Fort Walton Beach Council agenda — 01-25-05 - regular — reading text

A. As consideration for the. services rendered by the Grantee unde! the terms of this Agreement, the 00 Department shall pay the Grantee on a cost reimbursement basis in an amount ~ot to exceed $ 8, 603. toward all eligi~le costs associated with the project as described in Attachment A. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment B, Grant PaymentM/ atch Request Form. In addition to Attachment B, the Grantee must provide from its accounting system, listing. of expenditures a charged against this Agreement The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number; amount paid, and vendor name. No travel Grantee shall submit a final invoice to expenses are authorized under the terms of this Agreement. The the Department no later than October 17, 2005, to assure the availability of funds for final payment. 240 (02/ 04) DEP 55- DEP Agreement No. LE577, Page 1 of7  C. In addition to the invoicing requirements contained in paragraph 4.B. above, the Department will periodically request proof of a transaction ( invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines ( including cost allocation guidelines), as appropriate. This information when requested must be provided within 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). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre- audit and post- audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State E~ enditures at www.dbf.state. f1. us/ aadir/reference euide and allowable costs for Federal Programs can be found under 48 CFR Part 31 at htqJ:// www.access. e;po. e:ov/naralcfr/ cft-table- search.html and OMB Circulars A- 87, A- 122, A-21; at httD:/Iwww. whitehouse. e:ov/ omb/ circulars1index.html#numericaL D. The Grantee shall obtain at least three written quotes for the purchase of goods or services costing more than $ 2, 500. Written quotes shall be for items that are alike in function, operation and purpose. An explanation will be required whenever the vendor with the lowest price is not selected. Copies of written quotes and explanation, if applicable, shall be submitted to the Department for approval prior to the commencement of work. The Department shall provide written authorization for the commencement of work after being satisfied that the vendor( s) selected are the most reasonable in terms of cost and project objectives. The Department shall make no reimbursement ftom grant funds until this documentation is provided. All procurement shall be in accordance with 43 CFR 12. 76. E. The parties hereto understand and agree that this Agreement requires a cost sharing or match in the form of cash or third party in-kind, on the part of the Grantee. The match expended by the Grantee shall be at least 25% of the total amount actually expended on the project. All cost sharing/match shall meet the federal requirements established in 48 CPR,Part 31 and OMB Circulars A-87, A- 122 and A-21. F. Allowable costs will be detennined 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. Or anization T e A licable Cost Princi les State, local or Indian tribal overnment. OMB Circular A-87 Private non-profit organization other than ( 1) an OMB Circular A- 122 institution of higher education, (2) hospital, or ( 3) organization named in OMB Circular A- 122 as not sub' ect to that circular. Education Institutions OMB Circular A-21 For-profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles and organization named in OMB A- 122 as not subject Procedures, uniform cost accounting standards or to that circular. that comply with cost principles acceptable to the federal a enc . 5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 6. The Grantee shall record and maintain pumpout information to be submitted to the Department on a quarterly basis on a form provided by the Department. This form can be accessed online at http:// www.dep. state. f1.usIlaw/ Grants/CVAlpumpouts. htm. Quarterly forms shall be submitted to the Department' s Grant Manager no later than 15 days following the last day of the reporting quarter beginning with the quarter during which the completion of the construction or installation of equipment occurred. It is hereby understood and agreed by the parties that the term " quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. 240 ( 02/ 04) DEP 55- DEP Agreement No. LE577, Page 2 of7 7. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained h~ ein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768. 28, Florida Statutes. 8. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty ( 30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason( s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty ( 30) calendar days written notice. C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. D. 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. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow ( that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. 1. The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancellable. 2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. 10. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance. with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit In the purposes during the term of this Agreement and for five years following Agreement completion. DEP 55-240 ( 02/ 04) DEP Agreement No. LES77, Page 3 of 7  event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record