Okaloosa County BOCC — November 18, 2014 — Agenda — reading text

CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Tracking Number:__/ -/ Stade of Floride Grant Funded: YES No Contractor/Lessee Name: Lish endl Lildlife (anservaiion oo Purpose Eloeide Arhbecal kel Magee Greak Kw -/32¥3 Date/Term:__/¢ B [tol 5 1. Col Greater THAN $50,000 amount: “2/40, c00,c© 2. L] GREATER THAN $25,000 Department: Alie. ear£s 3. LJ $25,000 or Less Dept. Monitor Name: Assen Aahey Lethon Mea conser Document has been reviewed and includes any attachments or exhibits. Purchasing Review Procu requirements are met: CD DLA E- Date:_ 2 Lo fyy Purchasing Director or Designee Joanne Kublik Risk Management Review Approved as written: Aisha Po : a vere 1O-1- [4 Risk Manager or designee U kay Godwin or Krystal King County Attorney Review Approved as written: = See Date: 10 | 2 t i County artoey CS) Grexdry T. Stewart or Lynn Hoshihara T Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager TOURIST DEVELOPMENT DEPARTMENT CONTRACT APPROVAL FORM CONTRACTOR NAME: FWC GRANT AGREEMENT NO. 13243 PURPOSE: ARTIFICIAL REEF CONSTRUCTION TERM: 12/31/2015 AMOUNT: FWC agrees to pay the County an amount not to exceed $140,000 I have reviewed the above-referenced Contract and find it to be in compliance with the Tourist Development Department Operations & Procedures Manual, the Okaloosa County Purchasing Manual and applicable local, state and federal laws, rules and regulations. (Initial applicable authorization) LIK This approval authorizes the contract to be entered into by the County and executed by the appropriate authorizing official in accordance with the Okaloosa County Purchasing Manual. This approval authorizes the payment under the Contract to be processed for payment. APPROVED AS TO FORM AND LEGALITY: = ee, TDD ORNEY LYNN HOSHIHARA OCTOBER 22, 2014 O BSNOO + Flow) S Florida Fish and Wildlife Conservation Commission Commissioners Richard A. Corbett Chairman Tampa Brian S. Yablonski Vice Chairman Tallahassee Ronaid M. Bergeron Fort Lauderdale Aliese P. “Liesa” Priddy Immokalee Bo Rivard Panama City Charles W. Roberts III Tallahassee Executive Staff Nick Wiley Executive Director Eric Sutton Assistant Executive Director Karen Ventimiglia Chief of Staff Division of Marine Fisheries Management Jessica McCawley Director (850) 487-0554 October 15, 2014 Anthony Austermann, Marine Economic and Tourist Development Coordinator Okaloosa County Tourist Development Department 1540 Miracle Strip Parkway SW Fort Walton Beach, FL 32548 RE: Grant Agreement FWC-13243 Artificial Reef Construction Dear Mr. Austermann: Please find enclosed two (2) original copies of the above referenced Grant Agreement for your review and signature. Please sign both the Agreement signature page (Page 18 of 18), and Attachment B (page 4 of 4), “Cerifications and Assurances’. Please sign and date both copies and return all signed copies to me by courier service at the following address: Jon Dodrill FWC Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 (ph. 850.617.9628) Upon execution of the Grant Agreement by the Florida Fish and Wildlife Conservation Commission, an original, signed copy will be returned for your file. All work must be completed no later than December 31, 2015. The funds are for the 2013-14 fiscal year appropriation to the Commission’s artificial reef program. Note that the terms of the Grant Agreement incorporate the terms of your project as specified in your grant application, and the requirements of Chapter 68R-9, F.A.C. If you have any questions regarding the Grant Agreement, please contact me at (850) 617-9628 or by email at Jon.Dodrill@myfwe.com. Sincerely, (850) 487-4847 FAX s Vi L Jon Managing fish and wildlife resources for their long-term well-being and the benefit of people. a 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: (850) 488-4676 Hearing/speech-impaired: (800) 955-8771 (T) (800) 955-8770 (V) MyFWC.com W. Dodrill, Biological Administraor Artificial Reef Program Division of Marine Fisheries Management JWD Enclosures FWC Agreement No. 13243 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT NO. 13243 CFDA Title(s): not applicable CFDA No(s).: not applicable Name of Federal Agency(s): not applicable Federal Award No(s): not applicable Federal Award Year(s): not applicable Federal Award Name(s): not applicable CSFA Title(s).: Florida Artificial Reef Program CSFA No(s).: 77-007 State Award No(s).: FWC-13243 State Award Year(s): FY2013-14 State Award Name(s): Okaloosa County Artificial Reef Construction 2014-15 This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter “Commission,” and the Okaloosa County Board of County Commissioners, FEID # 59-6000765, whose address is 1804 Lewis Turner Blvd, Ft. Walton Beach, FL 32547, hereinafter “Grantee.” WHEREAS, the Commission and Grantee have partnered together to construct five new marine artificial reefs in Gulf of Mexico waters off Okaloosa County; and, WHEREAS, Grantee has been awarded Agreement number 13243 ; and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. NOW THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: 1. PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work). The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result of Grantee responses to the Commission’s request for competitive or other grant proposals, the Grantee’s response is hereby incorporated by reference. 2. PERFORMANCE. The Grantee shall perform the activities described in the Scope of Work ina proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 1 of 18 FWC Agreement No. 13243 Grantee. Grantee shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Grantee shall provide evidence of such compliance to the Commission upon request. The Grantee shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Grantee warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good-faith performance as a responsible Grantee. Grantee shall immediately notify the Commission’s Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement pursuant to Paragraph nine (9) below, in the event the Grantee’s ability to perform under this Agreement becomes compromised. AGREEMENT PERIOD. A. Agreement Period and Commission’s Limited Obligation to Pay. This Agreement is made pursuant to a grant award and shall be effective upon execution by the last Party to sign, and shall remain in effect through 12/31/2015. However, as authorized by Rule 68-1.003, F.A.C., referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. Agreements executed under this grant award shall not precede a start date of 10/01/2014. For this agreement, the retroactive start date was not approved. The Commission’s Grant Manager shall confirm the specific start date of the Agreement by written notice to the Grantee. The Grantee shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this agreement, preaward costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $140,000. B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission’s Grant Manager identified in Paragraph eleven (11), below. Unless otherwise specified in the Scope of Work, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of Work, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse the Grantee for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). Cc. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee’s Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 2 of 18 FWC Agreement No. 13243 be submitted electronically to the attention of the Commission’s Grant Manager identified in Paragraph eleven (11), below. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Grantee acknowledges that the Commission’s Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A, Scope of Work. E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be reimbursed in accordance with Section 112.061, F.S. F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a