Fort Walton Beach — 2014- 4 - Agreement with MOEX — reading text

RESOLUTION 2014 - 4 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION THROUGH AN APPROPRIATION FROM FUNDS RECEIVED FROM THE DEEP WATER HORIZON OIL SPILL SETTLEMENT WITH MOEX; AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT; AUTHORIZING THE CITY MANAGER TO ADMINISTER THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the U. S. Department of Justice, U. S. Coast Guard, and U. S. Environmental Protection Agency entered into a settlement with MOEX Offshore 2007, LLC related to the Deepwater Horizon oil spill; WHEREAS, the Florida Department of Environmental Protection .( Department) has been appointed to administer the funding from this settlement for projects approved by the Department; WHEREAS, the City of Fort- Walton Beach ( City) and the Department agree that the stormwater project located at 214 and 225 Miracle Strip Parkway SW is an appropriate use of the awarded funds; WHEREAS, the total amount of funds for this project are not -to- exceed $ 963, 824. 00; WHEREAS, the City agrees to complete this project on a reimbursement basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. That the City Council finds the above stated recitals to be true and correct and incorporates them herein by reference. SECTION 2. That the City Council hereby supports the proposed stormwater water quality project. SECTION 3. That the City Council hereby instructs its staff to coordinate and cooperate with the Department in designing, developing, managing, and inspecting this Project. SECTION 4. That the City Council hereby authorizes the Mayor to execute the Agreement and any accompanying grant documents, pending legal review and approval, between the Department, the City and the Contractor. SECTION 5. That the City Council hereby authorizes the City Manager to administer the Agreement to complete the design and construction of the project. SECTION 6. That this Resolution shall take effect immediately upon adoption by the City Council. ADOPTED this day of 2014.  RESOLUTION 2014 - 4 Mike Anderson, Mayor Attes : Approved for form, legal suffi _ - - ! L4LW7 -41 - - Helen Spencer, Cit - lerk 71, Dykes, Jr., ity orney  C: C0PY CO DEP Agreement No. S0693 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' Departmenf) and the CITY OF FORT WALTON BEACH, whose address is City Hall, 105 Miracle Strip Parkway, Fort Walton Beach, Florida 32548 ( hereinafter referred to as ' City, a local government, to provide financial assistance for the construction of a Stormwater Management Facility. In consideration of the mutual benefits to be derived herefrom, the Department and the City -do hereby agree as follows: The City 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. 2. This Agreement shall begin upon execution by both parties and remain in effect for a period of thirty -six ( 36) months, inclusive. The City shall be eligible for reimbursemerit 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 City under the terms of this Agreement, the Department shall pay the City on a cost reimbursement basis up to a maximum of 963, 824. 00. The City hereby agrees to pay for all costs of completing the construction of the Stormwater Management Facility ( 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 City and their consultants and /or construction contractor. B. The City 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 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 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 City shall return all funds provided under this Agreement to the Department. 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 City 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: Salaries/ Wages — The City shall not be reimbursed for direct salaries or multipliers ( i. e., fringe benefits, overhead, and /or general and administrative rates) for City employees. DEP Agreement No. S0693, Page 1 of 8  Contractual ( Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the City. 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 City 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 City's contract obligations to the subcontractor, the Department shall not reimburse any of the following types. of,charges: cell phone. usage, attomeys' 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: The. City may award, on a competitive basis, fixed price subcontracts to consultants/ 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 City 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 City shall request the advance written approval from the Department's Project Manager of the fixed price negotiated by the City. 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 City 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. iii. Travel - Reimbursement for travel expenses is not authorized under this. Agreement iv. Equipment - ( Capital outlay costing $ 1, 000 or more) - Reimbursement for the purchase of equipment is not authodzed under this Agreement Other Expenses - e.g., Materials, supplies, construction materials, must be documented by itemizing and. including copies of receipts or invoices. D. In addition to the invoicing requirements contained in paragraph 3. 8 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 City may also be required to 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 % 5Fquide. DEP Agreement No. S0693, Page 2 of 8  E. i. The accounting systems for the City must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. The City 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 City's, or subrecipient' s, accounting system cannot comply