Fort Walton Beach Resolution — 2010-38 - grant funding for reuse water project — reading text

RESOLUTION 2010- 38 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE DEFENSE INFRASTRUCTURE GRANT PROGRAM FIELD FOR HURLBURT JOINT WATER REUSE, PHASE II; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT; AUTHORIZING THE ENGINEERING AND UTILITIES SERVICES DIRECTOR TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: The Florida Legislature, through Enterprise Florida Inc, provides funding to make infrastructure improvements needed to facilitate the base retention and reuse. The City is eligible to participate in this competitive grant program, and has applied for and been awarded up to $ 500, 000 for Hurlburt Field Joint Water Reuse, Phase II, with no City match required. Additional project funding is anticipated from the Florida Department of Environmental Protection' s Clean Water State Revolving Fund ( SRF) program. The City Council finds that it is in the best interests of the citizens of Fort Walton Beach to participate in the Defense Infrastructure Grant. Therefore, the City Council hereby authorizes the City Manager to execute the grant agreement and all necessary documents to complete grant- related purchases; the Engineering and Utilities Services Director to implement, supervise, and manage the initiative pursuant to City purchasing policies and procedures and Florida law; and a budget amendment to record the grant. Budget Amendment for Grant Funds: Revenue Expense 401- 5421- 334- 3502 $ 500, 000 401- 5421- 535- 6365 500, 000 This Resolution shall take effect immediately upon approval by the City Council. Adopted: & c/; uv i!;at,~ 11J 4- Mike Anderson, Mayor DISPOSITION Attest: Approved for form and legal sufficiency: I I Agreement #: DlG-H-B Amendment # 1: INFRASTRUCTURE GRANT AGREEMENT THIS DEFENSE INFRASTRUCTURE GRANT AGREEMENT ( together with any written amendment hereto that hereafter may be executed and delivered by the parties, this " Aareement") is made and entered into as of this .": j: JJt \ day of \\(".n)~ be(" 20lQ , by and between ENTERPRISE FLORIDA, INC., a Florida corporation not for profit (" EFI"), and City of Fort Walton Beach ( the G rantee"). WHEREAS, the Legislature of the State of Florida has appropriated funds to be used to help counties, cities, and local economic development councils make necessary infrastructure improvements needed to facilitate the base retention and reuse ( the " Grant Proaram"), and WHEREAS, the Executive Office of the Governor ( the " EOG") has selected the grant recipients Attachment D), and in partnership with the Governor' s Office of Tourism, Trade, and Economic Development of the State of Florida ("OTTED"), EFI has agreed to administer the Grant Program; and WHEREAS, the Grantee is an organization eligible to receive funding under the Grant Program; and WHEREAS, the parties desire to enter into this Agreement, whereby the Grantee shall be awarded grant funding under the Grant Program, as provided herein, for the purpose or project ( the Proiect") described in the application that the Grantee submitted to EFI for this purpose, a copy of which is attached hereto as Exhibit A (the " Grant Acclication"); NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTIONS 1- 3 remain unchanaed Section 4 is stricken and replaced with: 4. Initial Deliverables and Disbursement. Upon EFI' s receipt and approval of the initial deliverables consisting of the Schedule of Activities, pursuant to Paragraph 3. ang the CeFtifis3te of Insblrnnse, f3b1FSblant to Para€JFaf3h 18, EFI shall pay to the Grantee the initial disbursement in respect of the Funds an amount equal to One Hundred and Twenty Five Thousand dollars ($ 125, OOO). The initial disbursement may be made within 90 days of receipt of the initial deliverables. Section 5 remains unchanaed Section 6 is stricken and replaced with: 6. Invoice. With each Status Report, the Grantee shall deliver to EFI CiA a Compliance Certification Form - Invoice ( provided by EFI) that includes the following information ( each, an " Invoice"): a. the cumulative expenditures related to the Completed Scheduled Activities for which disbursement of the Funds is requested; b. the cumulative expenditures related to the Partially Completed Scheduled Activities for which disbursement of the Funds is requested; c. the cumulative expenditures related to Completed Unscheduled Activities for which disbursement of the Funds is req~ ested; d. any other unreimbursed expenditures related to Activities completed in prior Reporting Quarters or otherwise for which disbursement of the Funds is requested; and Page 1 of 6  e. detailed receipts or documentation for all expenditures. Section 7 is stricken and replaced with: 7. Disbursement of Funds. After receiving the Status Report and Invoico Compliance Certification Form Invoice and approval of the same, EFI shall disburse to the Grantee an amount equal to the cumulative amount of unreimbursed expenditures for Completed Scheduled Activities indicated therein, provided that EFI shall be required to disburse no more than the amount of anticipated expenditures related to each Completed Scheduled Activity indicated on the Schedule of Activities. Within EFI' s absolute discretion, EFI also may disburse to the Grantee an amount equal to or less than one or more of the following: a. the cumulative amount of unreimbursed expenditures for Partially Completed Activities indicated in the Invoice; b. the cumulative amount of unreimbursed expenditures for Completed Unscheduled Activity; or c. the amount of unreimbursed expenditures for Completed Scheduled Activities that exceeds the anticipated expenditures related thereto as indicated in the Schedule of Activities d. any other unreimbursed expenditures related to Activities completed in prior Reporting Quarters or otherwise related thereto as indicated in the Schedule of Activities. With each disbursement of Fund$, EFI shall deliver to the Grantee a statement indicating the amount of Funds disbursed in relation to items ( a) through ( d) above. With each disbursement of Funds, EFI shall deliver to the Grantee a statement indicating the amount of Funds disbursed in relation to the Completed Scheduled Activities, the Partially Completed Scheduled Activities, the Completed Unscheduled Activities, and any other Activities and purposes. Sections 8- 17 remain unchanaed. 18. Insurance. Grantee a€JFOes that prior to the sssef3tanse of /\ ttashment B, atatemeAt of '.^ Jork, it JiII pro'/ ige to EFI s certifisate of iFlsblranse, attacheg here as Attachment C (" lnsblraAse"), iAgisatin€J that the Gmntoe maintains all insblFaFlce cO~ JeFaJ€ e reC:tl:Jired by law ( includin€J, ' Nithoblt limitation, VJorkeFS' compensation insuFanca) and such other iAsura: nce as EFt reqblired. ablch insurance covars Rot only the activity of Grantee 9ut also acts and omissions of Gr-aAtee' s agonts, employees, ang Fef3reseRtati\( es. Grantee represents they have and will maintain during the term of this contract all insurance required by state, local and federal agencies. Section 19-37 remain unchanaed. Page 2 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. EFI" GRANTEE" CITY OF FORT WALTON BEACH A. Adams, Jr. Ar~ ident and CEO Title: ty ~ C;., Date No';It> Date N~ d.,,,, r 1I.2.:>, 0 Page 3 of 6  A; reement#: DIG- n- 13l INFRASTRUCTURE GRANT AGREEMENT THIS DEFENSE INFRASTRUCTURE GRANT AGREEMENT ( together with any written amendment hereto that hereafter may be executed and delivered by the parties, this " Aareement") is made and entered into as of this a~rd day of (\ l) lH2~" cc, 20lQ by and between ENTERPRISE FLORIDA, INC., a Florida corporation not for profit (" EFI"), and City of Fort Walton Beach ( the Grantee"). WHEREAS, the Legislature of the State of Florida has appropriated funds to be used to help counties, cities, and local economic development councils make necessary infrastructure improvements needed to facilitate the base retention and reuse ( the " Grant Proaram"), and WHEREAS, the Executive Office of the Governor ( the " EOG") has selected the grant recipients Attachment D), and in partnership with the Governor' s Office of Tourism, Trade, and Economic Development of the State of Florida (" OTTED"), EFI has agreed to administer the Grant Program; and WHEREAS, the Grantee is an organization eligible to receive funding