Okaloosa County BOCC — February 26, 2015 — Agenda Packet — reading text

FWC, and the Grantee shall be as follows: A. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. B. The FWC shall be responsible for the oversight, review and approval of all work performed under this Agreement. Upon the performance of satisfactory services by the Grantee, as approved by the FWC and DEP, the Grantee shall submit invoices to DEP through FWC. The FWC shall submit satisfactory invoices to DEP to compensate the Grantee for approved work. C. The DEP shall be responsible for processing satisfactory invoices, as approved by the FWC and DEP, for payment. 2. This Agreement shall begin upon execution by all parties and remain in effect for a period of four (4) years, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration of this Agreement. 3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the DEP shall pay the Grantee on a cost reimbursement basis. For the period of service commencing upon execution of this Agreement and ending twelve (12) months from Agreement execution, the Grantee shall be compensated on a cost reimbursement basis up to a maximum of $xxxxx. Based upon the availability of funding and satisfactory performance by the Grantee, funding for each additional authorized period of service shall be added to this Agreement, upon receipt and approval of a budget and grant work plan from the Grantee, by formal amendment. The Grantee shall DEP Agreement No. _____, Page 1 of 16 Packet Pg. 28  1.d.a DEP Agreement No. _____ FWC Agreement No. _____ Attachment: I.d. FWC Turtle Lighting Grant (3886 : FWC/FDEP Turtle Friendly Lighting Retrofit Grant (Jim Trifilio)) not perform, and shall not be compensated for, any services beyond the service period outlined above unless and until this Agreement is amended to provide funding beyond that date. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of the deliverables identified in Attachment A. Reimbursement shall be requested in accordance with the schedule in Attachment A. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the FWC no later than sixty (60) days following the completion date of the Agreement, to assure the availability of funds for payment. C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment B, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows: i. Salaries/Wages - List personnel involved and salary rates, in accordance with those listed in Attachment A, and hours/time spent on individual project tasks as defined in Attachment A. ii. Fringe and Overhead Costs –All multipliers used (i.e. fringe benefits and overhead) shall be supported by audit. If the FWC or DEP determine that multipliers charged by the Grantee exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the DEP within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Fringe Benefits - Shall be calculated at the rate of 33.7% of Salaries, if any. iii. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the FWC or DEP determine that multipliers charged by any subcontractors exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the DEP within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Additionally, independent of the Grantee’s contract obligations to the subcontractor, the DEP shall not reimburse any of the following types of charges: cell phone usage, attorneys’ fees, civil or administrative penalties, and handling fees, such as set percent overages associated with purchasing supplies or equipment. For fixed price (vendor) subcontracts, the following provisions shall apply: a. In accordance with paragraph 11 below regarding advance approval from FWC and DEP, the Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the FWC and DEP for fixed price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. b. The Grantee may request approval from the FWC and DEP to award a fixed price subcontract resulting from procurement methods other than those identified in the DEP Agreement No. _____, Page 2 of 16 Packet Pg. 29  1.d.a DEP Agreement No. _____ FWC Agreement No. _____ Attachment: I.d. FWC Turtle Lighting Grant (3886 : FWC/FDEP Turtle Friendly Lighting Retrofit Grant (Jim Trifilio)) paragraph above. In this instance, the Grantee shall request the advance written approval from the FWC and DEP Grant Managers of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the FWC and DEP approval of the fixed price amount, the Grantee may proceed in finalizing the fixed price subcontract. c. All subcontracts are subject to the provisions of paragraph 10 regarding audit requirements and any other appropriate provisions of this Agreement which affect subcontracting activities. iv. Travel – Reimbursement for travel expenses is not authorized under this Agreement. v. Equipment – (Capital outlay costing $1,000 or more) – Reimbursement for the purchase of equipment is authorized under this Agreement. vi. Other Expenses - e.g., Materials, supplies, phone, reproduction, mailing, must be documented by itemizing and including copies of receipts or invoices. D. In addition to the invoicing requirements contained in paragraphs 3.B.and C. above, the FWC or DEP 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 thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the FWC and DEP 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/aadir/reference%5Fguide. E. i. The accounting systems for the Grantee must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. The Grantee is 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 sub recipient’s, accounting system cannot comply with this requirement, the Grantee, or sub recipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the FWC or DEP finds that these funds have been commingled, the DEP 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 DEP shall refund, and shall forthwith pay to the DEP, the amount of money demanded by the DEP. 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 DEP by the Grantee to the date repayment is made by the Grantee to the DEP. iii. In the event that the Grantee recovers costs incurred under this Agreement and reimbursed by the DEP from another source(s), the Grantee shall reimburse the DEP 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 DEP by the Grantee.