ 18, 1991
COMPTROLL~R'S M~MO~.NDUM NO. 10 (1991-1992)
SU3JT:C'!':
CONT~C7U^L S~~V!C~S - CDS'!' RE!M3URS:r:M~NT CONT~ACTS
This merno..~ndum ~s ~o orovice cla~ification =el~tivc to the
documenta~ion =eoui=eme~~s fo~ ~ho$e cont~actual se~vice co~t=cc~s
which p=ovide :0; ?aymp.nt o~ a cost ~eimbu=se~e~~ basi". :n
general, cos~ =eimbur~p.~en~ contracts =e~ui=e an it~~i~e6
li$ti~s (by category) of all e~?endi~ures cl~i~ed along ~!ith
Su??o=~ing docume~~a~ion :0= each amount for which ==i~=u=se~ent
is being claimed inaicating that ~he item has been ?ai~. Check
nu.mbers may be furnished i:1 lieu of copies 0: ar:tua}. c'rv~,:):;..
~2ch piece of doc~ment~tion sho~lc also clearly =::~ect the
da~es of service. The types of documentation liste~ be10w ~r~
cX2~ples anc re?=esent t~e mini~um =esui=p.me~t5.
(1) 5al~=ie~: ~ ~ayroll =cgi~te~ or similar coc~n0.~~Gtir.n
shou~c be ~\~~~i~te~. Th~ pcy=oll r~gis~e~ should ~~~~ ~~oss
salary c~a=ges, .f=i~ge bene:i~s, at~e= cecuctio~5 ~~Q ~et ?ay.
If a~ i~civicu~l :0= ~how =e~ill~~=sem~~~ is hein~ c~~i~eo is
paic hy ~h~ hour, ~ nocurne~t reflp.cti~g tn~ hou=s ~0=keQ ~~mes
the =ate of ?ay ~ill be a=ce?tab~e.
(2) =r~~se 3c~e:i~$: ==~~S~ ~~~p-:its s~c~l~ ~e s~~~c~~ec
~y ~~voices sho~~~S ~h~ ~rnou~t ?~~d O~ ~eh~~: ot ~hc
~~?:~o;.ae~ (e.;.., :..~s.~::"~nr:e ?=e:::~'..:.:::~ ?c:i~) a .:..; .-:.:~e r:~;-:a::-2.r;-:.
s?eci=.ic:.l:'y s~a':es '::1a-: ==i~~1? :::>e~e=~~s '~'~2.~ :::>e :')."s:;~ r.~ 2.
s?p.ci:~~c ?e=c~~':GSC =a-:he= ~~~n the ac~ual cost of :=i~se
~cne~~~s, ~~e~ ~~e c~~c~~2~io~ :0= ~he :=i~sc ~2~e~~~s 'a~D~~~
m'~s-: ~p. sh6.....j"l.
(3) :'=ilvel: ~ei~~~=~c;':\e~~ ::c= '.:=c:\'el ::-:.:st ;,e :.:-\
ac=o=~a~c~ ~;~~h Sec-:.i~~ 1~2.061, ?J.c=~~~ 5~~~~~~s,
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i~c~~c~s s~~~issic~ 0: ~~~ cl~~~ O~ ~~e ~??=ov~=
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DEP Contract No. SP357, Attachment B, Page 1 of 2
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(4) Othe~ direct costs: Reimbursement will be made
based on paid invoices/receipt~. If nonexpendable property
is purchased using State funds, the cont~act should include
a p=ovi5ion for the transfer of the property to the State when
services are ter~inated. Documentation must be p~ovided to
show co~?liance with Deoartrnentof Gene~al Servi~es Rule
13A-l.017, F.A.C., regarding the requi~ements for contracts
which include services ann that provide for the
cont=acto~ to purchase tangible perso~al prope=ty as
defined in Section 273.02, Flo~ida Statutes, fo= subsequent
t=ansfer to the State.
(5) In-house charges~ Charges which may be of an internal
nature (e.g., postage, copies, etc.) may be rei~bur5ed
based on a usage log which shows the units times the rate
being charged. The rates must be reasonable.
"
(6) Incirect costs: If the contract specifies that incirect
costs will be paid based ona speci~ied rate, then the
calculation should be shown.
It should be noted that the dDcu~e~tation sub~ittec ~i~h
each voucher will be evaluated individually using the ,above
guicelines. Should you have questions or require further
clarificition, please contac~ Cheri Greene at 488-4098, SUNCOM
.2 7 8 - ~ 0 9 8 .
Sincerely,
0"- y W~
Jana I Walling, Director
Division of Accountins
2;'iQ .~~ci t.i:ig
JIi,,: M::::s
DEP Contract No. SP357, Attachment B, Page 2 of 2