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

Reporting Quarter; (4) A list of Activities completed during the Reporting Quarter that were not indicated in the Schedule of Activities to be completed during the Reporting Quarter (“Completed Unscheduled Activities”). For each Completed Unscheduled 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 Unscheduled Activity was completed, which evidence may include copies of reports, statements, photographs, or any other appropriate documentation; (5) A summary of the Grantee’s actual expenditures related to the Project during the Reporting Quarter, and for which disbursement of Funds has been received or is to be requested, compared to the anticipated expenditures for the Reporting Quarter as indicated in the Schedule of Activities; (6) A summary of the Grantee’s actual expenditures related to the Project since the date of this Agreement, and for which disbursement of Funds has been received or is to be requested, compared to the anticipated expenditures since the date of this Agreement as indicated in the Schedule of Activities; (7) To the extent the same is material, a summary and explanation of any unanticipated changes among the Grantees, subcontractors, and other participants involved in the Project; and (8) A summary and explanation of any other material changes that may affect the outcome or commercial potential of the Project. (9) A report on the use of Women and Minority Vendors as described in Paragraph 18. 8. INVOICE: With each Status Report that includes expenditures for reimbursement, the Grantee shall deliver to EFI an invoice, accompanied by a signed and dated Compliance Certification Form, (provided by EFI), that includes the following information: a. All expenditures related to the Completed Scheduled Activities for which disbursement of the Funds is requested; b. All expenditures related to the Partially Completed Scheduled Activities for which disbursement of the Funds is requested; c. All expenditures related to Completed Unscheduled Activities for which disbursement of the Funds is requested; d. any other unreimbursed expenditures related to Activities completed in prior Reporting Quarters or otherwise for which disbursement of the Funds is requested; and Page 4 of 13  e. detailed receipts or documentation for all expenditures. 9. DISBURSEMENT OF FUNDS: After receiving the Status Report, invoice and Compliance Certification Form and approval of the same, EFI shall disburse to the Grantee an amount equal to the cumulative amount of unreimbursed expenditures for Completed Scheduled Activities indicated therein, provided that EFI shall be required to disburse no more than the amount of anticipated expenditures related to each Completed Scheduled Activity indicated on the Schedule of Activities. Within EFI’s absolute discretion, EFI also may disburse to the Grantee an amount equal to or less than one or more of the following: a. the cumulative amount of unreimbursed expenditures for Partially Completed Activities indicated in the Invoice; b. the cumulative amount of unreimbursed expenditures for Completed Unscheduled Activity; or c. the amount of unreimbursed expenditures for Completed Scheduled Activities that exceeds the anticipated expenditures related thereto as indicated in the Schedule of Activities d. any other unreimbursed expenditures related to Activities completed in prior Reporting Quarters or otherwise related thereto as indicated in the Schedule of Activities. With each disbursement of Funds, EFI shall deliver to the Grantee a statement indicating the amount of Funds disbursed in relation to items (a) through (d) above. If the disbursement of Funds is less than the invoice amount EFI shall deliver to the Grantee a statement indicating the amount of Funds disbursed in relation to the Completed Scheduled Activities, the Partially Completed Scheduled Activities, the Completed Unscheduled Activities, and any other Activities and purposes. 10. FINAL DISBURSEMENT: Notwithstanding anything herein to the contrary, EFI shall release final Grant Funds of Two Thousand dollars ($2,000) or Ten percent (10%) whichever is less upon EFI’s receipt and acceptance of the Final Project Report required by Paragraph 12. The acceptance of final payment, and delivery of the Final Audit Report required in Paragraph 13, under this Agreement, or the acceptance of final payment upon early termination hereof, shall constitute full and complete release of EFI by the Grantee from any and all claims, demands, and courses of action whatsoever. 11. AVAILABILITY OF GRANT FUNDS: EFI’s obligations under this Agreement are contingent upon the continued availability to EFI of legislatively appropriated funds from the Grant Program in the amount known to EFI at the time this Agreement is executed, which amount may be used in support of this Agreement. The determination whether funds are available for the purposes of this Paragraph shall be made by EFI in its absolute discretion. 12. FINAL PROJECT REPORT: Grantee shall submit a Final Project Report within forty-five (45) days following Grantee’s completion of the Activities or termination of the grant agreement. Final disbursement shall be made only after EFI has approved the Final Project Report, which shall include the following information: a. a certification that the Project, including all of the Activities, has been completed in compliance with the terms and conditions of this Agreement; b. a certification that the Project meets state and local construction standards, as applicable; c. the total amount of Funds received from EFI pursuant to this Agreement; Page 5 of 13  d. the total amount of funds received from other sources in relation to the Project; e. the total amount of Project expenditures paid or reimbursed from the Funds; and f. an explanation of any material changes in circumstances that may affect the outcome or commercial potential of the Project. 13. FINAL AUDIT REPORT: Grantee shall inform the Agreement Manager of the type of audit that will be delivered at the end of the agreement. a. Within forty-five (45) days following the completion of all of the Activities or termination of the grant agreement, the Grantee shall cause there to be prepared at the Grantee’s expense and delivered to EFI a final audit report of an independent certified public accountant (or a firm thereof) licensed to practice in the State of Florida, stating the professional opinion that the Grantee has complied with this Agreement (the “Final Audit Report”). b. In lieu of providing the Final Audit Report in such manner, if the Grantee has an annual audit by an independent certified public accountant (or a firm thereof) licensed to practice in the State of Florida, or if the Grantee has a state single audit or state project-specific audit pursuant to Section 215.97, Florida Statutes 2009 (the “Single Audit Act”), prepared for the fiscal year in which this Agreement concludes, the Grantee may provide to EFI at the time when such audit is completed (at any rate, within 120 days following the end of such fiscal year of the Grantee) a report stating the professional opinion that the Grantee has complied with this Agreement. 14. FLORIDA SINGLE AUDIT ACT: The Grantee acknowledges that, by entering this Agreement, it is a “sub-recipient” within the meaning of the Florida Single Audit Act, and it is subject to the provisions thereof, as well as the rules of the Executive Office of the Governor of the State of Florida, the Comptroller of the State of Florida, and the Auditor General of the State of Florida related thereto. For that reason: a. the Grantee shall allow EFI, DEO, the Comptroller, the Offices of the Chief Inspector General, and the Auditor General access to the Grantee’s records and the Grantee’s independent auditor’s working papers as necessary to comply with the requirements of the Florida Single Audit Act; b. the Grantee shall notify EFI if it becomes subject to a state single audit or project-specific audit pursuant to the Florida Single Audit Act; and c. the Grantee shall comply with the other requirements of the Florida Single Audit Act including providing to EFI a copy of every fiscal year audit conducted during the term of this Agreement. d. Grantee is subject to the requirements under Catalog of State Financial Assistance (CSFA) number 40.003 Defense Infrastructure Grants CSFA number. For information regarding the Florida Single Audit Act, including the CSFA, Grantee should access https://apps.fldfs.com/fsaa . 15. AUDIT RECORDS: The Grantee shall retain and maintain all records and make such records available for an audit as may be requested. Records shall include independent auditor working papers, books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Agreement. The records shall be subject at all times to inspection, review, or audit by state personnel of Page 6 of 13 DEO, Office of the Auditor General, Chief Financial Officer, Office of the Chief Inspector General, or other personnel authorized by EFI and copies of the records shall be delivered to EFI upon request. a. Grantee agrees to comply with the audit requirements of Section 215.97, Florida Statutes, and those found in Exhibit D b. Expenditures of State funds in accordance with this agreement shall be in compliance with laws rules, regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures found at http://www.myfloridacfo.com/aadir/reference_guide/ c. This agreement may be charged only with allowable costs resulting from obligations incurred during the term of the agreement. Any balance of unobligated cash that has been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the EFI. 16. PUBLIC ACCESS TO RECORDS: Pursuant to Section 287.058(1)©, F.S., the Grantee shall allow public access to all documents, papers, letters or other materials made or received by Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article 1 of the State Constitution and subsection 119.07(1), F.S. It is expressly understood that EFI may unilaterally cancel this Agreement for the Grantees refusal to comply with this provision. 17. RECORDS RETENTION: The Grantee shall retain all grant records and shall ensure the retention of its independent auditor’s working papers for a period of seven (7) years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been