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

following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each 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 retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five (5) years following final disposition. D. The federal funds awarded under this Agreement must comply with The Federal Funding Accountability and Transparency Act (FFATA) of2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards ( federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www. USAS e nding.goy. Grant Recipients awarded a new Federal grant greater than or equal to 25, 000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Department to comply with this requirement. 9. SPECIAL AUDIT REQUIREMENTS A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E ( Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of DEP Agreement No. CM234, Page 5 of 11 DEP 55 -236 ( 08/ 11) smooie col u0isualx3; uauaaaaBV lueaD d3ad 6660 loo of Ainp luawaaa6e luej6 qns quawtloelly Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment that 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 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 Attachment E, Exhibit 1 when making its determination. For Federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A -133, Subpart B, Section _. 210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled " Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" ( form #DFS- A2 -NS), accessible at: hMs ://apps. fldfs. com /fsaa/ documents /nonstate. doc. 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. C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment F, attached hereto and made a part hereof, within four 4) months following the end of the Grantee' s fiscal year. Attachment F should be submitted to the Department' s Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399 -3000. The Grants Development and Review Manager is available to answer any questions at ( 850) 245 -2361. 10. SUBCONTRACTS A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to comply with the procurement requirements contained in 15 CFR 24. 36 and 15 CFR 14. 44, as applicable. The payment terms of subcontracts other than construction and the purchase of commodities) shall comply with the terms of this Agreement ( for example, if payment under this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The Grantee shall submit a copy of the executed subcontract to the Department' s Grant Manager within ten ( 10) days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract 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. B. 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 firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at ( 850) 487 -0915. 11. LOBBYING PROHIBITION A. In accordance with Section 216.347, F.S., 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. B. Pursuant to the terms and conditions of the Federal award supporting this Agreement, no funds used for the payment of membership dues to any entity are to be used by that entity to engage in lobbying activities, as provided in OMB Circulars No. A -87 ( 2 CFR 225), A -21( 2 CFR 220), A- 122 ( 2 CFR 230), A -102 and A -110 ( 2 CFR 215) and other relevant law and regulation. DEP Agreement No. CM234, Page 6 of 11 DEP 55 -236 ( 08/ 11)  s )100a8 a01 u01sua4x3 1uauaaaa6y lueaO d3U:J 666 6) loo of Alnp woweaaBe lueaB qns :luauryoel;b etl. 12. CONTACTS A. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. B. The Department' s Grant Manager (who may also be referred to as the Department' s Project Manager) for this Agreement is identified below. Domecia Allen, Operations & Management Consultant I Department of Environmental Protection Florida Coastal Management Program 3900 Commonwealth Boulevard, Mail Station #47 Tallahassee, Florida 32399 -3000 Telephone No.: ( 850) 245 -2161 Fax No.: ( 850) 245 -2189 E -mail Address: Domecia.Allen@dep. state.fl.us C. The Grantee' s Grant Manager ( which may also be referred to as the Grantee' s Project Manager or Point of Contact) for this Agreement is identified below. Michael Beedie City of Fort Walton Beach 105 Miracle Strip Parkway SW Fort Walton Beach, Florida 32548 Telephone No.: ( 850) 833 -9503 Fax No.: ( 850) 833 -9640 E -mail Address: mbeedie n,fwb.org D. The Grantee' s Fiscal Agent for this Agreement is identified below. Brandy Wunker City of Fort Walton Beach 105 Miracle Strip Parkway SW Fort Walton Beach, Florida 32548 Telephone No.: ( 850) 833 -9513 Fax No.: ( 850) 833 -9640 E -mail Address: bwunker@fwb.org 13. INSURANCE A. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of the Grantee' s employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self insurance - program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of the Grantee' s employees not otherwise protected. B. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 14. CONFLICT OF INTEREST The Grantee covenants that it presently has