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

4 of 20Pg. 43  1.f.a FWC Agreement No. 15-TBD-1 8. MONITORING. The Commission’s Grant Manager shall actively monitor the Grantee’s performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in Attachment C, Audit Requirements. Additionally, monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. 9. TERMINATION. Attachment: I. f. FWC Grant $127K (5164 : FWC Artificial Reef Construction Grant 2016-17 (Erika Zambello)) A. Commission Termination. The Commission may unilaterally terminate this Agreement forLY convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. The Grantee may request termination of the Agreement for convenience. N B. O Termination – Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Grantee with written notice of termination. N C. IO Termination – Other. The Commission may terminate this Agreement if the Grantee fails to: 1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering SS the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies cancellation charges or lost profits. U provided by law or under the Agreement. The Grantee shall not be entitled to recover any D. IS Termination - Funds Unavailability. In the event funds to finance this Agreement become C unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours’ notice in writing to the Grantee. Said notice shall be delivered by certified mail, return D receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to R another program thus causing “lack of funds.” In the event of termination of this Agreement under this provision, the Grantee will be compensated for any work satisfactorily completed and any non- O cancellable obligations properly incurred prior to notification of termination. E. -F Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly render to the Commission all property belonging to the Commission. For the purposes of this AF section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. 10. T REMEDIES. R A. Financial Consequences. In accordance with Sections 215.971(1)(a)&(b), F.S., Attachment A, Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be D received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Grantee fails to produce each deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable may be GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 PagePacket 5 of 20Pg. 44  1.f.a FWC Agreement No. 15-TBD-1 deducted from the Grantee’s payment. In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences, identified in the Scope of Work. B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Agreement. 11. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified Attachment: I. f. FWC Grant $127K (5164 : FWC Artificial Reef Construction Grant 2016-17 (Erika Zambello)) below. In the event that either Party designates a different Grant Manager after the execution of this LY Agreement, the Party will provide written notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new amendment to the Agreement. N Grant Manager has been named. A designation of a new Grant Manager shall not require a formal FOR THE COMMISSION: FOR THE GRANTEE: O Grant Manager Bradley Ennis Grant Manager Erika Zambello N Fisheries Biologist IV Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 IO Marine Economic and TDR Coordinator Okaloosa County 1540 Miracle Strip Pkwy SE Tallahassee, FL 32301 Phone: (850) 617-9634 Fax: (850) 487-4847 SS Fort Walton Beach, FL 32548 Phone: (850) 609-5394 Fax: (850) 654-7397 bradley.ennis@myfwc.com U ezambello@co.okaloosa.fl.us 12. AMENDMENT. A. IS C Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. D Change Orders. The Commission may, at any time, by written order, make a change to this R Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee’s cost or time shall require O an Amendment. Minor changes, such as those updating a Party’s contact information, may be accomplished by a Modification. C. -F Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. 13. AFPROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310- T 200.316, OMB Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply. R A. Intellectual and Other Intangible Property. i. Grantee’s Preexisting Intellectual Property (Proprietary) Rights. Unless specifically D addressed in the Attachment A, Scope of Work, intellectual and other intangible property rights to the Grantee’s preexisting property will remain with the Grantee. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 PagePacket 6 of 20Pg. 45  1.f.a FWC Agreement No. 15-TBD-1 property right created or otherwise developed by the Grantee under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other