Okaloosa County BOCC — August 6, 2013 — reading text

manner, and In accordance wHh the provisions herein, and all applicable laws. 2.20 Pursuant to F,d,,.I, SIIU, and Local Law: In the event that any elecllOn, referendum, approval. permit, nolice, or other proceeding or authorization II requisite under applicable law to enable the Agency to entar Into thll Agreemenl or to undertake the project hereunder, or 10 observe, assume or carry out any 01 the provisions 01 the Agreement, the Agency willlnillate and consummate, al provided by law, all actions n_liary wHh respect to any .uch matters 10 requllite. 2,30 Fund. of thl Agency: The Agency shall initiate and proeecute to completion all proceedings n_IIary including laderal aid requirements to enable the Agency to provide the necessary funds lor completion 01 the project. 2.40 8ubml •• lon of Proceeding., Contracts and Other Document.: The Agency shaH subm~ to the Department such dele, reports, recordl, contracts and other documents relating to the project as the Department may require as listed In Exhi~ "C. attached hereto and by this reference made a part hereol. 3.00 Project COlt The total estimated cost of the project Is $ See ExhibM B . This amount Is based upon the estimate summarized In Exhibit "B" attached hereto and by this referenca made a part hereol thle Agreement. The Agency agrees to bear all e"PInsea In exe... 01 the total estimated cost of the project and any delic~s Inwlved. 4.00 Department Participation: The Department agrees to maximum participation, Including contingencies, In the project In the MlOUnt of $ See ExhIbH 8 as detailed In ExhiM "8", or in an amount equal to the percentage(a) 01 total COlI shown In exhibit ''8'', whichever Is less. 4.10 Project COlt Ellgtblllty : Project costs eligible for State participation wi l be allowed only from Ihe effective date 01 this agre.nent. It Is underslood that State participation In eligible project costa Is subject to: (a) Leglslalive approval 01 the Department's appropriation request In the adopted woll< program year that the project Is scheduled to be convnitted; (b) Availablfity of funds as stated In Section 17.00 01 this Agreement; (c) Approval of a\l plana, specifications, contracts or other Obligating document. and all other tarma of this Agreement: (d) Department approval of the project scope and budget (ExhlbHs A & 8) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding 0 ia ® Is not applicable. II applicable, the Department may initially pay 100% of the total allowable Incurred project COlts up to an amount equal to ns total share of participation as shown In paragraph 4.00. 5.00 R-rnage: Retainage 0 Is ® Is not applicable. If applicable, percent of the OeparlmenrslOtal share of participation as shown in paragraph 4.00 is to be held in retainage to be di8burwd, at the Oepartmenr. discretion, on or before the completion of the ftnal project audl. Packet Pg. 173  ,..- PUSUC TfWfIPORTAnoN '.00 Project Bud",t Ind Payment Provisions: """ '-llaol'4 6.10 Th. Project Bud"..: A proJect budget shall be prepared by the Agency and approved by the Department. The Agency .hall maintain aalel budget. carry out the project and .hlllincor obligations againet and make dlsburaaments of projed funds only In conformity w~h the latest approved budget for the project. No budget InClllase or decrease shag be effectMo unle.. Hcompiles wHh fund participalion requirements estabNshed In Section 4.00 of this Agreement end 18 approved by the Department Comptroller. 6.20 Payment Provision" Unless otherwise allowed undar Section 4.20. payment will begin In the year the project or project phaaa Is scheduled In the work program as of the date of the agreement. Payment will be mada for actual coats Incurred 81 olthe date the invoice is submitted wMh the finel payment due upon receipt of a flnal invoice. 7.00 Accountln" Records: 7.10 Establishment Ind Mllntenlnce of Accounting Records: The Agency shall establish for the project. in contonnHy with requirements established bY Department's program guidelines/procedures and "Principles for State and Local Govemments", ..parale accounts to be maintained wHhln HI existing accounting system or establish independant accounts. Such accounts are referred to herein collectively ae the "project accounf'. Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years attar final payment is made. 7.20 Funds R.ce ..... d Or MIdt AVltlabt, for 11Ie Project: The Agency shell appropriately nscord in the project account, and deposn In a bank or trust company which Is a member of the Federal Deposit Insurance Corporation, all payments received by Rfrom the Department pursuant to thle Agreement and an other funds prollided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require deposttorie. of project funds to secure conUnuously end fully all project funds In excess of the amounts Insured under federat plans, or undar State plana which haw been approved for the dsposH of project funds by the Department, by the deposH or sening aside of collateral of the types and In the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costa Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs In exC8IS of the latest approved budget or attributable to action. which haw not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project CoslI: All costs charged to the project, including any approved servlcea contributed by tile Agency or others, shall be eupported by properly executed payrolls, time records, Involcea, contracts, or vouchers evittsndng In proper detail the nature and propriety of the charges. 7.50 Checks, Ontena, and Vouchena: Any check or order drawn by the Agency with respect to any hem which i. or Will be chergeable against the project account will be drawn only In accordance with a properly signed voucher then on file in the offICe of the Agency atatlng In proper detail the purpose for which such check or order Is drawn. An checks, payrolls, Invoices, contracts, vouchers, onters, or other accounting documents pertaining In whole or In pert to the project shall be dearly ldentlfled, readily accessible, and, 10 the extant teaslble, kept separate and epart from al other such documents. 7.SO Audit Raporta: In addition \0 the requirements below, the Agency agrees to comply and cooperate wHh any monitoring procedurealproceasea deemed appropriate by the Department, Including but not limited \0 lite viala and Nmlted scope audHa. The Agency further agrees to comply and cooperate wHh any inspection., reviews, IlMI8Iigatlons, or audb deemed . . -...ry bY the 5tate Comptroller or Audttor General. The Agency shall retain sufficient recorda demonatnating He compliance with tile \erma of thle Agreement for a period of three yeers from the data the audit report Ie ISlUed, and shen allOw the Department 8CC8S8 to such recorda end working papers upon requeat. The following requirement. do not Nm~ the authorHy of the Department to conduct or arrange tor the conduct of addRlonal eud" or avaluationa of state financial8lliatance or IimH the authority of any elate agency Inapecl« general, the AudR« General, or any other llate offICial. this _nee The Agency shel comply wHh aH audH and audit reporting requirements aa speeif'''''' In Exhibit "0" anached hereto and by made a part hereof this Ag_n!. Packet Pg. 174 , , no-.. P\J8UCTRANSp()R'JAlK)N "111 P1Q114a114 7.81 Monltoflng: In addHlon to reviews olaudlls conduded In accordance With OMB Ci'cular A·133 and Section . 215.97, Florida SIaIutes, (sae "Audits" below), monitoring procedural may .,elude, but not be IImked to, on.Ha vlsn, by Oepartment stall, lim_ad scope audita as defined by OMB Circular A-133, ancllor othar procedures. The Agency aOl1les to com~ and cooperate fully With any monltortng proceduraslprocesses deemed appropriate by the Department. In the event the Department determinas that a lim"ed scope aud" of the Agency i, appropriate, the Agency agrees to comply wHh any addHlOnallnstructlons provided by the Depertment staff to the Agency regarding such audH. The Agency further agreel to comply and cooperate with any Inspecllonl, reviews, Invaatlgations, or audHa deemed necessary by FDOrs Office 01 Inspector General (OIG)and Florida's Chiel Financial Officer (CFO) or Auditor General. 7.12 Audita: Part I Federally Funded: II the Agency Is a state, local govemment, or non-profit organizetlon. a. defined In OMB Circular A-133 and a recipient of federal funds, the following annual audH crnena will apply: 1. In the event that the recipient expends $500,000 or more In Federalewards in lis fiacal year, the recipient mull have a single or program-speclfic aud" conducted In accordance with the provisions of OMB Circular A-133, a. revised. Elchlblt -0" to thl. agreement Indicates Federalr8lOurce. awarded through the Department by this agreement. In . determining the Federat awards expended in ita fiscal year, the recipient shall consider alioources 01 Federal_rdl, Including Federal resources received from the Department. The determination 01 anaunts of Federal awards 8)(pended should be In accord.noe wHh the guidelines establlahed by OMB Circular A-133, al revised. An aud" ollhe recipient conducted by Ihe AudKor General in eccordsnce with the provisions OMB Circular A·133, as revised, will meet the requirements of this part. 2. In connection w"h lhe aud" requiremente addreased In Part I, Paragraph i., the raciplent shall fulftll the requiremenla relative to aud"ee reaponsiblHties a8 provided In Subpart C of OMB Circular A-133. 3. If the reciplenl expendsleaa than Ihe amount in Part I, Paragraph i ., an aud" conducted In accordance with the provisions 01 OMB Circular A-133, is not required. lithe recipient eiects 10 conduct such an aud", tha colli 01 the aud" must be paid from raaourcea