Okaloosa County BOCC — May 6, 2014 — MOEX Grant Agmnt-1 — reading text

1. DEP Agreement No. S0697 GRANT AGREEMENT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the “Department”) and OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 302 N. Wilson Street, Suite 302, Crestview, Florida 32536 (hereinafter referred to as “County’), a local government, to provide financial assistance for the construction of Stormwater Facility Improvements at the Overbrook and Tanglewood Stormwater Ponds. In consideration of the mutual benefits to be derived herefrom, the Department and the County do hereby agree as follows: The County 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. This Agreement shall begin upon execution by both parties and remain in effect for a period of twenty-four (24) months, inclusive. The County shall be eligible for reimbursement for work performed on or after the date of execution through the expiration of this Agreement. A. As consideration for the satisfactory completion of services rendered by the County under the terms of this Agreement, the Department shall pay the County on a cost reimbursement basis up to a maximum of $414,432.00. The County hereby agrees to pay for all permit application fees and costs of completing the construction of the Stormwater Management Facilities (Project), which are in excess of the funding provided under this Agreement, inclusive of any changes or amendments to the Project scope and any authorized elective or required change orders between the County and their consultants and/or construction contractor. The County shall be reimbursed on a cost reimbursement basis for all eligible project costs, upon the completion, submittal and approval of deliverables identified in Attachment A. Reimbursement shall be Tequested 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 Department no later than sixty (60) days following the completion date of the Agreement, to assure the availability of funds for payment. Each payment request submitted shall document that all costs in excess of the funding provided under this Agreement have been paid. in the event that all tasks outlined in Attachment A are not satisfactorily completed within the terms of this Agreement, the County shall return all funds provided under this Agreement to the Department. 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 County 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 - The County shall not be reimbursed for direct salaries or multipliers (i.¢., fringe benefits, overhead, and/or general and administrative rates) for County employees. DEP Agreement No. $0897, Page 1 of 8 ii. Vv. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the County. 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 Department determines that multipliers charged by any subcontractors exceeded the rates supported by audit, the County shall be required to reimburse such funds to the Department 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 County's contract obligations to the subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage, attorneys’ fees, civil or administrative penalties, handling fees, such as set percent overages associated with purchasing supplies or equipment. For fixed price (vendor) subcontracts, the following provisions shall apply: a. The County may award, on a competitive basis, fixed price subcontracts to consuiltants/contractors in performing the work described in Attachment A. Invoices submitted to the Department 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 County may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the County shall request the advance written approval from the Department's Project Manager of the fixed price negotiated by the County. 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 Department Project Manager's approval of the fixed price amount, the County may proceed in finalizing the fixed price subcontract. c. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. Travel — Reimbursement for travel expenses is not authorized under this Agreement. Equipment — (Capital outlay costing $1,000 or more) - Reimbursement for the purchase of equipment is not authorized under this Agreement. Other Expenses - e.g., Materials, supplies, construction materials, must be documented by itemizing and including copies of receipts or invoices. In addition to the invoicing requirements contained in paragraph 3.B and 3.C. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The County may also be required fo submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services’ Reference Guide for State Expenditures at http://www. fldfs.com/aadir/reference%5F guide. DEP Agreement No. $0897, Page 2 of 8 i. The accounting systems for the County must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. The County is prohibited from commingling funds on either a program-by-program or a project-by- project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a County's, or subrecipient's, accounting system cannot comply with this requirement, the County, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii, If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided fo the County under this Agreement for non-compliance with the material terms of this Agreement. The County, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. interest shall be calculated from the date(s) the original payment(s) are received from the Department by the County to the date repayment is made by the County to the Department. ii. In the event that the County recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the County shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the County to the date repayment is made to the Department by the County. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. The County shall submit Monthly Construction Progress Reports as required in Attachment A. The Department's Project Manager shall have ten (10) calendar days to review the required reports and deliverables submitted by the County. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. A. The Department may terminate this Agreement at any time in the event of the failure of the County to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar. days written notice of its intent to terminate and shall provide the County an opportunity to consult with the Department regarding the reason(s) for termination. The Department may terminate this Agreement for convenience by providing the County with thirty (30) calendar days written notice. Regardless of termination for convenience, neither party shall be relieved of ifs obligation to pay its share of the costs for services satisfactorily provided prior to the notice of termination for convenience. This Agreement may be unilaterally canceled by the Department for refusal by the County to allow public access to all documents, papers, letters, or other material made or received by the County in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article | of the State Constitution and Section 119.07(1)(a), Florida Statutes. DEP Agreement No. S0697, Page 3 of 8 10. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the County shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within thirty (30) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate the Agreement for failure to perform, or 2) Department Project Manager may, by letter specifying the failure of performance under the Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the County to the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Project Manager for review and approval. Within ten (10) business days of receipt of a CAP, the Department shall notify the County