Clean Vessel Act (CVA) Grant

Sample Cooperative Agreement

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), the address of which is _______________________________(Address, City, State Zip) to ________________________________________________(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 Clean Vessel Act Funds in the amount of $______________ (_____________________dollars) for paying three-fourths of the State's share of the costs for the Project have been received from 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 _________ (Marina) that the following are the provisions and stipulations which govern the Project:

1. __________________(Marina), 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. __________________(Marina) 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. __________________(Marina) is responsible for obtaining all federal, state and local permits and licenses that may be required for this Project.
4. The agreement period for construction and reimbursement of the project is the remainder of the current fiscal biennium. Work shall commence immediately upon entering into a contract and shall terminate at midnight on June 30, 200?, unless the agreement is terminated sooner or renewed as herein provided. In order for the State to provide a timely reimbursement, ______________(Marina) agrees to complete the project on or before _________________(Date).

   At the option of the State, this agreement may be renewed by letter under the same terms and conditions for the biennium beginning July 1, 200? and ending no later than ____________________(Date). 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.

5. The total estimated cost of the project is Total Cost of $______________(Project Amount) (_________________________________dollars), which includes engineering, permits, construction and purchasing costs. The State agrees to pay a maximum of One Hundred percent of the actual project costs or $_______________(Project Amount) (__________________dollars), whichever is the lesser, and ________________________(Marina) agrees to pay the remainder. In no event shall the State's share of the Project cost exceed $______________(Project Amount). The State may not be invoiced for any work performed prior to the execution of this Agreement or for any work performed after the project completion date established in item four (4). All invoices 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. ________________________(Marina) shall submit a final reimbursement to the State no later than ________________(Date) to assure the availability of funds for final payment.
6. The State will encumber funds to cover the State's share of the Project cost for work to be performed under this Agreement.
7. ________________________(Marina) shall submit documentation of paid invoices for reimbursement by the state. Beginning with the second invoice, each invoice submitted by ________________________(Marina) 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. ________________________(Marina) 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.
8. Upon completion of the Project, ________________________(Marina) shall notify the State and the Ohio Department of Health 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 or Ohio Department of Health shall provide to ________________________(Marina) a list of remedial work items to be performed prior to acceptance of the Project. ________________________(Marina) 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. ________________________(Marina) hereby grants to the State 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.
9. The State will withhold 10% of each reimbursement request as final payment until full accounting is received which will include the final site inspection by the State and the Ohio Department of Health and completion of any punch list items.
10. ________________________(Marina) agrees to place on or near the project a decal showing funding from the Sport Fish Restoration Program, and a decal showing funding from the Ohio Department of Natural Resources, Division of Watercraft, Waterway Safety Fund, as provided by the State.
11. ________________________(Marina) will not charge fees for use of pumpout or dump stations in excess of $5.00, or the maximum allowable amount under the Clean Vessel Act guidelines, without specific written permission. A written request to waive the $5.00 fee must be submitted to the State detailing additional cost or circumstances that justify an increase in fee charged. Any fees charged shall be offered equally and not discriminate against any user group on the basis of residence, preferential fees, reservations, membership system, or allocation of spaces. All fees so charged will be used to defray operation and maintenance costs of the Project.

    ________________________(Marina) shall establish an account for the deposit of such use fees and the disbursement of funds therefrom. The State reserves the right to audit this account.

    As an option to charging a direct fee for use of the facilities, ________________________(Marina) may incorporate pumpout charges into seasonal or transient dock rental costs. This option is encouraged in order to maximize the use of facilities.

12. ________________________(Marina) 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 ________________________(Marina) carries Workers' Compensation coverage.
13. ________________________(Marina) agrees to comply with all applicable state and federal laws regarding drug-free workplace.
14. ________________________(Marina) 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 ________________________(Marina) or the State arising from or connected with work performed under this agreement by the ________________________(Marina) provided that any liability, claim or obligation, in law or in equity, directly between the Division, the State, and ________________________(Marina), shall be determined in accordance with applicable Ohio law.

    It is understood and agreed that on and after the date of this agreement, ________________________(Marina) 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 ________________________(Marina) 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 ________________________(Marina) 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 of the State.

    ________________________(Marina) agrees to be responsible for the fulfillment of all work elements included in any subcontract ________________________(Marina) engages and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by ________________________(Marina) that the State shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that ________________________(Marina) shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.

15. The project shall be open for use to the public at all times during normal operating hours. Upon completion of the Project, ________________________(Marina) agrees to operate and maintain the facilities for a period of not less than ten (10) years, or such other period mutually agreed to in writing by both parties, and will make ample provisions each year for maintenance. The State assumes no responsibility to operate or maintain the Project.
16. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party. In case of termination by ________________________(Marina), only amounts accrued to the date of cancellation shall be due and payable with the cancellation notice. In case of termination by the State, ________________________(Marina) shall be responsible for refunding Clean Vessel Act funds within ninety (90) days of termination. The State shall have the right to terminate this Agreement and demand refund of Clean Vessel Act Funds for non-compliance with the terms and conditions of this Agreement or reasons identified by law.
17. ________________________(Marina) and his or her spouse affirms that they have not made, as an individual, within the past two calender 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.
18. ________________________(Marina) 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).
19. ________________________(Marina) 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.
20. ________________________(Marina) agrees to comply with all provisions of the Americans with Disabilities Act and agrees to assume full responsibility for non-compliance therewith.

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

ATTACHMENT A: A description of the scope of the project.