Fort Walton Beach Council agenda — 10-25-11 regular — reading text

federal financial assistance from the National Oceanic and Atmospheric Administration ( NOAA); and, WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in the performance of its activities pursuant to this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: TERMS OF AGREEMENT A. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein, which are attached hereto and made a pan hereof. For purposes of this Agreement, the terms Contract" and " Agreement" and the terms " Grantee" and " Recipient" are used interchangeably. B. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. - C. The State of Florida' s performance and obligation an pay under this Agreement is contingent upon an annual appropriation by the Legislature. Additionally, the State of Florida' s performance and obligation to pay under this Agreement is contingent upon receipt of funding from NOAA. The parties hereto understand that this Agreement is not a commitment of future appropriations. D. The Grantee acknowledges that receipt of this grant does not imply that the project qualifies for any applicable state permit or approval. PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and end no later than June30, 2012, inclusive. No work may commence and no funds may be expended on this Section 306A funded project until the Florida Coastal Management Program ( FCMP) and NOAA have approved the Section 306A checklist. Projects funded with Section 306A funds must comply with Section 306A of the Coastal Zone Management Act, available at trap' / comtalmanagement / nosy eov /about/ c ma html#section306a>. FUNDING /CONSIDERATION A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $ 60,000 for all eligible project costs, upon the completion, submittal and approval of the deliverables identified in Attachment A. The parties hereto understand and agree that this Agreement requires DEP Agreement No. CM217, Page 1 of 11 DEP 55- 2%( 08/ 11)  luerD Buipue-I s400ig sldaooV 4E- LLOZ : 4644) [ 4 uolsinaa] ltlaWaaJBV lueaeJ d30d : luawgoellV a N0 a Y a cost sharing or match on the part of the Grantee in the amount of $60, 000 in cash, in -kind, or third party in -kind, towards the work funded under this Agreement. The final payment will not be am processed until the match requirement has been met. All rest sharing/match shall meet the federal requirements established in 48 CFA Part 31, 15 CFR Part 14- 23, 15 CFR 24. 24 and OMB Circulars A -87 ( 2 CFR 225), A -122 ( 2 CFR 230) and A -21 ( 2 CFR 220). B. Prior written approval from the Department' s Grant Manager shall be required for changes within approved task budget categories of up to 10 % of the total FCMP task budget amount. The Department Grant Manager will transmit a copy of the written approval and revised budget to the Department Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10 % ofthe total FCMP task budget will require a formal change order to the Agreement Changes that transfer fiords from one task to another or that increase or decrease the total funding amount will require a formal amendment to the Agreement. C. The Grantee shall submit a properly completed Attachment C, Payment Request Summary Form, upon the completion, submittal, and acceptance by the Department, of each deliverable identified in Attachment A. In addition to the Payment Request Form, the Grantee must provide a completed Exhibit I, Schedule of Expenditures; Exhibit 11, Schedule of Match; copies of canceled checks; copies of invoices and a completed Attachment B, Quarterly Progress Report, for the period up to the completion of the deliverable. All bills fm amounts due under this Agreement shall be submitted in derail sufficient for a proper pre- audit and post -audit thereof. All requests for reimbursement of travel expenses shall be in accordance with Section 112.061, Florida Statutes hereinafter " F. S. "). Failure to provide Attachment B shall result in a delay in processing the payment until such time as the appropriate information is provided to the Department. Each payment request submitted shall document all matching funds and/ or match efforts ( i. e. in -kind services) provided during the period covered by each request. A final payment request most be submitted to the Department no later than July10, 2012, to assure the availability of funds for payment. The final payment will not be processed until the match requirement has been met.) Failure to comply with these reporting requirements will result in non -payment or termination of this Agreement. To be eligible for reimbursement, costs must be in accordance with the requirements of 15 CFR Parts 14 and 24, as applicable. D. In addition to the invoicing requirements contained in paragraphs 4. A, and C, the Deportment will periodically request, as it deems appropriate in its sole discretion, proof of a transaction ( invoice, payroll register, or similar item) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines ( including cost allocation guidelines). This information, when requested, most be provided within thirty ( 30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers ( overhead indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http: / w / ww. fldfs.com/wdir /reference %SFzuide; allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at htto : /www.access.eoo / .goy /nara(cfr/cfr-mble- s= ch.html and OMB Circulars A -87 ( 2 CFR 225), A -122 ( 2 CFR 230), A -21 ( 2 CFR 220); and administrative requirements can be found in OMB Circulars A -102 and A -110 ( 2 CFR 215) at htmY w / ww whitehouse eov/ omb /ctrculars/ index.html#numcrical. E. Only project deliverable costs incurred during the grant period identified in paragraph 2 of this Agreement, as shown by project invoices, are eligible for reimbursement. In order to be reimbursed, costs under this Agreement must be obligated and all work completed by the Grantee by the end of the grant period identified in paragraph 2. Ten percent ( 10 %) of the funds eligible for reimbursement under this Agreement may be withheld pending receipt and approval of all work products and deliverables as identified in Attachment A. F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. DEP Agreement No. CM217, Page 2 of tl DEP 55 -236 ( 08111)  lueaO 6uipue-1 s>looaB SidOOOy K-1 l )Z : 4641) [ l uoisiAaa] luaw90a6V lueaO d3Gd : luawgnegy ari a( 0 6 Yu am Organization Type Applicable Cost Principles State, local or Indian tribal government. OMB Circular A -87 2 CFR 225 Private non -profit organization other than ( 1) an OMB Circular A -122 ( 2 CFR 230) institution of higher education, ( 2) hospital, or ( 3) organization named in OMB Circular A -122 as not subject to that circular. Education Institutions OMB Circular A -21 2 CFR 220 For p - rofit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles organization named in OMB A -122 as not subject to and Procedures, or uniform cost accounting that circular. standards that comply with cost principles acceptable to the federal agency. Hospital 45 CFR Subtitle A - Appendix E to Part 74- Principles for Determining Costs