Okaloosa County BOCC — October 6, 2015 — Signed by Cinco Bayou OKBP-1041 Agreement

FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT AGREEMENT Okaloosa County Agreement No. OKBP-1041 This agreement is entered into this day of _October , 2015, between Okaloosa County, hereinafter referred to as the COUNTY, and the Town of Cinco Bayou, hereinafter referred to as the TOWN, in pursuance of a project approved under the Florida Boating Improvement Program (FBIP). 1. The TOWN, as the official applicant and recipient of program funds, shall be responsible for project administration and accountability. The TOWN shall act as agent for the COUNTY for construction of the project authorized by this agreement. 2. The TOWN agrees to construct the project known as Sea Way Street Boat Launch Improvements in accordance with the plans and specification prepared by, or under the supervision and review of, a registered professional architect, engineer or other appropriate professional. 3. This Agreement shall become effective upon execution by the COUNTY. The TOWN agrees to complete the project on or before one year from the effective date. 4. The COUNTY will made available to the TOWN the approved project amount of not to exceed $15,000.00 _for the project authorized by this Agreement. The COUNTY will release the funds on a reimbursement basis. The COUNTY and TOWN understand and agree that there shall be no reimbursement of funds by the COUNTY for any expenditure made prior to the execution of the Agreement. 5. The TOWN shall submit to the COUNTY signed quarterly project status reports on a calendar basis summarizing work accomplished, problems encountered, percentage of completion, and other appropriate information. Photographs shall be 1 submitted when appropriate to reflect work accomplished. 6. Each party hereto agrees that it shall be solely responsible for any damages, injury, or loss which occur as a result of the actions of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 7. Upon project completion, the engineer, architect or other appropriate professional shall sign a statement certifying satisfactory completion of the project in accordance with the prepared plans and specifications. 8. Eligible and the ineligible program costs are established in Chapters 62A-11 and 62D-5, Part I11, Florida Administrative Codes. The TOWN shall submit payment requests and expenditure documentation to the COUNTY in detail sufficient for a proper pre-audit and post-audit thereof. The COUNTY shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date on the project and, if in order, approve the request for payment. The COUNTY shall retain 10% of the project amount until completion of the project and all final project documentation has been submitted by the TOWN and approved by the COUNTY. 9. The TOWN is responsible for obtaining all state and federal permits, licenses, agreements, leases, easements, etc., required for the project. 10. The COUNTY and TOWN shall retain all records supporting project costs for three (3) years after the fiscal year in which the final program payment was released by the COUNTY or until final resolution of matters resulting from litigation, claim, or audit that started prior to the expiration of the three-year record retention period. 11. The COUNTY reserves the right to inspect the project as well as the right to audit any and all financial records pertaining to the project at any reasonable time. This - Agreement can be unilaterally canceled by the COUNTY should the TOWN refuse to allow public access to all documents, papers, letters or other material made of received in conjunction with the Agreement pursuant to the provisions of Chapter 119. Florida Statutes. _ 12. The COUNTY and TOWN acknowledge that the project is to replace the seawall to the left of the launch to prevent further erosion, r