Okaloosa County BOCC — June 7, 2016 — S0834 Amendment No 1 (OGC Signed)

DEP AGREEMENT NO. S0834 AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 15th day of September, 2015, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the “Department”) and the OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the “Grantee” or “Host County”) is hereby amended. WHEREAS, due to contractual services costs being less than projected for Task 2, the Grantee has requested to revise the Task 2 budget; and, Whereas, the Department has agreed that funding needs to be reallocated between cost categories within the same task to accurately reflect project costs; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 1 is hereby revised to add the following sentence: Specific terms and conditions establishing the relationship between the Grantee or Host County and the Neighboring County/Counties are set forth in Attachment F, Interlocal Agreements, attached hereto and made a part hereof. Any terms of the Agreement and Attachment A that vary from those contained in Attachment F, shall have precedence. 2. Paragraph 3.C is hereby revised to add the following as subparagraph 3.C.iii and 3.C.iv: iii. Salaries/Wages – List personnel involved, salary rates and hours spent on the project in accordance with Attachment A, Grant Work Plan. iv. Overhead/Indirect/General and Administrative Costs – All multipliers used (i.e., fringe benefits, overhead, indirect, 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) calendar 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 not be reimbursed under this Agreement. b. Indirect Cost – Shall not be reimbursed under this Agreement. 3. Paragraph 4 is hereby deleted in its entirety and replaced with the following: 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. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 4. Paragraph 6.A is hereby revised to add the following sentence: Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. DEP Agreement No. S0834, Amendment No. 1, Page 1 of 5 5. Paragraph 7 is hereby revised to add the following as subparagraph C and subparagraph D: C. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the Department for unlawful refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreemen