PROJECT AGREEMENT (4)
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I -. r ~NR CONTRACT NO. ~~
~roject Agreement for Statel
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Aquatic Plant Control Funds
This Project Agreement is entered into this 10th day
of
Ji1nuary
, 1983, between the State of Florida,
Department o.f Natural Resources, hereinafter referred to as the
Department., and the
City of Clearwater
~,
hereinafter referred to as the Grantee.
RECEIVSD
HITNESSETH
SE? 12 /9$3
CITY CLEn~
WHEREAS, the Legislature has appropriated funds to tile
Department to provide state assistance to local governmental
entities for the management of aquatic plants, and
WHEREAS, the Department has the responsibility for disburse-
ment of state funds in accordance with the rules of Chapters
..
16C-50, Florida Administrative Code and 372.925, Florida
Sta-l.:utes, . and
\V'HEREAS ,the Grantee is responsible for the management of
aquatic plants in public '.-Taters and has made application for such
funds to conduct work for which it has been determined eligible.
NOW THEREFORE, in consideration of the mutual covenants,
promises and representations herein, the Department and Grantee
do rlereby agree as follows:
ARTICLE 1. ]?urpose of Project A<;Jreement
.
The purpose of this Project Agreement is to provide supple-
mentary support to the Grantee for the proper management and con-
trol of aquatic plants.
ARTICLE 2. Scope of Service
1!l Covenant for Service
The Grantee agrees to perform Aquatic Plant Control as
.
defined herein and in accordance with the requirements of the
rules of Chapters 16C-50, F.A.C, and 372.925, F.S., upon the
terms and conditions set forth in this Project Agreement and
Attachment "A" attached thereto.
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ill Definition, Scop~ and Qua1i ty of Set'vice
(a) The Grantee shall perform and render as an inde-
pendent Contractor and not as an agent, represen-
tative or employee of the Department, services
described herein in a proper and satisfactory
manner as determined by the Department in its sole
discretion. The services to be performed shall be
known as the "Aquatic Plant Control Work Plan"
(DNR #:50-028) and are described in Attac1unent "A-I"
of ~~is Project Agreement with which the Grantee
a~rees to comply.
(b) The Grantee shall confer with the Department to
clarify any questions that might arise concerning
contractual responsibilities and requirements
necessary for completion of the aquatic plant
control work plan.
(c) The Grantee shall permit the Department through
its duly authorized representative(s) to monitor
the work plan pertaining to this Project
A'::Jreement., as deemed appropriate by the
Department.
ARTICLB 3. Eligible and Ineligible Cost~
Costs eligible under the terms of this Project Agreement
and outlined in the Total Budget (DNR#50-l5A) as detailed in
Attachment "A-2" the rules of Chapter l6C-50, F.A.C. and
Section 372.925, F.S. are as follows:
( 1 )
Contractual Services
.
(a) Eligible - Costs of work performed by private or
independent contractors ~~at is directly related
to the field activities necessary to accomplish
the aquatic plant control activities designated in
the work plan.
(b) Ineligible - Costs for work performed by private
or independent contractors pursuant to cost plus
or contingency fee contracts.
(2) Salaries and ~~~
(a) Eligible - Salaries and wa~es of employees for ~~e
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performance of work directly related to the field
activities necessary for the accomplishment of the
approved. work plan. Hourly wage rates shall be
calculated by dividing the employees regular gross
annual salary for pay purposes by 2,088 gross
annual work hours. Overtime charges for such
employees shall be eligible costs provided they
are necessary and approved by the Grantee's normal
policy for payment of overtime to employees.
(b) Ineligible - Salaries and wages of employees
responsible for administration and general activi-
ties who do not perform work directly related to
the field activities necessary for the accomplish-
ment of the approved aquatic plant control work
plan, and the salaries and w~ges of employees per-
forming routine daily servicing of equipment
including general maintenance and repair work.
ill Employee Benefits
(a) Eligible - Up to 40% of eligible salaries and
wages of employees shall be allowed as a rea so-
nable reirnburseme~t for:
1. Accrued annual, sick, and holiday leave based
upon a maximum of 15% of salaries and wages of
employees who accrue such benefits from the
Grantee.
2. Employee benefits (FICA, Retirement, Health
and Life Insurance, Workmens Compensation,
ete.) based upon a maximum of 25% of salaries
and wages of employees who receive such bene-
fits from the Grantee.
(b) Ineligible - Employee benefits in excess of the
standard allowance paid to or for the account of
employees.
1il Material and Supplies
(a) Eligible-
1. All costs of herbicides and enhancing agents
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ex)ended in accomplishing the1apprOVed work
plan through withdrawals from Grantee's stock.
2. Biological controls which have been proven
effective throuyh scientific research and for
which control methods have been published in
accepted scientific journals.
(b) Ineligible - Costs of small tools (shovels, saws,
hammers, drills, etc.), clothing, uniforms or
safety equipment worn by employees, operatiny
expendables or replacement parts purchased for
Grantee owned equipment used on the project.
S..?J. Ey.uipment
(a) Eligible - All reasonable cOsts for equipment ren-
tal which is required to be used or to be kept
available at the site for the accomplishment of
the project, as outlined below.
1. The actual cost incurred for the rental of
equipment by the Grantee from independent
sources for the time such equipment is used or
required to be available to accomplish the
project.
2. Rental rates as established by the Department,
and detailed in Attachment II A-51!, for the use
of Grantee owned equipment provided the use of
each piece of equipment and applicable rental
rate are agreed upon in writing by both the
)
Department1s and Grantee's Project
Administrators prior to the commencement of the
project. These rates shall not exceed 50% of
the Blue Book operating rate.
(b) Ineligible-
1. Costs for the purchase of any equipment.
2. Costs of repairs or servicing of Grantee
owned equipment or rental charges subsequent
to completion of the need for a piece of
equipment for the project.
ill
Travel and Per Diem
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(a) Eligible - Travel and Per Diem expenses approved
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in writing in advance by the Department, for
attendance at professional or scientific seminars,
conferences or conventions, or meetings called by
the Department. Travel and per diem shall be re-
imbursed in accordance with Section 112.061,
Florida Statutes as may be in effect at the ti~le
the project is authorized.
(b) Ineligible - Travel and per diem expenses of
Grantee employees incurred in efforts to obtain
grant and contract fund s or any other travel and
per diem ex~enses not specifed or approved in
accordance with subsection 16C-SO.08(6)(a) of this
chapter.
121 Indirect Costs
(a) Eligible - Fifteen vercent of the amount of eli-
gible salaries and wayes of Grantee employees
shall be allowed as a reasonable reimbursement for
indirect costs of Grantees. Indirect costs
include but are not limited to ':Jen~ral operating
expenses (such as insurance, storage, office
space, utilitias,: telephones, postaye, office
supplies, etc.) and yenaral administrative service
(sllch as personnel, purchasing, fiscal, etc.).
(b) Insliqible - Indirect costs in excess of th~ stan-
dard allowance.
ARTICLE 4.
Supporting Documentation
ill
Contractual Services
Services provided for a Grantee by private or indep~ndent
contractor shall be evidenced by a formal ayreel;J.ent or contract
executed by all appropriate parties specifyinq the exact terms
and cond,itions.
Competitive bid specifications and actual bids
received shall be maintained by the Grantee. The selection and
awarding of such contractual services by the Grantee shall be
subject to the Department's approval prior to the commencement of
work under the contract. The Grantee's awarding of a competitive
aquatic plant control bid to a bidder other than the lowest
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bidder shall be Justified to the Department in writin~and writ-
ten Depart..lent approval shall be obtained yrior to the conunence-
mant of any activities under such contract. Invoices and can-
celled checks shall be maintained to support the payments made
for such contractual services. Effective January 1, 1983, any
contractor who has violated the aquatic plant control permit pro-
visions of Chapter 16C-20, F.A.C., within one year prior to
contrac.t biddin':J shall Hot be eli,;;ible for state al.j,uatic plant
control funds reimbursement under Chapter 16<.;-50. Violations
conunitt~ by contrac.tors prior to January 1, 19b3 shall not
exclude the contractor from a~uatic plant control funds reLm-
bursement eli,:! ibility.
~ Salaries and ~~~
Payroll registers or journals, payroll warrants, and other
financial source docu@ents shall be maintained to substantiate
the rates of pay and actual payments to Grantee employees. hours
)f work reported for all Grantee in-house aquatic plant control
activities shall. be maintained on the Weekly Report of Operations
(DNR form ~50-027(16)) or equivalent form, approved by the
Depar~~~nt in advance, signed at a minimum by the immediate field
supervisor (foreman) and approved by d1e Grantee's project admi-
nistrator. These records shall reflect the ~eneral categories of
work performed (e.~. I spraying hyacinths - Lake Louise).
(3) Employee Benefits
Up to 40% of eli';jible salaries is provided for employee.
benefits and no specific supporting documentation need be main-
tained for such costs.
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L~ Material~ ~ ~~F~lies
Herbicides and enhancin~ agents taken from Grantee's stock or
inventory shall be supported by material requisitions or other
Job order/project cost records signed by the storekeeper and
Grantee employee assi4ned to work on the project. These source
docur.1ents shall descr ibe items in detail and identify the qeneral
use of such materials in the project. Appropriate records (i.e.,
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vendor invoices, cancelled checks, etc.) shall be maintained to
support unit costs of the ma.teria,ls based upon the Grantee I s nor-
mal method of inventory valuation. No warehouse or overhead
char';!es added by th~ Grantee shall be allowed. Records of daily
usa of - materials and supplies for all Grantee in-house aquatic
plant control activiti~s shall be maintained on the Weekly Report
of Operations (DNR form ;;:50-027(16)) or equivalent form, approved
by the Department in advance as detailed in Attachment "A-4".
These records shall be si';1ned at minimum by the immediate field
supervisor (foreman) and approved by the Grantee's proJect admi-
nistrator.
(5) Equ~p'~e.n t
~quipment usa~e lo~s, project activity reports, or other
operational cost reports shall be maintained to reflect the daily
use of each piece of equipment. These records shall reflect the
~eneral work performed and equipment operator as well as the
actual dates and hour s of use. These record s shall be maintained
by the Grantee for all in-house aquatic plant control activities',
on (ONR form #50-027(16)) or equivalent form approved by the
Department in ad vance. These record s shall be signed at a mini-
mum by ~~~ irrmediate field supervisor (foreman) and the Project
;'..dministrator.
Invoices and other documentation such as can-
celled checks and purchase orders shall be maintained to support
cha.rges for rental costs of equipment obtained from independent
sources.
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ill Travel and ~ Diem
Travel and per diem costs must be supported by a complet.ed
State of Florida travel voucher '-Form C676C) or Grantee travel
voucher, if approved by the Department, with appropriate receipts
as required. The travel voucher must identify in detail the spe-
cific purpose of such travel and be si~ned by the Grantee's
employee and approved by the project administrator.
Reimbursement for travel and per diem shall be allowed '\;0 the
extent permitted by Section 112.061, Florida Statute at the time
the project is authorized.
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ARTICLE 5. Compensa~ion
The Deparbnent agrees to pay the Grantee a monetary sum
not to exceed the amount specified in Attachment II A-2" .
payment(s) shall be made by y,uarterly reimbursement of a percen-
tage, as provided in Section 16C-SO.06(2), .E'.A.C. and specifed
in Attachment "A-2", of eli':Jible costs as defined in this
Ayreement, 01apter 16C-50 and Florida Statutes. Such sum may be
subject to adjustment as imposed by State Appropriations pursuant
to law, the rules of Chapter 16C-50, F.A.C. and approval by the
Departnent.
The Department and the Grantee ayree that the estimated
costs of eli~ible items for the proposed project are as
specified in Article 3 of this Project Agreement and detailed in
the Attachment "A". The Department and the Grantee fully
understand and agree that there shall be no reimbursement of
;:'-:::ds by the DepartInent for any obligation or expenditure made
~cior to the execution of this Project Ayreement except for eli-
gible aquatic plant control expenditures incurred for the period
between October 1, 1982 and the date of execution of this
Aljreement and that all expenditures must be in accordance with
the provisions of this aSreement to be eligible for reimbursement.
Payment shall be made followiny receipt of tile cumulative
tvlonthly Recap of Expenditures (DNR form *50-026(16)), Quarterly
Activities (DNR form *50-029) and Quarterly Invoice (DNR form
if50-016 (16)) as detailed in Attachment- "A-4", by the Depart."'nent
applicable to this Project Ayreement or on other forms as may be
'apprOVed in advance by the Department's Project Manager. Costs
shall be reported in accordance with the provisions of the rules
of Chapter 16C-50, F.A.C. Invoices shall be certified by the
Grantee's Project .~ministrator and Project Financial Officer.
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Payment requests by the Grantee shall be made ~uarterly.
ARTICL.c; 6. Duration of Project Agre.~m~~t
In order to be eligible for reimbursement, any costs incurred
between October 1, 1982 and the date of complete execution of
this Project Agreement shall be subject to all provisions spe-
cified herein, as are all cost::; subsequent to the execution of
this Project Agreement.
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This ProJect Agreement will be amended at least
annually to reflect chan~es in the aquatic plant control work
plan, as detailed in the A.ttachmen.t "A-l", and legislative
appropriation chauyes.
ARTICLE 7. Termination of Project Agreement
ill Termination of Convenience
This Project Ayreement may be terminated by the Department
or by the Grantee at any time prior to fulfillment followin~
thirty (30) days written notice to the other party. The Grantee
shall be paid for services performed and/or costs incurred based
on that portion of the work that has been completed I as deter-
mined by the Department.
~ Termination of Cause
If, through any cause, the Grantee shall fail to fulfill in
a timely ~~ proper manner their obligations under the rules of
::hapter l6C-50, F.A.C. or if the Grantee shall violate any of the
covenants I agreement, or stipulations, the Department may cancel
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this Project Agreement by giving written notice to the Grantee of
such termination ~~ specifyiny the effective date ~~ereof. In
that event, any finished or unfinished reports, notes, or field'
data prepared by the Grantee shall inunediately be delivered to a
place designated by the Department and the Grantee shall be
enti tled to receive just and equitable compensation for any
satisfactory work or services completed.
This Project Agreement can be unilaterally cancelled by the
Department should the Grantee refuse to allow public access to
all documents, papers, letters, or other material made or
received in conjunction with the ProJect ~reement pursuant to
the provisions of Chapter 119, Florida Statutes.
The/Grantee shall not be relieved of liability to the
Department for dama~es sustained by tile Department by virtue of
any breach of the Project Agreement by the Grantee, and the
Department may withhold any payments to the Grantee for the pur-
pose of .recovery until such time as the exact amount is deter-
mined .
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ARTICL~ 8. Modification of I:roj~ct A9re~rllent
The rules of Chapter 16C-50, F.A.C., this contract and any
exhibit or attachment made thereto, represents the entire
agreements of th~ parties. Any alterations, variations, changes,
expanded scope, modifications, or waivers on provisions of this
Project A~reement shall only be valid when they have been sub-
mitted in writing, duly si~ned by all parties hereto and attached
to the ori~inal Project A~reement.
ARTICLE 9. Re~~nsibilities of the Department
The Department shall:
1. Provide ~uidance, assistance and coordination to the
extent necessary and feasible;
2. Provide for timely review of the Aquatic Plant Control
Work Plans and interim reports, and furnish comments, suggestions
or approval as appropriate.
3. Provide quarterly reimbursement of state aquatic plant
control funds, up to the maximum state funds allocation,' on the
basis of the percenta~e calculated as provided in the rules of
Chapter 16C-50, of the Grantee's cumulative total of reported
monthly expenditures.
ARTICLE 10. Disclaiwer of Liability
The Grantee hereby agrees Ito indemnify, defend, save and
hold harmless the Department from all claims, demands, lia-
bilities, and suits of any nature whatsoever arisin~ out of,
because of, or due to any act or occu~rence of omission or com-
mission of th~ Department or their agents, or employees to the
extent permitted by Florida law.
ARTICLE 11. Interest of the Grantee
The Grantee covenants that they presently have no interest
and shall not acquire any interest, direct or indirect 'N'hich
would c~nflict in any manner or de~re~ with the performance of
services required to be performed under this Project Agreement.
The Grantee further covenants that in the performance of this
Project Agreement no person havin':j any such interest shall be
employed .
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ARTICLE 12. Notices
(1) Any notices or other written communication from the
Grantee to the Department shall be considered delivered when
posted by certified mail or delivered in person to the Executive
Director of the Department, the Director's desiynated represen-
tatives, or the Project Manayer.
(2) Any notice or other necessary formal written com-
illunications from the Department to the Grantee shall be con-
sidered delivered when posted by certified mail or delivered in
person to the Grantee's 2rinciple investiyator(s) or appointed
representative.
ARTICLE 13. Personnel
(1) The Grantee shall acquire and maintain such insurance
as will protect them and the Department from claims under
Workm~n's Compensation Acts and from any other claims for pro-
pert.y damage and for personal injury, includinSl death, which may
arise from operations under this project A8reement whether such
operations are carried out by the Grantee directly or indirectly.
Specifically, the Grantee shall acquire and maintain the
following kinds of insurance: p~blic liability and/or contrac-
tual liability insurance.
(The insurance covera<:;e required shall
include those classifications as listed in Standard Liability
Insurance Manuals, which most nearly reflect the operations of
the Grantee). All insurance policies shall be issued by com-
panies authorized to do business under-the laws of the State of
Florida.
(2) The Grantee assures that the pr~ram supported by the
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grant will be conducted in compliance with Title VI of the Civil
Rights Act of 1964 (P.L. 88-352) as amended, (42 use 2000d) and
the requirements imposed by the regulations of the Department of
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Commerce (15 CFR Part 8) issued pursuant to that Title. In
accordance therewith no person in the United States shall, on the
~rounds of race, color, or national ori~in, be exdluded from par-
ticipation in, be denied the benefits of, or be otherwise sub-
jected to discrimination under any prosram or activity for which
the Grantee received public funds. This requirement shall apply,
but not be limited to, the followiny: employment, upgradin,:.1, demo-
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tion or transfer, recrui~~ent or compensation, and se~ection of
traininy, includiny apprenticeship. The Grantee shall comply
with Executive Order 11375 and as supplemented in Department of
Labor reyulations (41 CFR 60).
ARTICLE 14. Compliance with Laws.
The Grantee shall fully comply with all applicable laws,
ordinances, and codes of state, federal and local yovernments
which are applicable to the specific proJect in the area, to
include obtainment of required permits and/or licenses, required
for the performance o~ this contract is applied for in sood faith
and is refused, neither the Uepartmen.t nor the Grantee shall have
an obli':Jation.
The Grantee shall, at a minimum, comply with the monetary
limits for competitive acquisition of both materials and services
as required by' Chapter 287, Florida Statutes.
ARTICLE 15. State Government Involvement
The Grantee ayrees that the Department, or any of its duly
authorized representatives shall, until the expiration of three
years after completion of this Project Ayreement have access to
and the r.:i.y.ht. to E>Y~rnj l1te any directly pertinent books , documents,
papers, and records of the Grantee involving transactions related
to this Project A~reement. Followiny receipt of an audit report
iJentifyiny any reimbursement due the Department for non-
compliance with the Project Agreement, the Grantee will be
allowed a maximum of 60 days to submit any additional pertinent
documentation to offset the amount identified as being due the
jDepartment. The Grantee ayrees that payments made under this
Project Agreement shall be subject to reduction for amounts
charsed ~~ereto which are found on the basis of audit examination
not to constitute allowable costs under elis Project Agreement.
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The Grantee shall refund by check payable to the Uepartment the
amount of such reduction of payments. All required records shall
be maintained until an audit is completed and all questions
arising therefrom are resolved, or three (3) years after comple-
tion of .the project and submission of a final "Financial
Report", whichever occurs last.
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ARTICLE 16. Documents
(1) The Grantee shall submit to the Department all docu-
ments required by the rules of Chapter 16C-SO, F.A.C. within the
required time limits.
(2) The Resolution (DNR Form#50-012(16)) as detailed in
Attachment "A-3".
(3) The Aquatic Plant Control Work Plan will include a
listin~ of all equipment that is to be used. The rental rates
for this equipment will be those established by the Depart."'Uent as
set forth in the Attachment II A-5" . The rates provided shall not
exceed 50% of the Blue Book operating rate.
(4) All costs included' in the quarterly invoices submitted
by t~e Grantee shall be supported by ap~ropriate documents.
Financial records, supporting documentation, statistical and all
other records pertinent to this Project ~reement shall be
retained for a period of three years, except that such records
shall be retained until final resolution of matters resulting
from any l~tigation, claim, or audit that started prior to the
expiration of the three year retention period. The retention
period commences from the date of the submission of the final
expenditure report, or for annual renewable grants or contracts,
from the date of submission of the annual financial status
report.
(4) OwnerShip of Documents
All reports produced and other data sathered by the Grantee
for purposes of this Project Agreement shall become the mutual
Jproperty of the Department without restriction or limitation of
use, and shall be made available by the Grantee at any time upon
request of the Department.
Dissemination or publication of results of this Project
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Asreement in part or in whole is prohibited without express '~it-
ten permission from the Department. Such publication( s) shall
contain acknowledgements as provided below.
(S) Acknowled~ements
The cover, documentation, title or acknowledyement pa~es of
all reports, papers ~ other do~uments, whichever is appropriate
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dependinSl on publication formats, resul tins from contracts sup-
ported in whole or in part by this grant shall document the
financial and/or review assistance provided by the Department.
ARTICLE 17. Officials Not to Benefit
NO member of or delegate to the state lesislature, or r~si-
dent Conunissioner, shall be admitted to any share or part of t.his
9rant or to any benefit t.hat may arise therefrom.
ARTICLE 18. Workmanship and Materials.
All work pe~formed under this Project Agreement shall be the
best practice in the trade; all work shall be performed by com-
petent employees experienced and qualified to do the work spe-
cified, and that all work will be performed in accordance with
the b~st commercial practices and without unnecessary delays.
The Grantee shall have available suitable, modern equipment
necessary for the satisfactory execution of the Project
Agreement.
ARTICLe 19. Covenant Against Contingent Fees.
The Grantee warrants that no person, selling agency, or
other organization has been employed or retained to solicit or
secure this Project Ayreement upon an agreement or understandin:j
for a conunission, percentage, brokerage, or contin~ent fee. For
breach or violation of this warrant, the Department shall have
the right to annul this Project kjreement without liability, or
in its discretion to deduct from the compensation, or otherwise
to recover t.he full amount of such commission, percentage, bro-'
kerage, or contingent fee.
'ARTICLE 20. Assignability.
The Grantee shall not assign any interest in this Project
Ayreement and shall not transfer any interest in the same
(whether by assignment or novation), without the pr.ior written
consent of the Department as specified in the rules of Chapter
16C-50 F.A.C..
Services provided for a Grantee by a private or
independent contractor shall be evidenced by a formal agreement
or contract executed by all appropriate parties specifyin~ the
exact terms and conditions. Competit.ive bid specifications and
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actual bids received shall be maintained by the Grantee. The
selection and awarding of such contractual services by the
Grantee shall be subject to the Department's approval prior to
corrunencement of work under the contract. The Grantee may employ,
at its expense, consultants to assist in the performance of its
responsibilities under this Project Agreement subject to provi-
sions of ARTICLE 14.
.ARTICLE 22.
Incorpora tion Ex Reference..
All of the attached documents or exhibits are affixed
hereto and incorporated herein by reference.
IN WITNESS WHEREFORE, the parties have caused these pre-
sents to be executed
t--Y~ ~
WITNESS
the day and
year fir st above 11lentioned.
~ ~ "
BY ~ _.A" /J. ~
El t.on :~_'Gf:..ss ndanner
Executive Director
Florida Department of
Natural Resources
3900 Commonwealth Boulevard
Tallahassee, Florida 32303
BY ,~_ ~:-;;~
Art.orIiey :tor Depar___ ~Of
Nat~~_~"_~soU~,tJ
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i~'<l '\).~ ~
)
(SEAL)
y
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,
I J ). s,_ I,
(SEl}'c \pr N'OTARY)
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NQTA~Y PUBLIC.$~^TE pF FlORIOA
ry ~OMMISSIO~ ExprRES FEB. 23, 1986
BONDED THRU G~NER^l I"S. u~o.
:c.
Addres of Grarrtee
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