Fort Walton Beach Resolution — 2008-27-FDEP Eglin Stormwater Grant — reading text

the requisition. is in compliance with the contract documents; and identifYing all additions or deletions to the Project which have altered the Projectsperfonnance standards, scope, or purpose since the issue of the Department construction"permit. 4) Such other certificates or docum.ents by engineers, attorneys, acooun1ants, contractors, or suppliers as may reasonabJy; .be required by the Department c. In addition to tho invoicing requirements contained in paragraph 3. B. above. the Department will the periodically request ploof of a transaction ( invoice, payroll register. etc.) to evaluate State and Federal guidelines ( including cost appropriaten~ of costs to the Agreement pursuant to allocatiOn riate. This in~ on when requested must be provided widtin guidelines), as approp, thirty ( 30) caJendar days of such request. The Grantee may also be required to submit a cost allocation plan to. the Department in support of ita multipliers ( overhead, indire~ general administrative costs. and fringe benefits). AD bills for amounts due ooder this Agreement shalt be submitted in detail sufficient for a proper pre-audit and thereof. o post.audit D. State guidelines for allowable costs can be found in the Department of. Financia1 Services' Reference Guide for State Expenditures at httD://www.fldfs.comlaadjrlreferenceO/oSF2Uide. 4. The State of Floridas' performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties h~ o understand that this Agreement is not a commitment of future appropriations. S. Progress Reports ( Attachment C) shall be submitted describing the work perfonned, probl~ en~ ered. problem resolution, schedule updates and proposed work for the next reporting period. Progress reports shall be submitted along with the Disbursement Request Package, described in paragraph 3. 8. If advance payment is authorized,the Grantee shaU report (and document as required under paragraph 3 above and on AttaduDeat E)the amoUDt of fUnds expended during the reporting period, the Agreement the expenditures to date, interest earned during the quaner and clearly indicate the method for repayment of interest to the Department ( see paragraph 16). It is understood. and agreed by the parties that the term reporting perioc:r reflectS the period of time for which the invoices submitted in the Disbursement Request Package are covered. The Department's Grant Manager shall have ten (l0) calendar days to review deliverables submitted by the Orantee. 6. Each party hereto agrees that it shall be solely responsible for the' negligent or wrongful acts of its its employees and agents. However, nothing contained herein shall constitute a waiver by either party of sovereign immunity or the provisions of Section 768.28, Florida Statutes. . 7. A. The Department may terminate this Agreement at any time in d1c event of the failure of the Grantee to fulfill any of its obligations under this Agreement Prior to the Department tflDination. o DEP Agreement No. LP8921, Page 2 of6 I 0'"  shan provide thirty ( 30) calendar days written notice of its intent to tenninate and shan provide the Grantee an opportunity to consult with the Department regarding the reason( s) for tennination. to B. The Department may tenninate this Agreement for convenience by providing the Grantee with thirty ( 30) calendar days written notice. 8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24( a) of Article I of the State Constitution and Section 119. 07( 1), Florida Statutes. . 9. A. . The Grantee shall comply with the applicable provisions contained in Attachment D ( Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment D summarizes the funding sources supporting the Agreement for purposed of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department' s Grant Manager identified in this Agreement to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance ( federal and/or state) identified in Attacrunent D, Exhibit 1 when making its detennination. For federal financial assistance, the SJrantee shall use the guidance provided under OMB Circular A- 133, Subpart B, Section _, 210 for detennining whether the relationship represents that of a subrecipient or vendor. For state fmancial assistance, the Grantee shall use the fonn entitled " Checklist for Nonstate Organizations RecipientlSubrecipient vs Vendor Detennination" ( fonn number DFS- A2-NS) that can be found under the " Links/Fonns" section appearing at the following website: http:// apDs. fldfs. comlfsaa The Grantee should confer with its chief financial officer, audit director, or contact the Department for assistance with questions pertaining to the applicability of these requirements. 10. The Grantee may subcontract, assign, or transfer any work under this Agreement without the written consent of the Department' s Grant Manager. The Grantee shall submit a copy of the subcontract upon the request of the Department' s Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 11. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned finDs that could be offered subcontracting opportunities may be obtained by contacting the Florida Department of Management Services, Office of Supplier Diversity, at 850/ 487- 0915. 12. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 0 DEP Agreement No. LP8921, Page 3 of 6  M.__.....~~ 13. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing Q services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The Grantee applicable further agrees to incJude this provision in all subcontracts issued as a result of this Agreement. 14. The Department' s Grant Manager for this Agreement is identified below. Tommy Williams Bureau of Water Facilities Funding Florida Department of Environmental P~ otection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399- 2400 Phone: 850- 245- 8358 Fax: 850- 245- 8411 Email: tbomas. e. williams@dep. state. n. us 15. The Grantee' s Grant Manager for this Agreement is identified below. Sam Wilson City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach, Florida 32549 Phone: 850- 833- 9932 Fax: 850- 833- 9690 Email: swilson@fwb. org 16. In accordance with Section 216. 181( 16)( b), Florida Statutes, the Department, upon written request from C) the Grantee and written approval from the State' s Chief Financial Officer, if applicable, may provide an advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest income to the Department, within thirty ( 30) days of each calendar quarter, or apply said