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

the Department regarding the reasons) 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 maybe 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 I Oth 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. CM217, Page 4 at l l DEP 55 -236 ( 08 /11)  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. 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 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) of 2006. 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. USASOendimtgov. Grant Recipients awarded anew 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 REOUIREMENTS 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. CM210, Page 5 of l I DEP 55 -236 ( 08 /11)  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 milize 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: https:// apps.fldfs. com/ fsaa/documents/ nonstate. do . 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. CM217, Page 6 of I DEP 55- 236 (08/ 11) 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. 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