Okaloosa County BOCC — June 7, 2016 — Bluewater MSBU Grant Agreement

AGREEMENT FOR IMPLEMENTATION OF BLUEWATER BAY MSBU HAZARD MITIGATION GRANT PROJECT This AGREEMENT (“Agreement”) is entered into this day of , 2016, by and between Okaloosa County, Florida through its Board of County Commissioners (the “County”) and the Board of the Bluewater Bay Municipal Services Benefit Unit (the “MSBU”) for the purpose of administering Hazard Mitigation Grant Agreement Number {6HM-H4-01-56-01-300, Project 4177-06-R (“Grant Agreement™). RECITALS WHEREAS, on December 16, 2014, the Board of County Commissioners authorized submittal of an application to the Florida Division of Emergency Management on behalf of the Bluewater Bay Municipal Services Benefit Unit (the “MSBU”) to receive funds through the Hazard Mitigation Grant Program to perform surveys, engineering analyses, and physical improvements to alleviate drainage problems within the Curacao Bay/Southwind Drive area of the Bluewater Bay development; and WHEREAS, the application was timely submitted to the Florida Division of Emergency Management (the “FDEM™) which approved the project in two phases, Phase 1 consisting of a topographic survey of the drainage basin to confirm the basin boundaries, pipe invert elevations, inlet top elevations, and other drainage features, a hydraulic study and recommended improvements to the drainage system to mitigate future flooding, and designs and permitting, while Phase II is expected to include a series of pipe replacement improvements in a number of locations as required by the results of Phase I; and WHEREAS, as provided in Grant Agreement 16HM-H4-01-56-01-300, Project 4177-06-R, the total project cost for Phase Tis $130,240 for which the Federal share is $97,680 (75%) and the required local match requirement is $32,560 (25%); and WHEREAS, during its regular meeting of December 15, 2015, the Board of County Commissioners approved Grant Agreement 16HM-H4-01-56-01-300, Project 4177-06-R and agreed to provide $10,000 of the local match through in-kind surveying and engineering services, with the MSBU being responsible for the remainder of the local match; and WHEREAS, the County’s approval was conditioned on entering into an agreement with the MSBU concerning the administration of the Grant Agreement prior to encumbering any staff time for local match; and WHEREAS, the cost and match requirements for Phase II will depend on the results of Phase I and will be subject to a subsequent agreement. NOW THEREFORE, in consideration of the mutual covenants expressed herein, the County and MSBU do hereby agree as follows: Page 1 of § Section 1. Recitals. All of the above recitals are true and correct and incorporated herein as essential terms of this Agreement. Seetion 2. Generally. The project shall be as described in the Scope of Work of the fully executed subgrant agreement attached hereto as Attachment “A”. Section 3. MSBU Responsibilities. A. Unless otherwise provided in Section 4 below, the MSBU shall be responsible for all Tasks and Deliverables described in Attachment “A”. Any engineers, surveyors, or other contractors hired by the MSBU in fulfiliment of this responsibility shall possess all the requisite state and local licenses and insurance. B. All procurement, including contract award(s), shall be in compliance with the Okaloosa County Purchasing Manual and the laws of the State of Florida in effect at the time of such procurement. C. The MSBU agrees to comply with and shall be bound by all terms of Hazard Mitigation Grant Agreement Number 16HM-H4-01-56-01-300 Project 4177-06-R. D. The MSBU shall retain records and provide copies thereof to the County for any procurement done in performance of the project described in Attachment “A”. E. The MSBU shall provide to the County no later than thirty (30) days prior to the termination of Hazard Mitigation Grant Agreement Number 16HM-H4-01-56-01-300 Project 4177-06-R an amount no less than $22,560 in order to provide its share of the local match requirement