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

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 Project") 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: 1. Term. The term of this Agreement shall commence as of the date of this Agreement and shall continue until the Final Audit Report pursuant to Paragraph 10 is accepted by EFI. 2. Grant Funds. Pursuant to the terms of this Agreement, EFI shall pay to the Grantee from the GrantProgram an amount equal to the lesser of Five Hundred Thousand dollars ($ 500, 000) or the amount actually expended by the Grantee on the Project (in total or any part thereof, the " Funds"). In consideration of such grant, Grantee agrees as follows: a. The Funds shall be expended solely for the purpose of the Project and the accomplishment of the Activities, as provided by Paragraph 3, or for the reimbursement of the Grantee' s own funds theretofore expended for the same purpose. Unless specifically authorized in the Schedule of Activities, the Grantee shall not use the Funds for any of the following expenses: 1) salaries of Grantee' s employees; 2) travel or incidental costs; 3) lobbying the Legislature, the Courts, or any state agency of the State of Florida; 4) administration of the Project; or, 5) any activity inconsistent with Section 216 Florida Statutes, relating to fixed capital outlay. b. Any Funds not expended on the Project will be forfeited to the State of Florida. Page 1 of 12  c. Any expenditure in connection with the Project that exceeds the total amount of the Funds shall be the sole responsibility of the Grantee. Unless EFI otherwise agrees in its discretion, Grantee shall be required to complete the Project even if it must expend its own funds to do so. 3. Scope of Work. Within sixty ( 60) days after the date this Agreement is executed by both parties, the Grantee shall deliver to EFI a Schedule of Activities in which is described each activity to be performed by the Grantee under this Agreement ( individually, an " Activitv"; collectively, the " Activities"). These Activities shall support the purpose of this grant.: The purpose of this grant is " Hulburt Field Joint Water Reuse; Phase II." Upon EFl's receipt and approval of the schedule, the schedule will be attached hereto as Exhibit B ( the Schedule of Activities"). The Grantee shall perform and accomplish each Activity set forth in the Schedule of Activities on or before the respective due date of such Activity indicated therein. The Schedule of Activities at any time in effect may be revised from time to time in accordance with the following procedures: a. With each Status Report for the Project required by Paragraph 5 of this Agreement, the Grantee may deliver to EFI a proposed revised Schedule of Activities ( the " Procosed Schedule"). The Proposed Schedule shall include all Activities included in the current Schedule of Activities and any new Activities that the Grantee proposes to be completed following the date the Proposed Schedule is delivered. For each Activity included in the Proposed Schedule that already has been completed, the Proposed Schedule shall indicate the date of completion, the expenditures originally anticipated to be associated therewith as reflected in the current Schedule of Activities, and the total actual expenditures associated therewith for which reimbursement from the Funds was received or is to be requested. For each Activity included in the Proposed Schedule that has not yet been completed, the Proposed Schedule shall indicate the due date of such Activity and the anticipated expenditures associated therewith, for which reimbursement from the Funds was received or is to be requested. The Grantee' s delivery of a Proposed Schedule shall constitute a request by the Grantee that the Proposed Schedule be adopted by EFI in place of the current Schedule of Activities, pursuant to Paragraph 3( b) below. b. Within thirty ( 30) days after receiving any such Proposed Schedule, EFI shall notify the Grantee of its decision, in EFI' s absolute discretion, either to adopt the Proposed Schedule or not to adopt the Proposed Schedule. If in its absolute discretion EFI adopts the Proposed Schedule as submitted by the Grantee, it shall notify the Grantee in writing of its decision and from the date of such notice the Proposed Schedule shall become the Schedule of Activities under this Agreement and shall be attached to this Agreement as a REVISED Schedule of Activities. If in its absolute discretion EFI elects not to adopt the Proposed Schedule, or if EFI fails to give Grantee written notice within such thirty ( 30) day period, the current Schedule of Activities shall continue to be the Schedule of Activities. c. The Schedule of Activities and any Proposed Schedule may incorporate by reference the Activities indicated on a work plan, schedule, or other document prepared by the Grantee or any other person or entity, provided that it contains the information required by this Paragraph 3. d. The state expects no more that a three year execution term; grantees will have three years from the date of the contract execution to complete their project. Contract term extensions will be evaluated on a case by case basis. 4. Initial Deliverables and Disbursement. Upon EFl's receipt and approval of the initial deliverables consisting pursuant to Paragraph 3, and the Certificate of of the Schedule of Activities, Insurance, pursuant to Paragraph 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. Page 2 of 12 5. Status ReDort. Until completion of the Project, the Grantee shall deliver to EFI quarterly project status reports ( each, a " Status Recort") as follows: a. Grantee shall deliver a Status Report to EFI on or before the tenth ( 10th) day following the last day of each Reporting Quarter during the term of this Agreement. As used in this Agreement, a Recortina Quarter" shall mean a quarter of the Fiscal Year that begins on June 1 with the first quarter ending on August 31. Report schedule is: Status Re March 10 June 10 Se tember 10 Decem ber 10 If the 10th is not a business day, the report is due the next business day. b. Each Status Report shall outline the Grantee' s progress in completion of the Project during the Reporting Quarter for which the Status Report is delivered. Including the format provided by EFI for sections ( 1) - ( 6), it shall specifically include the following information: 1) A list of the Activities indicated in the Schedule of Activities to be completed during the Reporting Quarter and that actually were completed during the Reporting Quarter (" Comcleted Scheduled Activities"). For each Completed Scheduled Activity, the Status Report shall indicate the date of completion and the actual expenditures in relation thereto for which disbursement of Funds is requested. Attached to the Status Report, and clearly labeled, shall be evidence that each Completed Scheduled Activity was completed as indicated in the Status Report, which evidence may include copies of reports, statements, photographs, or any other appropriate documentation; 2) A list of the Activities indicated in the Schedule of Activities to be completed during the Reporting Quarter for which progress toward completion was made but that were not completed during the Reporting Quarter (" Partiallv Comcleted Scheduled Activities"). For each Partially Completed Scheduled Activity, the Status Report shall indicate as a percentage the Grantee' s progress in completion and shall describe briefly the reasons why the activity was not completed. The Status Report also shall indicate the actual expenditures in relation to each Partially Completed Scheduled Activity for which disbursement of Funds is requested. Attached to the Status Report, and clearly labeled, shall be evidence of the Grantee' s progress in completion of the Partially Completed Scheduled Activity, which evidence may include copies of reports, statements, photographs, or any other appropriate documentation; 3) A list of Activities indicated in the Schedule of Activities to be completed during the Reporting Quarter for which no progress was made toward completion during the Reporting Quarter Incomclete Scheduled Activities"). For each Incomplete Scheduled Activity, the Project Status Report shall briefly describe the reasons why no progress was made toward completion of such Activity during the Reporting Quarter; 4) A list of Activities completed during the Reporting Quarter that were not indicated in the Schedule of Activities to be completed during the Reporting Quarter (" Comcleted Unscheduled Activities").For each Completed Unscheduled Activity, the Status Report shall indicate the date of completion and the actual expenditures in relation thereto for which disbursement of Funds is requested. Attached to the Status Report, and clearly labeled, shall be evidence that each Completed Unscheduled Activity was completed, which evidence may include copies of reports, statements, photographs, or any other appropriate documentation; Page 3 of 12  5) A summary of the Grantee' s actual expenditures related to the Project during the Reporting Quarter, and for which disbursement of Funds has been received or is to be requested, compared to the anticipated expenditures for the Reporting Quarter as indicated in the Schedule of Activities; 6) A summary of the Grantee' s actual expenditures related to the Project since the date of this Agreement, and for which disbursement of Funds has been received or is to be requested, compared to the anticipated expenditures since the date of this Agreement as indicated in the Schedule of Activities; 7) To the extent the same is material, a summary and explanation of any unanticipated changes among the contractors, subcontractors, and other participants involved in the Project; and 8) A summary and explanation of any other material changes that may affect the outcome or commercial potential of the Project. 9) A report on the use of Women and Minority Vendors as described in Section 25. 6. Invoice. With each Status Report, the Grantee shall deliver to EFI an invoice that includes the