Okaloosa County BOCC — December 4, 2012 — FDEP SO619 Grant Agreement — reading text

DEP AGREEMENT NO. 80619 STATE OF FLORIDA HAZARDOUS WASTE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT ASSISTANCE PURSUANT TO LINE ITEM 1692 OF THE 2012-2013 GENERAL APPROPRIATIONS ACT 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 the OKALOOSA COUNTY COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1804 Lewis Turner Boulevard, Suite 100, Fort Walton Beach, Florida 32547 (hereinafter referred to as “Grantee”, “Recipient”, or “Host County”), a unit of local government, to establish a hazardous waste cooperative collection center arrangement with the following Neighboring Counties: Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Santa Rosa, Walton, and Washington (hereinafter referred to as the “Neighboring Counties”) in accordance with Section 403.7265, Florida Statutes. In consideration of the mutual benefits to be derived herefrom the Department and the Grantee do hereby agree as follows: 1. The Grantee 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. For purposes of this Agreement, the terms “Contract” and “Agreement” and the terms “Grantee”, “Recipient” and “Host County” are used interchangeably. 2. This Agreement shall begin upon execution by both parties and end June 30, 2013, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2012 through the completion date identified above. All services shall be completed no later than June 12, 2013. Final reimbursement requests accompanied by documentation of services rendered shall be submitted no later than June 30, 2013, to assure the funding availability for final payment. 3. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis as follows: 1. For satisfactory performance, the Department agrees to reimburse the Grantee, on a cost reimbursement basis, up to $100,000 for being a host local government in planning and conducting a hazardous waste collection in the Neighboring Counties, as identified in the Interlocal Agreements included as Attachment H, under this Hazardous Waste Cooperative Collection Center Arrangement Grant. The amount cannot exceed $10,000 per task identified in Attachment A. The Department shall, on a cost reimbursement basis, compensate the Grantee for 75% of the Neighboring Counties’ collection cost, not to exceed the amounts identified in Attachment A for each Neighboring County, provided the deliverables submitted and approved. The amount cannot exceed $25,000 per task identified in Attachment A. Maximum compensation available under the terms of this Agreement shall not exceed $216,500. Expenditures for any work done prior to July 1, 2012 are not reimbursable under this Agreement. Prior written approval from the Department’s Grant Manager shall be required for changes within approved task budget categories of up to 10% of the total task budget amount. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% of the total approved task budget will require a formal change order to the Agreement. Changes that DEP Agreement No. S0619, Page 1 of 8 transfer funds from one task to another or that increase or decrease the total funding amount will require a formal amendment to the Agreement. B. The Grantee 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 for each neighboring county, in accordance with the schedule therein. Reimbursement shall be requested utilizing a separate Attachment B, Payment Request Summary Form for each neighboring county. In addition to the Summary Form, the Grantee must provide from its accounting system, a listing of expenditures per deliverable, charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. In the event that all tasks outlined in Attachment A are not satisfactorily completed within the term of this Agreement, the Grantee 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 C, Contract Payment Requirements, the Grantee 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: 1. ' Salaries/Wages — List personnel involved, salary rates and hours/time spent on project in accordance with Attachment A, Grant Work Plan. 2. Overhead/Indirect/General and Administrative Costs — 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 the Grantee exceeded the rates supported by audit, the Grantee 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. a. Fringe Benefits — Shall be reimbursed for actual costs as identified in Attachment A. b. Indirect Cost —Shall not be reimbursed under this Agreement. 3. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. 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 subcontractor exceeded the rates supported by audit, the Grantee 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 Grantee’s contract obligations to any 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 Grantee 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 DEP Agreement No. S0619, Page 2 of 8 tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. b. The Grantee 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 Grantee shall request the advance written approval from the Department’s Grant Manager of the fixed price negotiated by the Grantee. 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 Grant Manager’s approval of the fixed price amount, the Grantee 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. 4. Travel — All requests for reimbursement of travel expenses shall be in accordance with Section 112.061, Florida Statutes. 5. Equipment — (Capital outlay costing $1,000 or more) — Reimbursement for the purchase of equipment is subject to specific approval of the Department. Include copies of invoices or receipts to document purchases, and a properly completed Attachment G, Property Reporting Form. 6. Rental/Lease of Equipment — Include copies of invoices or receipts to document charges. 7. Other Expenses — e.g., Materials, supplies, non-excluded phone expenses, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices. Additionally, independent of the Grantee’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. D. In addition to the invoicing requirements contained in paragraph 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 Grantee 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). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services’ Reference Guide for State Expenditures at http://www.fidfs.com/aadir/reference%5F guide. E, 1. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are 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 Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. 2. 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 Grantee under this Agreement for non-compliance with the material terms of this DEP Agreement No. S0619, Page 3 of 8 Agreement. The Grantee, 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 Grantee to the date repayment is made by the Grantee to the Department. 3. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall