Okaloosa County BOCC — February 11, 2013 — EFI - Grant for OEA Match — reading text

MBP 13- MILITARY BASE PROTECTION AGREEMENT THIS MILITARY BASE PROTECTION AGREEMENT (together with any written amendment hereto that hereafter may be executed and delivered by the parties, this “Agreement”) is made and entered into as of this day of , 2013 by and between ENTERPRISE FLORIDA, INC., a Florida corporation not for profit (“EFI”), and Okaloosa County (the “Grantee’). WHEREAS, the Legislature of the State of Florida has appropriated funds from Specific Appropriations in the 2012-2013 General Appropriations Act to provide grants helping communities with military bases (the “Grant Program”), and WHEREAS EFI has been authorized by the Department of Economic Opportunity (DEO) to manage and administer these funds for defense-dependent communities, and; WHEREAS, the Grantee is an organization eligible to receive funding under the Grant Program; and WHEREAS, the parties desire to enter into this Agreement, whereby the Grantee shall be awarded grant funding under the Grant Program, as provided herein, for the purpose or project (the “Project”) described in the application that the Grantee submitted to EFI for this purpose, a copy of which is attached hereto as Exhibit A (the “Grant Application”); NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Parties. All notices between the parties provided for herein shall be by either confirmed facsimile transmission, confirmed electronic mail, business mail service, or certified mail, return receipt requested, delivered to the following address of each party: EFI: Heather Cave Program Manager, Military & Defense Enterprise Florida, Inc. 1030 East Lafayette Street, Suite 9 Tallahassee, Florida 32301 850) 298-6620 (850) 298-6658(fax) hcave@eflorida.com Grantee: Brenda Bailey Contracts and Grants 1804 Lewis Turner Boulevard Fort Walton Beach, FL 32547 850-651-7200 x4381 850-609-5029 (fax) bbailey@clerkofcourts.cc The address of either party provided in this Paragraph 1 may be changed by such party upon reasonable notice to the other party given in the manner specified in this Paragraph. 2. Term. The term of this Agreement shall commence as of , 2013 and shali continue until the project is complete. Initials Page 1 of 13 3. 4. Initials Notices. Any notice, demand, request or other communication shall be effective only if and when received by the Agreement Manager Modification/Amendment. a. This Agreement may not be altered, modified, or changed in any manner, except pursuant to a written agreement executed and delivered by each of the parties. Modification of the grant purpose or goals must be approved by EF]. Additionally, any such modification, amendment or change shall be effective on the date of delivery or such later date as the parties may agree therein. b. Modification of this Agreement or any notices permitted or required under this Agreement may be made by facsimile transmission. Receipt of the facsimile transmission shall for the purposes of this Agreement be deemed to be an original, including signatures. Exhibits. Attached to and made a part of this Agreement are the following Exhibits; each of which is incorporated into and is an integral part of this Agreement: Exhibit A - Application Exhibit B - Scope of Work (Schedule of Activities) Exhibit C - Budget Exhibit D - Audit Requirements Scope of Work. If the amount of the grant award matches the project application the Application Schedule of Activities shall apply. If the grant amount was modified by the award committee, the Grantee shall deliver to EFl a Schedule of Activities in which is described each activity to be performed by the Grantee under this Agreement (individually, an “Activity”; collectively, the “Activities”) and a Project Budget (a “Budget”) within thirty (30) days after the date this Agreement is executed by both parties. These Activities and Budget shall support the purpose of this grant. Upon EFI’s receipt and approval of the schedule, the schedule will be attached hereto as Exhibit B (the “Schedule of Activities”) and the Budget as Exhibit C. The Grantee shall perform and accomplish each Activity set forth in the Schedule of Activities on or before the respective due date of such Activity indicated therein. The Schedule of Activities at any time in effect may be revised from time to time for the purpose of this grant in accordance with the following procedures: a. Grantee shall provide a revised Schedule of Activities that provides an update on all activities completed and initiated including any reimbursement requested. A Proposed Schedule of Activities will indicate new activities, due dates and budget adjustments. b. Within thirty (30) days after receiving any such Proposed Schedule and Budget, EF! shall notify the Grantee of its decision, in EFl’s absolute discretion, either to adopt the Proposed Schedule and Budget or not to adopt the Proposed Schedule or Budget. If in its absolute discretion EFI adopts the Proposed Schedule and Budget as submitted by the Grantee, it shall notify the Grantee in writing of its decision and from the date of such notice the Proposed Schedule and Budget shall become the Schedule of Activities and Budget under this Agreement and shall be attached to this Agreement as a REVISED Schedule of Activities and REVISED Budget. If in its absolute discretion EFI elects not to adopt the Proposed Schedule or Budget, or if EFI fails to give Grantee written notice within such thirty (30) day period, the current Schedule of Activities and Budget shall continue to be the Schedule of Activities and Budget. Page 2 of 13 Initials c. The Schedule of Activities and any Proposed Schedule may incorporate by reference the Activities indicated on a work plan, schedule, or other document prepared by the Grantee or any other person or entity, provided that it contains the information required by this Paragraph 6. Grant Funds. Pursuant to the terms of this Agreement, EFI shall pay to the Grantee from the Military Base Protection Grant Program an amount equal to the lesser of Eight Thousand, five hundred and eighty dollars ($8,580) or the amount actually expended by the Grantee on the Project (in total or any part thereof, the “Funds”). In consideration of such grant, Grantee agrees as follows: a. The Funds shall be expended solely for the purpose of the Project and the accomplishment of the Activities, as provided by Paragraph 6, or for the reimbursement of the Grantee’s own funds theretofore expended for the same purpose. Unless specifically authorized in the Schedule of Activities, the Grantee shall not use the Funds for any of the following expenses: (1) salaries of Grantee’s employees; (2) travel or incidental costs; (3) lobbying the Legislature, the Courts, or any state agency of the State of Florida; (4) administration of the Project; or, (5) any Project expenditures incurred before EFI signs the contract. (6) Contract audit costs b. Any Funds not expended on the Project will be forfeited to the State of Florida. c. Any expenditure in connection with the Project that exceeds the total amount of the Funds shall be the sole responsibility of the Grantee. Unless EFI otherwise agrees in its discretion, Grantee shall be required to complete the Project even if it must expend its own funds to do so. Initial Deliverables and Disbursement. Upon EFI’s receipt and approval of the Project Budget and Schedule of Activities pursuant to Paragraph 6, EFI shall pay to the Grantee the initial disbursement in respect of the Funds an amount equal to one quarter of the grant amount Two Thousand, one hundred forty-five dollars ($2,145). The initial disbursement may be made within 90 days of receipt of the initial deliverables. Status Report. Until completion of the Project, the Grantee shall deliver to EF] quarterly project status reports (each, a “Status Report”) as follows: a. Grantee shall deliver a Status Report to EFI on or before the tenth (10'") day following the last day of each Reporting Quarter during the term of this Agreement, even if there are no activities to report on. As used in this Agreement, a “Reporting Quarter” shall mean a quarter of the Fiscal Year that begins on July 1 with the first quarter ending on September 30. Report schedule is: Page 3 of 13 Initials For activity in months of: Status Report due by : Jan, Feb, Mar April 10 Apr, May, June July 10 Jul, Aug, Sept October 10 Oct, Nov, Dec January 10 If the 10" is not a business day, the report is due the next business day. b. Each Status Report shall outline the Grantee’s progress in completion of the Project during the Reporting Quarter for which the Status Report is delivered. Including the format provided by EFI for sections (1) — (6), it shall specifically include the following information: (1) A list of the Activities indicated in the Schedule of Activities and Budget to be completed during the Reporting Quarter and that actually were completed during the Reporting Quarter (“Completed Scheduled Activities”). For each Completed Scheduled Activity, the Status Report shall indicate the date of completion and the actual expenditures in relation thereto for which disbursement of Funds is requested. Attached to the Status Report, and clearly labeled, shall be evidence that each Completed Scheduled Activity was completed as indicated in the Status Report, which evidence may include copies of reports, statements, photographs, or any other appropriate documentation; (2) A list of the Activities indicated in the Schedule of Activities and Budget to be completed during the Reporting Quarter for which progress toward completion was made but that were not completed during the Reporting Quarter (‘Partially Completed Scheduled Activities’). For each Partially Completed Scheduled Activity, the Status Report shall indicate as a percentage the Grantee’s progress in completion and shall describe briefly the reasons why the activity was not completed. The Status Report also shall indicate the actual expenditures in relation to each Partially Completed Scheduled Activity for which disbursement of Funds is requested. Attached to the Status Report, and clearly labeled, shall be evidence of the Grantee’s progress in completion of the Partially Completed Scheduled Activity, which evidence may include copies of reports, statements, photographs, or any other appropriate documentation; (3) A list of Activities indicated in the Schedule of Activities and Budget to be completed during the Reporting Quarter for which no progress was made toward completion during the Reporting Quarter (Incomplete Scheduled Activities”). For each Incomplete Scheduled Activity, the Project Status Report shall briefly describe the reasons why no progress was made toward completion of such Activity during the Reporting Quarter; (4) A list of Activities completed during the Reporting Quarter that were not indicated in the Schedule of Activities or Budget to be completed during the Reporting Quarter (“Completed Unscheduled Activities”). For each Completed Unscheduled Activity, the Status Report shall indicate the date of completion and the actual expenditures in relation thereto for which disbursement of Funds is requested. Attached to the Status Report, and clearly labeled, shall be evidence that each Completed Unscheduled Activity was completed, which evidence may include copies of reports, statements, photographs, or any other appropriate documentation; (5) A summary of the Grantee’s actual expenditures related to the Project during the Reporting Quarter, and for which disbursement of Funds has been Page 4 of 13 received or is to be requested, compared to the anticipated expenditures for the Reporting Quarter as indicated in the Schedule of Activities; (6) A summary of the Grantee’s actual expenditures related to