Fort Walton Beach Council agenda — 09-04-12 regular — reading text

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 -profit 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 Applicable to Research and Development Under Grants and Contracts with Hospitals G. 1. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by- program or a project -by-project basis. Funds specifically budgeted and/ or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non -compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date( s) the original payment( s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source( s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date( s) the payment( s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. H. 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. If expressly authorized such Grantee costs incurred during suspension or after termination are only allowable if necessary and not reasonably avoidable, and are allowable only if both of the following apply: The costs result from obligations which were properly incurred by the Grantee before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are non -cancelable; and DEP Agreement No. CM234, Page 3 of 11 DEP 55 -236 ( 08/11)  s10018 COI uo1su84x3; uawaaa6t/; ueJO d343 6 60 IoO o; Alnp; uaweaiBe; uea6 qng :1uaw143el}y ea et '; 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. 4. REPORTS The Grantee shall submit a Progress Report Form, attached hereto and incorporated herein as Attachment B on a quarterly basis. Quarterly reports shall be submitted to the Department' s Grant Manager no later than ten ( 10) days following the completion of the quarterly reporting period. The term " quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. In addition to the final quarterly progress report, the Grantee shall submit a Final Project Report Form, attached hereto and made a part hereof as Attachment D. A draft shall be submitted electronically to the Department' s Grant Manager for approval. After approval by the Florida Coastal Management Program (FCMP), a hard copy and an electronic copy of the Final Project Report shall be submitted to the Department' s Grant Manager. Final payment will be held until receipt and approval of the Final Project Report. 5. INDEMNIFICATION/LIMITS OF LIABILITY Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768. 28, F. S. 6. DEFAULT/ TERMINATION A. This Agreement shall be executed within ninety (90) days from NOAA approval unless mutually waived by the Department and the Grantee. Failure of timely execution of this Agreement by the Grantee may result in these funds being reallocated to other FCMP needs. B. 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 inquire with the Department regarding the reason(s) for termination. C. The Department may terminate this Agreement if the work described herein has not commenced within sixty (60) calendar days of the date of execution of 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 inquire with the Department regarding the reason(s) for termination. D. The Department may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. E. Records made or received in conjunction with this Agreement are public records. Such records may also be subject to the Freedom of Information Act. 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 Chapter 119, F.S. F. The Department will decline reimbursement to the Grantee for services provided under the terms of this Agreement if the Grantee does not submit payment requests and quarterly reports in accordance with the provisions of paragraphs 3 and 4 of this Agreement. Quarterly Progress Reports received by the Department after the 10th calendar day following the completion of any quarterly reporting period will be considered late -filed and render Grantee in default under the terms of this Agreement. G. If the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits, the Grantee shall be ineligible to be considered for funding under the Coastal Partnership Initiative (CPI) DEP Agreement No. CM234, Page 4 of 11 DEP 55 -236 ( 08/ 11) s100Ja col uoisu84x3 luauaaGJBV luea0 d3a3 : 6460 130 of AInp luawaaa6e luej6 qnS : luauayael; d program for two (2) consecutive funding cycles. The Department shall notify the Grantee of ineligibility within thirty (30) days of the grant end date. REMEDIES 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. Request refund of previously disbursed payments. D. Wholly or partly suspend or terminate this Agreement. E. Withhold further awards for the project or program. F. Take other remedies that may be legally available. G. Propose Grantee for Debarment and Suspension in accordance with Executive Orders 12549 and 12689. RECORD KEEPING /AUDIT 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. NOAA, the Department, the State of Florida, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years