Okaloosa County BOCC — February 26, 2015 — I.d. FWC Turtle Lighting Grant — reading text

TOURIST DEVELOPMENT DEPARTMENT MEMORANDUM DATE: February 26, 2015 TO: Tourist Development Council FROM: Ed Schroeder, Tourist Development Department Director Jim Trifilio, Coastal Management Coordinator SUBJECT: FWC/FDEP Sea Turtle Lighting Retrofit Grant STATEMENT OF ISSUE: Request approval to accept FL Dept of Environmental Protection (DEP) and FL Fish & Wildlife Conservation Commission (FWC) grant agreement to install wildlife friendly lighting on or near beachfront conservation lands at no cost to the County. BACKGROUND: FWC has identified the following beachfront conservation lands: James Lee Park, John Beasley Park, and Newman C. Brackin Park. Lights visible from the beach that could impact nesting and hatchling sea turtles on these conservation lands will be replaced with wildlife friendly lighting, which would qualify for Early Restoration funding pursuant to the Deepwater Horizon Oil Spill Phase II Early Restoration Plan and Environmental Review. Some of the funds will also be used to maintain the lighting retrofits once replaced over the next three years. Funds are available for all County-owned conservation lands and the adjacent properties located 1,000 feet surrounding the nesting beach on the conservation land. The grant term is four years from date of execution, with an estimated total cost of $431,900. The County would be reimbursed 100% of the retrofit lighting costs for County-owned parks. FWC requests a 25% match for private properties located within 1,000 adjacent feet; however, the County is not involved in that element of the grant. OPTIONS: Approve or Disapprove RECOMMENDATION TO BCC: Accept the FWC/FDEP Sea Turtle Lighting Retrofit Grant.  DEP Agreement No. _____ FWC Agreement No. _____ GRANT AGREEMENT THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the “DEP”), the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (hereinafter referred to as “FWC”) and Okaloosa County (hereinafter referred to as “Grantee”), a local Comment [KKS1]: Needs to be identified by government, to provide financial assistance for appropriate lighting on or near beachfront conservation entity with contracting authority (e.g., the BOCC) lands located within Okaloosa County. This effort will protect nesting sea turtles and their hatchlings while still providing proper lighting for human health and safety. WHEREAS, the FWC has identified lights visible from the beach that could impact nesting and hatchling sea turtles on state and local conservation lands in Okaloosa County and seeks to minimize impacts from these lights by replacement with wildlife friendly lighting, which would qualify for Early Restoration funding pursuant to the Deepwater Horizon Oil Spill Phase II Early Restoration Plan and Environmental Review; and, WHEREAS, Okaloosa County is committed to protection of threatened and endangered sea turtles nesting on County beaches and has adopted a local lighting ordinance to reduce lighting impacts to these species; and WHEREAS, the Fixed Capital Outlay Budget Authority for Early Restoration Projects was appropriated in the DEP FY 2011-2012 budget; and, WHEREAS, FWC does have Fixed Capital Budget Authority to spend the Early Restoration funds. NOW, THEREFORE, in consideration of the mutual benefits to be derived here from, the DEP, the FWC, and Grantee do hereby agree as follows: 1. Duties of the DEP, the 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  DEP Agreement No. _____ FWC Agreement No. _____ 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  DEP Agreement No. _____ FWC Agreement No. _____ 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