BIG Program

Sample Cooperative Agreement

The following Sample Cooperative Agreement is included here solely as an example of the agreement that grant recipients enter into with ODNR Division of Watercraft. The Cooperative Agreement is subject to change.

This Agreement made and entered into this ______ day of _________, 20___, by and between the State of Ohio, acting by and through the Chief of the Division of Watercraft, with the consent and approval of the Director of the Department of Natural Resources, pursuant to Section 1547.72 of the Ohio Revised Code, hereinafter referred to as the "State"; and __________________________(MARINA NAME) hereinafter referred to as the "Cooperating Agency," the address of which is _______________________ , for the purpose of ___________________________________(PROJECT DESCRIPTION) (as described in Attachment A), hereinafter referred to as the "Project."

WITNESSETH THAT:

WHEREAS, the Project will promote use of the natural resources of the State of Ohio by members of the general public; and

WHEREAS, Federal Boating Infrastructure Grant funds in the amount of __________ for paying the State's share of construction cost for the Project have been approved by the U.S. Fish & Wildlife Service. Obligations of the State are subject to the provisions of Section 126.07 of the Ohio Revised Code.

NOW THEREFORE, it is mutually agreed by the State and the Cooperating Agency that the following are the provisions and stipulations which govern the Project:

1. The Cooperating Agency, his/her agents, representative subcontractors or independent contractors shall perform this project in accordance with the project description in Attachment A which is hereby incorporated by reference as if fully set forth herein. No deletions or additions to the approved cost estimates and project description shall be allowed without approval of the State.
2. The Cooperating Agency shall secure completion of the Project in accordance with locally approved plans and specifications, and shall ensure compliance with all applicable federal, state, and local laws and regulations.
3. The Cooperating Agency is responsible for obtaining all federal, state and local permits and licenses that may be required for this Project.
4. The total estimated cost of the project is ______________________, which includes all construction and purchasing costs. The State agrees to pay a maximum of ___ percent of the actual project costs or ____________________, whichever is the lesser, and the Cooperating Agency agrees to pay the remainder. In no event shall the State's share of the Project cost exceed __________________. State’s share may be adjusted in accordance provisions in Paragraph 12(B).
5. The State will encumber funds to cover the State's share of the Project cost for work to be performed under this Agreement.
6. The Cooperating Agency shall submit documentation of paid invoices for reimbursement by the state. Beginning with the second invoice, each invoice submitted by the Cooperating Agency shall be accompanied by an accounting of all Project costs, to date. The accounting shall show the amount authorized by the State, and the amount paid, to date, by the State. The Cooperating Agency shall retain all pertinent records relating to the Project for a period not less than three (3) years and the State shall have access to said records at all times.
7. The Project plans, specifications, and the cost estimate shall be submitted by the Cooperating Agency to the State for approval prior to the start of any construction, based on the following schedule:

   SUBMITTAL	SCHEDULE
   Preliminary design drawings and conceptual cost estimate.	...Within sixty (60) days of the consultant's contract approval.
   Construction drawings, specifications, bid documents, final cost estimates	...When construction drawings are 90% complete.

   Two (2) copies of all submittals shall be sent to the following address:
   Ohio Department of Natural Resources
   Division of Watercraft
   2045 Morse Road Building A-2
   Columbus, Ohio 43229-6693

8. Upon notice to the Cooperating Agency that they have permission to proceed with the project, monthly progress reports will be sent to the State advising the status of the project, and what is yet to be done.
9. Upon completion of the Project, the Cooperating Agency shall notify the State in writing, so that a final review of the Project can be performed. Inspection of the project site may also include employees of the U.S. Fish & Wildlife Service. If deficiencies in the work are noted during this review, the State shall provide to the Cooperating Agency a list of remedial work items to be performed prior to acceptance of the Project. The Cooperating Agency shall notify the State once all remedial work is completed; however, the State shall retain the right to re-examine the Project to assure compliance with all listed remedial work items. The Cooperating Agency hereby grants to the State, the U.S. Fish & Wildlife Service, and its authorized representatives a right to enter upon the project area with all materials and equipment necessary and convenient for inspection and monitoring purposes.
10. The State will withhold 10% of each reimbursement request as final payment until full accounting is received which will include the final site inspection, completion of any punch list items, and recording of this grant agreement at the County Recorders Office in the county where the project is constructed.
11. The Cooperating Agency agrees to place on or near the project a decal/sign showing funding from the U.S. Fish & Wildlife Service, as provided by the State. In addition, signs acknowledging the ODNR Division of Watercraft may also be required.
12. 1. The Cooperating Agency may charge reasonable fees based on the prevailing rate in the area for use of the transient facility in accordance with the guidelines of the U.S. Fish & Wildlife Service and the State. Any fees charged or shall be offered equally, not discriminate against any user group on the basis of residence or membership system. The fee schedule shall be submitted by the Cooperating Agency to the State for approval prior to initial implementation, or anytime a change in the fee schedule is anticipated over the life of the project noted in paragraph 16 below. All fees so charged will be used to defray operation and maintenance costs of the Project. The Cooperating Agency shall establish an account for the deposit of such use fees and the disbursement of funds there from. The Cooperating Agency shall maintain this account for the life of the project noted in paragraph 16 below. The State reserves the right to audit this account.
    2. Any fees collected by the Cooperating Agency are subject to the provisions of 43 CFR 12.65 “Program Income.” The State will notify the Cooperating Agency by letter of the date when the Cooperating Agency is authorized to collect fees approved in Paragraph 12 (A). Fees collected by the Cooperating Agency prior to the date authorized by the State will be deducted from any reimbursement request submitted to the State by the Cooperating Agency. The amount of fees deducted will be the same percentage as the amount reimbursed in Paragraph 4 , or ___ percent of the amount collected by the Cooperating Agency.
13. The Cooperating Agency certifies that neither it nor its employees are public employees of the State under federal and state law for tax, retirement deduction, and Workers' Compensation purposes and that the Cooperating Agency carries Workers' Compensation coverage.
14. The Cooperating Agency agrees to comply with all applicable state and federal laws regarding drug-free workplace.
15. The Cooperating Agency hereby agrees to hold harmless and indemnify the State for any and all claims and liability for personal injury, including death, or property damage made by third parties against the Cooperating Agency or the State arising from or connected with work performed under this agreement by the Cooperating Agency provided that any liability, claim or obligation, in law or in equity, directly between the Division, the State, and the Cooperating Agency, shall be determined in accordance with applicable Ohio law. It is understood and agreed that on and after the date of this agreement, the Cooperating Agency will not bring, commence, prosecute, maintain, or cause to be brought, commenced, prosecuted or maintained, any suit or action in any court in the United States or in any state thereof or elsewhere against the Division or State for any damage or injuries to the Cooperating Agencies property or personal injury, including death, arising out of or connected in anyway with the design, construction, or maintenance on the above described property. Provided, however, that the Cooperating Agency assumes no liability for any action or suit brought by any party against the Division or State or Landowner for any damages allegedly caused by or resulting from the work performed by the Division or the State.
16. The project shall be open for use to the public at all times during normal operating hours. Upon completion of the Project, the Cooperating Agency agrees to operate and maintain the facilities, and to prohibit uses of the facilities that conflict with its intended purpose as outlined in 50 CFR Part 86 for a period of not less than twenty (20) years from the date of this agreement. The Cooperating Agency will make ample provisions each year for maintenance. The State assumes no responsibility to operate or maintain the Project.
17. If the Cooperating Agency does not comply with all terms of this Agreement, the Agreement shall be void and the Cooperating Agency shall return all State funds from the Boating Infrastructure Grant program that have been expended as part of this Agreement within ninety (90) days of said termination.
18. The Agreement period for construction and reimbursement is the remainder of the current fiscal biennium for the State of Ohio. Work shall commence upon entering into the agreement and shall terminate at midnight on June 30, 20__, unless the contract is terminated sooner or renewed as herein provided.
19. At the option of the State of Ohio, the contract may be renewed under the same terms and conditions for the biennium beginning July 1, 20__, and ending June 30, 20__. Any purchase orders issued against the contract, or any renewal thereto, shall not be valid unless the Director of OBM shall first certify, under Section 126.07 of the Revised Code, that there is a balance in the user agency's appropriation not already obligated to pay existing obligations.
20. The Cooperating Agency and his or her spouse affirms that they have not made, as an individual, within the past two calendar years, one or more contributions totaling in excess of $1000.00 to the Governor or his election committees, consistent with the restrictions of Section 3517.13 of the Revised Code.
21. The Cooperating Agency agrees and shall require all of his/her agents, representatives, subcontractors, or independent contractors to agree that they shall fully comply with the Provisions of the Copeland "Anti-Kickback Act" (18 USC 874) as supplemented in the Department of Labor Relations (29 CFR Part 3).
22. The Cooperating Agency agrees:
    1. That in the hiring of employees for the performance of work under the contract or any subcontract that any contractor or subcontractor shall not, by reason of race, creed, color, religion, sex, age, handicap, national origin, or ancestry discriminate against any citizen of this state in the employment of any person qualified and available to perform the work to which the contract relates;
    2. That no contractor, subcontractor, or any person acting on behalf of any contractor or subcontractor shall in any manner discriminate against, intimidate, or retaliate against employee hired for the performance of work under the contract on account of race, creed, color, religion, sex, age, handicap, national origin, or ancestry.
23. The Cooperating Agency agrees to comply with all provisions of the Americans with Disabilities Act and agrees to assume full responsibility for non-compliance therewith.
24. The Cooperating Agency affirmatively represents and warrants to the State that it is not subject to a finding for recovery under R.C. 9.24, or that it has taken appropriate remedial steps required under R.C. 9.24 or otherwise qualifies under that section. The Cooperating Agency agrees that if this representation and warranty is deemed to be false, the Contract shall be void ab initio as between the parties to this contract, and any funds paid by State hereunder shall be immediately repaid to the State, or an action for recovery may be immediately commenced by the State for recovery of said funds.

IN WITNESS WHEREOF, the State of Ohio, Department of Natural Resources and the Cooperating Agency, have caused this Agreement to be executed by their respective officers duly authorized as of the first above written date.

ATTACHMENT A

(Attachment A is a description of the scope of the project. The Cooperating Agency will provide Attachment A.)