Okaloosa County BOCC — May 6, 2014 — Grant Agreement — reading text

Agreement #: DIG 14- DEFENSE INFRASTRUCTURE GRANT AGREEMENT THIS DEFENSE INFRASTRUCTURE GRANT AGREEMENT (together with any written amendment hereto that hereafter may be executed and delivered by the parties, this “Agreement”) is made and entered into as of this ______ day of ____________, 2014 by and between ENTERPRISE FLORIDA, INC., a Florida corporation not for profit (“EFI”), and Okaloosa County (the “Grantee”). WHEREAS, the Legislature of the State of Florida has appropriated funds from Specific Appropriations in the 2013 General Appropriations Act to provide grants for communities to fund local infrastructures projects (e.g. construction, land purchases, easements) having a positive impact on an installation’s military value (the “Grant Program”), and WHEREAS the Department of Economic Opportunity (DEO) has assigned responsibility for this program to EFI and EFI has selected the grant recipients (Exhibit C - Award Announcement), through a competitive RFP process; and WHEREAS, the Grantee is an organization eligible to receive funding under the Grant Program; and WHEREAS, the parties desire to enter into this Agreement, whereby the Grantee shall be awarded grant funding under the Grant Program, as provided herein, for the purpose or project (the “Project”) described in the application that the Grantee submitted to EFI for this purpose, a copy of which is attached hereto as Exhibit A (the “Grant Application”); NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. PARTIES: The Parties and their respective addresses for purposes of this Agreement are as follows: EFI: Heather Cave Program Manager, Military & Defense Enterprise Florida, Inc. 1030 East Lafayette Street Suite 9 Tallahassee, Florida 32301 (850) 298-6640 (850) 878-4578(fax) hcave@eflorida.com Grantee: Charles K. Windes, Jr., Okaloosa County Board of County Commissioners Contracts & Grants 1804 Lewis Turner Blvd. Ste 206 Ft. Walton Beach, FL 32547 (850) 651-7200 ext 4381 meubanks@clerkofcourts.cc 2. AGREEMENT MANAGERS: The parties each hereby appoint an Agreement Manager to facilitate the terms of this Agreement. All written approvals referenced in this Agreement must be obtained from the Parties’ Agreement Managers or their designees. The DIG Agreement Manager is: Heather Cave, Manager, Military & Defense Page 1 of 13 Programs who may be reached at (850) 298-6640. The Contractor Agreement Manager is Marcella B. Eubanks, who may be reached at (850) 651-7200 ext 4381 3. TERM: The term of this Agreement shall commence as of the date of this Agreement and shall continue until the Final Report pursuant to Paragraph 12 is accepted by EFI. 4. GRANT FUNDS: Pursuant to the terms of this Agreement, EFI shall pay to the Grantee from the Grant Program an amount equal to, two hundred thousand dollars ($200,000) or the amount actually expended by the Grantee on the Project (in total or any part thereof, the “Funds”). In consideration of such grant, Grantee agrees as follows: a. The Funds shall be expended solely for the purpose of the Project and the accomplishment of the Activities, as provided by Paragraph 5, or for the reimbursement of the Grantee’s own funds theretofore expended for the same purpose. Unless specifically authorized in the Schedule of Activities, the Grantee shall not use the Funds for any of the following expenses: (1) salaries of Grantee’s employees; (2) travel or incidental costs; (3) lobbying the Legislature, the Courts, or any state agency of the State of Florida; (4) administration of the Project; or, (5) any activity inconsistent with Section 216 Florida Statutes, relating to fixed capital outlay. (6) Contract audit costs b. Any Funds not expended on the Project will be forfeited to the State of Florida. c. Any expenditure in connection with the Project that exceeds the total amount of the Funds shall be the sole responsibility of the Grantee. Unless EFI otherwise agrees in its discretion, Grantee shall be required to complete the Project even if it must expend its own funds to do so. 5. SCOPE OF WORK: If the amount of the grant award matches the project application the Application Schedule of Activities shall apply. If the grant amount was modified by the award committee, the Grantee shall deliver to EFI a Schedule of Activities in which is described each activity to be performed by the Grantee under this Agreement (individually, an “Activity”; collectively, the “Activities”) within sixty (60) days after the date this Agreement is executed by both parties. These Activities shall support the purpose of this grant. The purpose of the grant is, “Shoal River Military Installation Buffering Project.” Upon EFI’s receipt and approval of the schedule, the schedule will be attached hereto as Exhibit B (the “Schedule of Activities”). The Grantee shall perform and accomplish each Activity set forth in the Schedule of Activities on or before the respective due date of such Activity indicated therein. The Schedule of Activities at any time in effect may be revised from time to time for the purpose of this grant in accordance with the following procedures: a. Grantee shall provide a revised Schedule of Activities that provides an update on all activities completed and initiated including any reimbursement requested. A Proposed Schedule of Activities will indicate new activities, due dates and budget adjustments. b. Within thirty (30) days after receiving any such Proposed Schedule, EFI shall notify the Grantee of its decision, in EFI’s absolute discretion, either to adopt the Proposed Schedule or not to adopt the Proposed Schedule. If in its absolute discretion EFI adopts the Proposed Schedule as submitted by the Grantee, it shall notify the Grantee in writing of its decision and from the date Page 2 of 13  of such notice the Proposed Schedule shall become the Schedule of Activities under this Agreement and shall be attached to this Agreement as a REVISED Schedule of Activities. If in its absolute discretion EFI elects not to adopt the Proposed Schedule, or if EFI fails to give Grantee written notice within such thirty (30) day period, the current Schedule of Activities shall continue to be the Schedule of Activities. c. The Schedule of Activities and any Proposed Schedule may incorporate by reference the Activities indicated on a work plan, schedule, or other document prepared by the Grantee or any other person or entity, provided that it contains the information required by this Paragraph 5. d. The state expects no more than a three year execution term; grantees will have three years from the date of the contract execution to complete their project. Contract term extensions will be evaluated on a case by case basis. 6. INITIAL DELIVERABLES and DISBURSEMENT: Upon EFI’s receipt and approval of the initial deliverables consisting of the Schedule of Activities, pursuant to Paragraph 5, EFI shall pay to the Grantee the initial disbursement in respect of the Funds an amount equal to one quarter of the grant amount one hundred twenty-five thousand dollars ($125,000). The initial disbursement may be made within 90 days of receipt of the initial deliverables. 7. STATUS REPORT: Until completion of the Project, the Grantee shall deliver to EFI quarterly project status reports (each, a “Status Report”) as follows: a. Grantee shall deliver a Status Report to EFI on or before the tenth (10th) day following the last day of each Reporting Quarter during the term of this Agreement even if there are no activities to report on. As used in this Agreement, a “Reporting Quarter” shall mean a quarter of the Fiscal Year that begins on July 1 with the first quarter ending on September 30. Report schedule is: For activity in months of: Status Report due by : Jan, Feb, Mar April 10 Apr, May, June July 10 Jul, Aug, Sept October 10 Oct, Nov, Dec January 10 If the 10th is not a business day, the report is due the next business day. b. Each Status Report shall outline the Grantee’s progress in completion of the Project during the Reporting Quarter for which the Status Report is delivered. Including the format provided by EFI for sections (1) – (6), it shall specifically include the following information: (1) A list of the Activities indicated in the Schedule of Activities to be completed during the Reporting Quarter and that actually were completed during the Reporting Quarter (“Completed Scheduled Activities”). For each Completed Scheduled Activity, the Status Report shall indicate the date of completion and the actual expenditures in relation thereto for which disbursement of Funds is requested. Attached to the Status Report, and clearly labeled, shall be evidence that each Completed Scheduled Activity was completed as indicated in the Status Report, which evidence may include copies of reports, statements, photographs, or any other appropriate documentation; (2) A list of the Activities indicated in the Schedule of Activities to be completed during the Reporting Quarter for which progress toward completion was made but that were not completed during the Reporting Quarter (“Partially Completed Scheduled Activities”). For each Partially Completed Scheduled Activity, the Status Report shall indicate as a percentage the Grantee’s progress in completion and shall describe briefly the reasons why the activity was not completed. The Status Report also shall indicate the actual expenditures in relation to each Partially Completed Scheduled Activity for Page 3 of 13 which disbursement of Funds is requested. Attached to the Status Report, and clearly labeled, shall be evidence of the Grantee’s progress in completion of the Partially Completed Scheduled Activity, which evidence may include copies of reports, statements, photographs, or any other appropriate documentation; (3) A list of Activities indicated in the Schedule of Activities to be completed during the Reporting Quarter for which no progress was made toward completion during the Reporting Quarter (“Incomplete Scheduled Activities”). For each Incomplete Scheduled Activity, the Project Status Report shall briefly describe the reasons why no progress was made toward completion of such Activity during the