Fort Walton Beach Resolution — 2011-34--brooks landing waterfront revitalization grant — reading text

Agreement shall be submitted in detail 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 Stamtes hereinafter " F. SY). 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 must be submitted to the Department no later than duly10, 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 Department 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, must 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: //www .fldfs. com / dir/ reference %SFguide; allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at hav: //www. access. gpo. gov /nara/ cfr /cfr- table- search. html and OMB Circulars A -87 ( 2 CFR225), 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 http: //www. whitehouse. gov/ omb/ circulws/ index.html# numerical. 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 I I DEP 55 -236 ( 08 /11)  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 -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. 2. 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. 1 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. CM217, Page 3 of 11 DEP 55 -236 ( 08/ 11)  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