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

with this requirement,` the City, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. 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 to the City under -this Agreement for non -compliance with the material terns of this Agreement The City, 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 City to the date repayment is made by the City to the Department. iii. In the event that the City recovers costs, incurred under this Agreement and- reimbursed by the Department, from another source(s), the City 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 payments) are recovered by the City to the date repayment is made to the Department by the City. 4. 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. 5. The City 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 City. 6. 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 City to fulfill any of its obligations under this Agreement Priorto termination, the Department shall provide thirty 30) calendar days written notice of its intent to terminate and shall provide the City an opportunity to consult with -the Department regarding the reason( sj for termination. The Department may terminate this Agreement for convenience by providing the City with thirty ( 30) calendar days written notice. Regardless of termination for convenience, neither party shall be relieved of its obligation to pay its share of the costs for services satisfactorily provided prior to the notice of termination for convenience. C. This Agreement may -be unilaterally canceled by the Department for refusal by the City -to allow public access to all documents, papers, letters, or other material made or received by the City in conjunction with this Agreement, unless the records are exempt from Section 24( a) of Article I of the State Constitution and Section 119. 07( 1)( a), Florida Statutes. DEP Agreement No. S0693, Page 3 of 8  L • B. 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 City 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. City 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 City in writing whether the CAP proposed -has been accepted. If the CAP is not accepted, the-City-shall have ten ( 10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above shall result in the Department' s termination of the Agreement for cause as authorized in the Agreement. B. Upon the Department' s notice of acceptance of a proposed CAP, the City shall have ten ( 10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the City of any of its obligations under the Agreement. In -the event the CAP fails to correct or eliminate performance deficiencies by the City, the Department shall retain the right to require additional or further remedial steps, or to terminate the Agreement for failure to perform. No actions approved by the Department or steps taken by City shall serve to estop the Department from subsequently asserting any deficiencies in performance. City shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by the -Department Project Manager. C. Failure, -to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department. reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. 9. The City shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five ( 5) years following Agreement completion. In the event any work is subcontracted, the City shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 10. A. in addition to the requirements of the preceding paragraph, the City shall comply with the: applicable provisions contained in Attachment C, Special ,Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment summarizes the funding sources supporting the Agreement for purposes of-assisting the City in complying with the requirements of Attachment C. A revised copy of Exhibit 1 must. be provided to the City for each amendment which authorizes a funding increase or decrease. If the City fails to receive a revised copy of Exhibit 1, the City shall notify the Department' s Grants Development and Review Manager at ( 850) 245 -2361 to request a copy of the updated information. DEP Agreement No. S0693, Paged of 8  B. The City is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower fier transactions that may be a result of this Agreement The City shall consider the type of financial assistance ( federal and/ or state) identified in Attachment C, Exhibit 1 when making its determination. For federal financial assistance; the City shall utilize the guidance provided under OMB Circular A -133, Subpart B, Section _. 210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the City shall utilize the form entitled Checklist for Nonstate Organizations Recipient/ Subrecipient vs Vendor Determination' ( form number DFS- A2 -NS) that can be found under the' Links/ Forms' section appearing at the following website: https: i /apps. fldfs. com/ fsaa The City should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 11, A. The City may subcontract work under this Agreement without the prior written consent- of the Departments Project Manager. Regardless of any subcontract, the City is ultimately responsible for all work to be performed under this Agreement The City shall submit a copy of the executed subcontract to the Department within ten ( 10) days after execution. The City agrees to tie responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible. for the payment of all monies due under any subcontract. it is understood and agreed by the City that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the City shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at 850- 487 -0915. 12. In accordance with Section 216.347, Florida Statutes, the City is hereby- prohibited using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 13. The City shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The City acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The City further