Okaloosa County BOCC — April 7, 2015 — 2015-04-07 G0326 Amend 1 — reading text

DEP AGREEMENT NO. G0326 AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 1% day of February, 2012, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the “Department” or “DEP”) and the OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the “Grantee” or “Recipient”) is hereby amended. WHEREAS, construction in the original project could not be implemented as planned, therefore the Grant Work Plan needs to be revised and a funding decrease is necessary; and, WHEREAS, a time extension is needed to complete the remaining construction, monitoring and reporting; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: - Paragraph 2. is hereby deleted in its entirety and replaced with the following: 2. This Agreement shall begin on February 1, 2012 by both parties and shall remain in effect until January 30, 2018, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement. The Grantee may claim allowable project expenditures made on or after October 1, 2009 for purposes of meeting its match requirement identified in paragraph 3. This Agreement may be amended to provide for additional services if additional funding is made available by EPA and/or the Legislature. -- Paragraph 3.A. is hereby deleted in its entirety and replaced with the following: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $222,480.00 (a decrease of $500,000.00) towards the total estimated project cost of $444,960.00 (a decrease of $799,735.13). The parties hereto understand and agree that this Agreement requires at least a 50% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $222,480.00 through cash or third party in-kind, towards the work funded under this Agreement. All match shall meet the federal requirements established in 40 CFR Part 30, 40 CFR Part 31 and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230) and A- 21 (2 CFR 220), as applicable. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The Grantee will report those expenditures to the Department in the Final Report as required under Task 6 in Attachment A-1. -- Paragraph 3.D. is hereby deleted in its entirety and replaced with the following: D. In addition to the invoicing requirements contained in paragraphs 3.B. and C. above, the Department 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. When requested, this information 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/aadir/reference%5Fguide; allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at http://www.access.gpo.gov/nara/cfi/cfr-table-search.html and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be found in OMB DEP Agreement No. G0326, Amendment No. 1, Page | of 4 Circulars A-102 and A-110 2 CFR 215) at http://www.whitehouse.gov/omb/circulars/index.html#numerical. -- Paragraph 3.H. is hereby deleted in its entirety and replaced with the following: H. The table below identifies the funding supporting this Agreement and EPA Grants providing the funds. EPA Grant Number CFDA Program Title Funding Amount C9-99451510-0 66.460 Nonpoint Source Implementation | $222,480.00 Grants Total Funding: | $222,480.00 -- Paragraph 3. is hereby revised to add the following as subparagraph I: L. 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.USASpending.gov. 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. -- Paragraph 16. is hereby deleted in its entirety and replaced with the following: 16. The Department’s Grant Manager (which may also be referred to as the Department’s Project Managers) for this Agreement is identified below. Technical Michael Scheinkman Florida Department of Environmental Protection Water Quality Restoration Program 2600 Blair Stone Road, MS# 3570 Tallahassee, Florida 32399-2400 Telephone No.: (850) 245-8521 Fax No.: (850) 245-8434 E-mail Address: Michael.Scheinkman@dep.state.fl.us - Paragraph 17. is hereBy deleted in its entirety and replaced with the following: 17. The Grantee’s Grant Manager (which may also be referred to as the Grantee’s Project Manager) for this Agreement are identified below. Programmatic Jason Autrey Okaloosa County Public Works 1759 South Ferdon Boulevard Crestview, Florida 32536 Telephone No.: (850) 689-5772 E-mail Address: jautrey(@co.okaloosa.fl.us DEP Agreement No. G0326, Amendment No. 1, Page 2 of 4 Administrative Marcella Eubanks Contracts and Grants Manager 1804 Lewis Turner Boulevard, Suite 206 Ft. Walton Beach, Florida 32547 Telephone No.: (850) 689-5772 E-mail Address: meubanks@clerkofcourts.cc The following language is hereby added to the Agreement as Paragraph 32: ~ 2 2. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department’s termination of this Agreement for cause as authorized in this Agreement. Upon the Department’s notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. Failure to respond to a Department request for a CAP or failure to correct a deficiency in * the performance of the Agreement as specified by the Department may result in termination of the Agreement Attachment A, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-1, Revised Grant Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-1, Revised Grant Work Plan. Attachment F, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment F-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment F shall hereinafter refer to Attachment F-1, Revised Special Audit Requirements. DEP Agreement No. G0326, Amendment No. 1, Page 3 of 4 -- Attachment G, Certification of Applicability to Single Audit Act Reporting, is hereby deleted in its entirety from the Agreement. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. : OKALOOSA COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By: By: *Title: Nathan D. Boyles, Chairman Secretary or Designee Date: Date: Michael Scheinkman, DEP Grant Manager DEP Contracts Administrator Approved as to form and legality: R\ DEP Attomeyd *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Type Letter/Number Description (include number of pages) Attachment A-1 Revised Grant Work Plan (6 Pages) Attachment F-1 Revised Special Audit Requirements (5 Pages) DEP Agreement No. G0326, Amendment No. 1, Page 4 of 4 ATTACHMENT A-1 REVISED GRANT WORK PLAN PROJECT: Gap Creek Watershed Water Quality Improvements PROJECT FUNDING: $222.480.00 Grant $222.480.00 Match $444,960.00 Total LEAD ORGANIZATION: Okaloosa County CONTACT PERSON(S): Financial & Administrative: Programmatic: Marcella Eubanks Jason Autrey, P.E. Contracts & Grants Manager Okaloosa County Engineer 1804 Lewis Turner Blvd. Suite 206 1759 South Ferdon Blvd. Fort Walton Beach, Florida 32547 Crestview, Florida 32536 (850) 651-7200, ext 4381 (850) 689-5772 meubanks@clerkofcourts.cc jautrey(@co.okaloosa.fl.us COOPERATING ORGANIZATIONS: 1. City of Fort Walton Beach (City) 2. Northwest Florida Water Management District (NWFWMD or District) 3. Choctawhatchee Basin Alliance (CBA) PROJECT ABSTRACT: The stormwater management system in the 2.9 square mile Gap Creek Drainage Basin, located in both unincorporated Okaloosa County and the City of Fort Walton Beach, is inadequate to provide water quality treatment and flood attenuation. Most of this watershed is built out, primarily consisting of residential