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8, Department of . /
Environmental Protection
Lawton Chiles
Governor
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Virginia ß, Wetherell
Secretary
October 28, 1994
Mr. Wayne Saunders
city Manager
City of Clermont
P.O. Box l202l9
Clermont, Florida
34712-0219
Dear Mr. Saunders:
Enclosed are two copies of Florida Department of Environmental
Protection Contract GWO65 for water service to the John's
Lake/Hancock Road area near Clermont.
Please have both copies of the amendment executed and return one
original to my attention (Mail station 3515) at the letterhead
address. Any proposed contractual changes should be directed to
Gwenn Godfrey at (904) 922-5942
If you have any questions please call me at (904) 488-3601.
sincerely,
~ ~ ßevdw-
Tim Banks, P.E.
Water Supply Program
Enclosures
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~ Department of . /
Environmental Protection
Lawton Chiles
Governor
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Virginia B, Wetherell
Secretary
October 28, 1994
Mr. Wayne Saunders
City Manager
City of Clermont
P.o. Box 1202l9
Clermont, Florida
34712-0219
Dear Mr. Saunders:
Enclosed are two copies of Florida Department of Environmental
Protection Contract GW065 for water service to the John's
Lake/Hancock Road area near Clermont.
Please have both copies of the amendment executed and return one
original to my attention (Mail station 35l5) at the letterhead
address. Any proposed contractual changes should be directed to
Gwenn Godfrey at (904) 922-5942
If you have any questions please call me at (904) 488-360l.
Sincerely,
~~ß~
Tim Banks, P.E.
Water Supply Program
Enclosures
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8
8
DEP Contract No. GW065
AGREEMENT
THIS AGREEMENT is entered into this ~ J day of n~, 19 !Ì.L,
between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred
to as the "Department") and the CITY OF CLERMONT, whose address is P.O. Box
120219, Clermont, Florida 34712-0219, (hereinafter referred to as the
"Contractor"), a governmental entity, to provide water line extension to
residences with contaminated wells.
In consideration of the mutual benefits to be
Department and Contractor do hereby agree as follows:
derived
herefrom,
the
1.
Under the authority of Section 376.307, Florida Statutes (F.S.), the
Department does hereby retain the Contractor to extend water service to
those residences listed in Attachment A, List of sites, attached hereto
and made a part hereof, that have been determined to meet the
requirements of Chapter 376, F.S. and 62-525, Florida Administrative
Code (F.A.C.). The Contractor does hereby agree to perform suçh
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 in a proper and satisfactory
manner as determined by the Department. Any and all equipment,
products or materials necessary to perform these services, or
requirements as further stated herein, shall be supplied by the
Contractor.
3.
The Contractor shall perform as an independent contractor and not as an
agent, representative, or employee of the Department.
4.
As consideration for the services rendered by the Contractor under the
terms of this Agreement, the Department shall pay the Contractor on a
combination fee schedule/cost reimbursement basis as outlined below.
For the actual water line extension, the CONTRACTOR shall be
compensated on a cost reimbursement basis up to a maximum of $219,520.
For the Meter Installation Fees, the CONTRACTOR shall be compensated on
a fee schedule basis in accordance with the rates listed below up to a
maximum of $60,480. Maximum compensation under this Agreement shall
not exceed $280,000. All bills for amounts due under this Agreement
shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof.
A.
The State Comptroller requires detailed supporting documentation
of all costs under a cost reimbursement contract. 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:
i.
Salaries/Waqes - The CONTRACTOR shall not be reimbursed for
direct salaries or multipliers (i.e., fringe benefits,
overhead, and/or general and administrative rates) for
CONTRACTOR's employees.
DEP Contract No. GWO65, Page 1 of 6
8
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ii.
Contractual (Subcontractors) Reimbursement requests for
payments to subcontractors must be substantiated by copies of
invoices with backup documentation identical to that required
from the prime contractor. Subcontracts which involve
payments for direct salaries shall clearly identify the
personnel involved, salary rate per hour, and hours/time
spent on the project. All multipliers used (i.e. fringe
benefits, overhead, and/or general and administrative rates)
shall be supported by audit. If the DEP determines that
multipliers charged by any subcontractor exceeded the rates
supported by audit, the CONTRACTOR shall be requi~ed to
reimburse such funds to the Department within 30 days of
written notification. Interest on the excessive charges
shall be calculated based on the prevailing rate used by the
State Board of Administration.
iii.
Travel - Travel expenses and per diem must be documented by a
State of Florida Travel Voucher with appropriate receipts.
Reimbursement will be made in accordance with Section
112.061, Florida Statutes.
iv.
Equipment (Capital outlay over $500 in value)
Reimbursement for the purchase of equipment is not authorized
under this contract.
v.
Rental/Lease of Equipment Include
receipts to document charges.
copies
invoices
or
of
vi.
Other Expenses e.g., Materials, supplies, phone,
reproduction, mailing, must be documented by itemizing and
including copies of receipts or invoices.
B.
For the fee schedule portion of this Agreement, the Contractor
shall invoice the Department at the rate of $1,120 per connection
up to a maximum of 54 connections.
C.
In the event that contamination is found at additional sites, the
Department reserves the right to amend this contract to increase
the scope of work and increase the compensation.
5.
This Agreement shall begin upon execution by both parties and end nine
(9) months from the effective date, inclusive.
6.
The Contractor shall submit monthly progress reports in conjunction
with invoices. Each report shall outline the work performed during the
reporting period, work scheduled for the next report period, problems
encountered and planned solutions. The first progress report shall
also include a construction schedule.
7.
The State of Florida I s performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the
Legislature.
8.
Pursuant to Florida Statutes, the Department's contract manager shall
have 5 days, unless otherwise specified herein, to inspect and approve
the services for payment; the Department must submit a request for
DEP Contract No. GWO65, Page 2 of 6
8
8
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 latter 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 Contractor 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 Contractor is experiencing problems
in obtaining payment (s) from a state of Florida agency. The Vendor
Ombudsman may be contacted at 904/488-2924 or 1-800-848-3792.
9.
In accordance with Section 215.422, Florida Statutes, the Department
shall pay the Contractor, interest at a rate of one (1) percent per
month, calculated on a daily basis 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 Contractor requests payment.
10.
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.
11.
This Agreement may be canceled by either party, with or without cause,
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 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:
Contractor
Department
City of Clermont
Attn: Wayne Saunders
P.o. Box 120219
Clermont, Florida 34712-0219
Florida Department of
Environmental Protection
Bureau of Drinking Water
and Ground Water Resources
Attn: Tim Banks
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
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 Contractor to allow public access to all documents,
paper~, letters, or other material subject to the provision of Chapter
119, Florida Statutes, and made or received by the Contractor in
conjunction with this Agreement.
14.
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.
DEP Contract No. GWO65, Page 3 of 6
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15.
The Department's Contract Manager is Tim Banks, Phone 904/488-3601.
The Contractor's Contract Manager is Wayne Saunders, Phone
904/394-4081. All matters shall be directed to the Contract Managers
for appropriate action or disposition.
16.
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 contract (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 Contractor's cost or
time shall require an appropriate adjustment and modification (formal
amendment) to this contract.
17.
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. 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 provision of this Agreement shall be
deemed to be substituted for this agency insofar as dealings with such
corporation are concerned.
The "Corporation identified"
DIVERSIFIED ENTERPRISES, INC.
is PRISON REHABILITATIVE INDUSTRIES AND
(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
18.
The Contractor warrants that he 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 he 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.
19.
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.
20.
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.
21.
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
DEP Contract No. GWO65, Page 4 of 6
8
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Department, the state, or their authorized representatives shall have
access to such records for audit purposes during the term of the
contract and for three years following contract 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.
22.
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.
23.
The Contractor 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.
24.
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.
25.
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.
26.
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.
27.
The Contractor shall be responsible for selecting any subcontractor(s)
through a competitive process equivalent to that described in Chapter
287, Florida Statues. 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.
28.
The Department hereby agrees that the Contractor may subcontract with
Springstead Engineering. The Contractor shall not sublet, assign, or
transfer any other work under this Agreement without the prior written
consent of the Department's contract manager. The Department reserves
the right to reject any subcontractor based upon prior experience. 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.
29.
The Contractor is authorized to purchase pipelines, valves and other
materials necessary for the extension of water service to the
residences listed in Attachment A. All such equipment installed by the
Contractor shall remain the property of the Contractor. The Contractor
is not authorized to purchase any other equipment costing $500 or more
without the prior written consent of the Department.
DEP Contract No. GWO65, Page 5 of 6
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30.
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.
IN WITNESS WHEREOF, the parties have caused this
executed, the day and year first above written.
Agreement
to
be duly
CI'l'Y OF CLERMONT
By,4/- ()~J
Titíe: ------
By:
ignee
FEID# 59-6000290
Approved as to form and legality:
List of attachments/exhibits included as part of this contract:
Specify
Type
Letter/
Number
Description (include number of pages)
Attachment
Attachment
A
B
List of Sites (1 Paqe)
Comptroller's Memorandum #10
DEP Contract No. GWO65, Page 6 of 6
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3500158
3500664
3500537
3500665
3500175
3500047
3500047
3500591
3500538
3500458
3500859
3500833
350022l
3500666
3500592
3500128
3500495
3500394
3500265
3500237
3500l39
3500452
3500231
3500395
3501283
3500217
3500386
3500390
3500791
3500589
3500453
3500366
3500367
3500590
3500902
3500379
3500025
3500137
3500309
3500l92
3500153
3500926
3500667
3500321
4800633
3500065
3500810
3500447
3500671
3501004
3500543
3500446
3500993
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ATTACHMENT A
8
JOHN'S LAKE/HANCOCK RD. NAMES AND ADDRESSES
Ronald Monk
Sara & R. Achor
Leo Drescher
Linda Sams
James O'Berry
Buddy Elmore 1
Buddy Elmore 2
Wilburn smith
Darlene & Larry Davis
Kathleen & Jose Pagan
John & Audrey Allen
Jerry Carelock
Mark Northcutt
Mary Kamen
Richard Lewis
William Langley
Linda Snapp
Melvin Moore
Charles Duke
Norman White
Norma Fox
Herbert & Carol Sullivan
Frank Wacker
Lauri Kangus
Rafael Lopez
Harold Spann
Myrtle Webb
Crawford Residence
Janet Skipper
Gail Boyd
Rufus & Mary Rhames
F. L. Solomon
Bruce Gordon
Russ McCracken
Nancy Coons
Sitar/Taratuta
Glen Byrd
Dal ton E. 'Long
Brett Workman
Robert Richenberg
Michael Maggard
Richard C. Gable
Don Schollenbarger
Vonnie Robertson
Hessberg Residence
Perry A. Gibson
Cross
James W. Crosby
Kenneth Stokes
Pam Bryan
Debbie Davis
Gordon F. Abercrombie
Mario Hernandez
14245
14324
14444
14520
l4549
l4600
l4600
14708
l47l0
l47l7
14745
14800
14810
14835
14916
15138
l5208
15311
15315
15333
l5400
15435
15505
15520
15543
15550
15743
l5823
l5845
15911
16015
l60l7
l6049
l6l0l
16410
12l03
12129
12303
12317
l2333
12345
12350
l2425
l2433
12437
12441
13701
14555
14741
l4910
l4825
l4711
12415
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
W. Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
John,s Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Johns Lake Road
Hancock Road
Hancock Road
Hancock Road
Hancock Road
Hancock Road
Hancock Road
Hancock Road
Hancock Road
Hancock Road
Hancock Road
Hancock Road
Hancock Road
Lost Lake Road
Lost Lake Road
Lost Lake Road
Lost Lake Road
Lost Lake Road
Friendship Road
DEP Contract No. GWO65, Attachment A, Page 1 of 1
8
OFFICE
ATTACHMENT B
8
CO~lPTROLLE1~
OF
STATE
OF FLORIDA
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DEPARTHEKT Ol~ IJAN1{!1>..G AXD rIKANCE
GERALD LEWIS
COIol~TRO\.L[R OF fLORIOA
TALLAHASSEE
32399-0350
December 18, 1991
COMPTROLLER'S MEMORANDUM NO. 10
(1991-1992)
SUBJECT:
CONTRACTUAL SERVICES - COST REIMBURSEMENT CONTRACTS
This memorandum is to provide clarification relative to the
documentation requirements for those contractual service contracts
which provide for payment on a cost reirnburs~ment basi~. In
general, cost reimbursement contracts require an it~mized
listing '(by category) of all expenditures claimed along v.'i th
supporting documentation for each amount for which reimbursement
is being claimed indicating that the item has been 'paid. Check
numbers may be furnished in lieu of copies of actual chA~k~.
Each piece of documentation should also clearly reflect the
dates of service. The types of àocumentation listed bel~H are
examples anã ~epresent the minimum requirements.
(1) Salaries: A payroll resister or similar documen~a~ion
should be submitted. The payroll register shnuld show g~oss
salary charges, fringe benefits, othe~ deductions ~nd net ?ay.
If an individual =or whom reimbursem~nt is being cl~imed is
paiã by the hour, a document re=lpcting ~he hours worked t~mes
the ra~e of pay will be accepta~le.
(~) F~in~e 3ene=i~s: F~ins~ bene=its s~oulã be suppo~ted
bv invoices showinc ~he amount ~~id on beh~lf of ~~c
:... 1 " ( ~,-~..- ,... -~:."",,- --~,.-:) J'..c
e",?_oyee e.g., -¡:s,-~.:lnce ?_e;".;.u..,::. :-""'~~' ," the con-.:::-ar.t
s?e=~f~cally s~ates th~~ =rinq~ benefits ~i~l be b~s~è on a
s~ecif~eè ?ercen~agc ra~he~ ~han ~he actual èos~ of =::-inqe
benefits, ~hen the calculation for ~he fringe bene~~ts a~ount
m"J.st be shovm.
(3) T::-ùvel: ~eimbu~~cment for t::-avel m"J.st ~e in
acc~rãanc~ ~]~t~ Sec~ion 112.061, F}o~~è~ S~a~u~es, w~i=h
includes submiss~on of the cl~im on ~he a~~roved S~ù~c
t~avel voucher. --
DEP Contract No. GWO65, Attachment B, Page 1 of 2
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--
(4) Other direct costs: Reimbursement will be made
based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include
a provision for the transfer of the property to the State when
services ar~ terminated. Documentation must be provided to
show compliance with Department of General Services Rule
13A-l.017, F.A.C., regarding the requirements for contracts
which include services and that provide for the
contractor to purchase tangible personal property as
defined in Section 273.02, Florida Statutes, for subsequent
transfer to the State.
(5) In-house charges: Charges which may be of an internal
nature (e.g., postage, copies, etc.) may be reimbursed
based on a usage log which shows the units times the rate
being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect
costs will be paid based on a specified rate, then the
calculation should be shown.
-
It should be noted that the documentation submitted with
each voucher will be evaluated indiviàually using the above
guidelines. Should you have questions or require :urther
clarification, please contact Cheri Greene at 488-4098, SUNCOM
278-4098.
Sincerely,
ð~
Jana I Walling, Director
Division of Accounting
and Auditing
v,w~
JIW:Mcs
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DEP Contract No. GWO65, Attachment B, Page 2 of 2