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

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 requested; d. any other unreimbursed expenditures related to Activities completed in prior Reporting Quarters or otherwise for which disbursement of the Funds is requested; and e. detailed receipts or documentation for all expenditures. 7. Disbursement of Funds. After receiving the Status Report and 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 EFl'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 Funds, EFI shall deliver to the Grantee a statement indicating the amount of Funds disbursed in relation to items ( a) through ( d) above. Page 4 of 12 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. 8. Final Disbursement Notwithstanding anything herein to the contrary, EFI shall release final Grant Funds of Two Thousand dollars ($ 2, 000) or Ten percent ( 10%) whichever is less upon EFl's receipt and acceptance of the Final Report required by Paragraph 9. The acceptance of final payment, and delivery of the Final Audit Report required in Paragraph 10, under this Agreement, or the acceptance of final payment upon early termination hereof, shall constitute full and complete release of EFI by the Grantee from any and all claims, demands, and courses of action whatsoever. 9. Final Proiect ReDort Grantee shall submit a Final Project Report within forty-five ( 45) days following Grantee' s completion of the Activities or termination of the grant agreement. Final disbursement shall be made only after EFI has approved the Final Project Report, which shall include the following information: a. a certification that the Project, including all of the Activities, has been completed in compliance with the terms and conditions of this Agreement; b. a certification that the Project meets state and local construction standards, as applicable; c. the total amount of Funds received from EFI pursuant to this Agreement; d. the total amount of funds received from other sources in relation to the Project; e. the total amount of Project expenditures paid or reimbursed from the Funds; and f. an explanation of any material changes in circumstances that may affect the outcome or commercial potential of the Project. 10. Final Audit ReDort. Within forty-five ( 45) days following the completion of all of the Activities or termination of the grant agreement, the Grantee shall cause there to be prepared at the Grantee' s expense and delivered to EFI a final audit report of an independent certified public accountant ( or a firm thereof) licensed to practice in the State of Florida, stating the professional opinion that the Grantee has complied with this Agreement ( the " Final Audit Recort"). In lieu of providing the Final Audit Report in such manner, if the Grantee has an annual audit by an independent certified public accountant ( or a firm thereof) licensed to practice in the State of Florida, or if the Grantee has a state single audit or state project-specific audit pursuant to Section 215. 97, Florida Statutes 2009 ( the " Sinale Audit Act"), prepared for the fiscal year in which this Agreement concludes, the Grantee may provide to EFI at the time when such audit is completed ( at any rate, within 120 days following the end of such fiscal year of the Grantee) a report stating the professional opinion that the Grantee has complied with this Agreement. 11. Accountina Records. The Grantee shall retain and maintain all records and make such records available for an audit as may be requested. Records shall include independent auditor working papers, books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Agreement. The records shall be subject at all times to inspection, review, or audit by state personnel of the Office of Tourism, Trade and Economic Development, Office of the Auditor General, Chief Financial Officer, Office of the Chief Inspector General, or other personnel authorized by EFI and copies of the records shall be delivered to EFI upon request.. a. Contractor agrees to comply with the audit requirements of Section 215.97, Florida Statutes, Page 5 of 12 and those found in Exhibit E. b. Expenditures of State funds in accordance with this agreement shall be in compliance with laws rules, regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures found at httc:/Iwww Jldfs .com/ aad ir/ reference qU ide/ reference qU ide. htm . c. This agreement may be charged only with allowable costs resulting from obligations incurred during the term of the agreement. Any balance of unobligated cash that has been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the EFI 12. Florida Sinale Audit Act. The Grantee acknowledges that, by entering this Agreement, it is a subrecipient" within the meaning of the Florida Single Audit Act, and it is subject to the provisions thereof, as well as the rules of the Executive Office of the Governor of the State of Florida, the Comptroller of the State of Florida, and the Auditor General of the State of Florida related thereto. For that reason: a. the Grantee shall allow EFI, OTTED, the Comptroller, the Offices of the Chief Inspector General, and the Auditor General access to the Grantee' s records and the Grantee' s independent auditor' s working papers as necessary to comply with the requirements of the Florida Single Audit Act; b. the Grantee shall notify EFI if it becomes subject to a state single audit or project-specific audit pursuant to the Florida Single Audit Act; and c. the Grantee shall comply with the other requirements of the Florida Single Audit Act including providing to EFI a copy of every fiscal year audit conducted during the term of this Agreement. d. Grantee is subject to the requirements under Catalog of State Financial Assistance CFSA) number 31. 003per the Enterprise Florida, Inc. CSFA number. For information regarding the Florida Single Audit Act, including the CSFA, Grantee should access httcs:/IacsJldfs. com/ fsaa . 13. Public Access to Records. The Grantee acknowledges that EFI is subject to the provisions of Chapter 119, Florida Statutes relating to public records and that reports, invoices, and other documents the Grantee shall submit to EFI under this Agreement may constitute public records for the purpose of the Florida Statutes. The Grantee shall cooperate with EFI regarding EFl's efforts to comply with the requirements of Chapter 119, Florida Statutes 14. Records Retention. The Grantee shall retain all grant records and shall ensure the retention of its independent auditor' s working papers for a period of five ( 5) years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the five ( 5) year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the five ( 5) years period, whichever is later. 15. Grant Application. The Grantee represents and warrants that the information set forth in the Grant Application, attached here as Exhibit A, is true, correct, and complete in all material aspects. 16. Future Maintenance. Grantee agrees to be responsible for future maintenance expenses and other expenses associated with the Project, if any, after the conclusion of this Agreement, unless and until future maintenance is transferred to another entity. 17. Coordination. When reasonable, the Grantee shall coordinate with other components of the state and local development systems of the State of Florida and avoid duplication of existing state and local services and activities provided in Florida. Page 6 of 12 18. Insurance. Grantee agrees that prior to the acceptance of Attachment 8, Statement of Work; it will provide to EFI a certificate of insurance, attached here as Attachment C (" Insurance"), indicating that the Grantee maintains all insurance coverage required by law ( including, without limitation, workers' compensation insurance) and such other insurance as EFI required. Such insurance covers not only the activity of Grantee but also acts and omissions of Grantee' s agents, employees, and representatives. 19. Securitv Interest. To the extent required by Section 287. 05805, Florida Statutes, if any part of the Funds shall be used for the purchase or improvement of real property, the Grantee shall grant to the State of Florida a security interest in the property at least equal to the amount of the Funds, such security interest to continue at least five ( 5) years from the date of purchase or improvement. No separate instrument shall be required in order for the Grantee to grant such security interest to the State of Florida. 20. Promotional Materials. Advertisements, signs, and other promotional materials funded by this Agreement shall include reference and credit to EFI and OTTED. 21. Indeoendent Contractor. The Grantee is acting as an independent contractor and not as EFl's employee in the performance of this Agreement. The Grantee acknowledges that EFI is not responsible for withholding and filing national or