Okaloosa County BOCC — January 13, 2016 — Agenda Packet — reading text

forty-five (45) days R following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse the Grantee D for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee’s Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 PagePacket 2 of 20Pg. 41  1.f.a FWC Agreement No. 15-TBD-1 be submitted electronically to the attention of the Commission’s Grant Manager identified in Paragraph eleven (11), below. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Grantee acknowledges that the Commission’s Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. Attachment: I. f. FWC Grant $127K (5164 : FWC Artificial Reef Construction Grant 2016-17 (Erika Zambello)) Match. Pursuant to grant program guidelines, the Grantee is not required to contribute non-federal D. LY match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A, Scope of Work. E. N Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be reimbursed in accordance with Section 112.061, F.S. F. O State Obligation to Pay. The State of Florida's performance and obligation to pay under this N Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future IO appropriations, but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an “annual appropriation” of funds to complete this Agreement. If such funds SS are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission’s Grant Manager shall notify the Grantee in writing at the earliest possible time if funds are not appropriated or available. G. U Non-Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that IS under non-competitive procurements, a Grantee may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General C Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. H. D Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections R 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless O the Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and -F approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Grantee due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. AF I. Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered T by the State’s Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: R http://www.fldfs.com/aadir/direct_deposit_web/Vendors.htm D Questions should be directed to the State of Florida’s EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 PagePacket 3 of 20Pg. 42  1.f.a FWC Agreement No. 15-TBD-1 J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer’s Hotline, (800) 342- 2762. 5. CERTIFICATIONS AND ASSURANCES. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission’s Grant Manager a completed copy of the form entitled Attachment: I. f. FWC Grant $127K (5164 : FWC Artificial Reef Construction Grant 2016-17 (Erika Zambello)) “Certifications and Assurances,” attached hereto and incorporated as Attachment B. This includes both funding, Federal-only funding, or both. LY State and Federal requirements, each applicable to the extent this Agreement includes either State-only 6. RETURN OR RECOUPMENT OF FUNDS. N A. O Overpayment to Grantee. Pursuant to Section 215.971(1)(e)&(f), F.S., the Grantee shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the N terms of this Agreement that were disbursed to Grantee by the Commission. In the event that the Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall IO repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event that the Commission first discovers an overpayment has been made, the Commission will notify the Grantee in writing. Should repayment not be made in a timely manner, SS the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission’s Grant Manager, and U made payable to the “The Florida Fish and Wildlife Conservation Commission.” B. IS Additional Costs or Monetary Loss Resulting from Grantee Non-Compliance. If the Grantee’s non-compliance with any provision of the Agreement results in additional cost or monetary loss to C the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement or any other agreement between Grantee and the Commission. In the event that the discovery of this cost or D loss arises when no monies are available under this Agreement or any other agreement between the Grantee and the Commission, the Grantee will repay such cost or loss in full to the Commission R within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the O Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. 7. -F COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. A. Commission Exempt from Taxes. The Grantee recognizes that the State of Florida, by virtue of AF its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. Grantee is placed on notice that this exemption generally does not apply to T nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission Grant Manager. R B. Property Exempt from Lien. If the Grant involves the improvement of real property titled to the State of Florida, then the following paragraph applies: D The Grantee acknowledges that Property being improved is titled to the State of Florida, and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 PagePacket