Okaloosa County BOCC — May 6, 2014 — reading text

AGENDA REQUEST DATE: May 6, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Defense Infrastructure Grant Phase 4 (DIG) Agreement between Okaloosa County and Enterprise Florida DEPARTMENT: Water and Sewer BCC DISTRICT: 1 STATEMENT OF ISSUE: Staff requests that the Board of County Commissioners (BCC) approve and authorize the Chairman to execute the Defense Infrastructure Grant Agreement between the County and the Enterprise Florida Inc. This $200,000 grant is for land acquisition of a Shoal River buffer, which benefits both the Air Force (Duke Field flight path) and Okaloosa County (watershed protection for future water supply). BACKGROUND: The attached agreement is indirectly related to future water supply planning for Okaloosa County. This agreement further formalizes the partnership between the County, the state (Enterprise Florida Inc.), and Eglin AFB. These entities have the same objective of being protective of the environment, specifically north of Duke Field and south of Interstate 10. Because of Duke Field’s flight path, Eglin would like to limit development in this area and create a natural buffer. Specifically, sound attenuation is an issue that would affect the public, and light pollution is an issue that would affect the various military missions at Duke Field. This buffer area is in the same vicinity that the Board and OCWS have been committed to utilizing for future water supply. We are currently at the land acquisition stage, in order to secure land to be used for an offline reservoir, water treatment plant, wetlands mitigation, and associated infrastructure such as pipelines, pump stations, an intake structure, and the needed utilities. Land acquisition for the reservoir, water treatment plant, and other related infrastructure will be a separate transaction from the Shoal River Buffer Land Acquisition (because of other funding restrictions). An example would be the Readiness and Environmental Protection Initiative (REPI). For the Shoal River Buffer Land Acquisition funded by DIG (Defense Infrastructure Grant) and REPI, the benefit to the County is that the land acquired with these funds can be used for expanded watershed protection for future water supply, as well as additional acreage for wetlands mitigation, access, and utilities. In November 2010, the BCC approved and executed the first DIG for $500,000. In November 2011, the BCC approved and executed another DIG for $200,000. In December 2012, the BCC approved and executed the third DIG for $200,000. The current agreement under consideration is for further DIG funding in an amount not to exceed $200,000 to be used for a land purchase for buffering, as described above. This funding will be utilized as Okaloosa County’s “match” with the recent $200,000 REPI Phase 4 funding, which was recently approved by the BCC on 4/15/2014 and soon to be executed by the U.S. Air Force. As staff presented at the 12/3/2013 BCC meeting, the Shoal River Buffer Land Acquisition will be funded from four (4) REPI grants (now consolidated into the Cooperative Agreement) and Packet Pg. 400 three (3) DIGs (excludes DIG Phase 1). Staff is planning on presenting the BCC with an overall update on the status of land acquisition for the Future Water Supply Program at the 5/20/2014 BCC Meeting. The proposed Agreement is attached, along with the County Contract Review Coordination Sheet and the following exhibits: Exhibit A - Grant Application Exhibit B - Schedule of Activities Exhibit C - Award Announcement OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval for the Chairman to execute the Defense Infrastructure Grant Agreement with Enterprise Florida Inc. for $200,000 of funding for the Shoal River Military Installation Buffer Project. Staff requests that the BCC authorize the Chairman to execute the Grant Agreement and any future grant documents during the term of this grant. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 401  Agreement #: DIG 14- DEFENSE INFRASTRUCTURE GRANT AGREEMENT THIS DEFENSE INFRASTRUCTURE GRANT 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 ____________, 2014 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 2013 General Appropriations Act to provide grants for communities to fund local infrastructures projects (e.g. construction, land purchases, easements) having a positive impact on an installation’s military value (the “Grant Program”), and WHEREAS the Department of Economic Opportunity (DEO) has assigned responsibility for this program to EFI and EFI has selected the grant recipients (Exhibit C - Award Announcement), through a competitive RFP process; 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: The Parties and their respective addresses for purposes of this Agreement are as follows: EFI: Heather Cave Program Manager, Military & Defense Enterprise Florida, Inc. 1030 East Lafayette Street Suite 9 Tallahassee, Florida 32301 (850) 298-6640 (850) 878-4578(fax) hcave@eflorida.com Grantee: Charles K. Windes, Jr., Okaloosa County Board of County Commissioners Contracts & Grants 1804 Lewis Turner Blvd. Ste 206 Ft. Walton Beach, FL 32547 (850) 651-7200 ext 4381 meubanks@clerkofcourts.cc 2. AGREEMENT MANAGERS: The parties each hereby appoint an Agreement Manager to facilitate the terms of this Agreement. All written approvals referenced in this Agreement must be obtained from the Parties’ Agreement Managers or their designees. The DIG Agreement Manager is: Heather Cave, Manager, Military & Defense Page 1 of 13 Packet Pg. 402 Programs who may be reached at (850) 298-6640. The Contractor Agreement Manager is Marcella B. Eubanks, who may be reached at (850) 651-7200 ext 4381 3. TERM: The term of this Agreement shall commence as of the date of this Agreement and shall continue until the Final Report pursuant to Paragraph 12 is accepted by EFI. 4. GRANT FUNDS: Pursuant to the terms of this Agreement, EFI shall pay to the Grantee from the Grant Program an amount equal to, two hundred thousand dollars ($200,000) 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 5, 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 activity inconsistent with Section 216 Florida Statutes, relating to fixed capital outlay. (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. 5. 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 EFI 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”) within sixty (60) days after the date this Agreement is executed by both parties. These Activities shall support the purpose of this grant. The purpose of the grant is, “Shoal River Military Installation Buffering Project.” Upon EFI’s receipt and approval of the schedule, the schedule will be attached hereto as Exhibit B (the “Schedule of Activities”). 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, EFI shall notify the Grantee of its decision, in EFI’s absolute discretion, either to adopt the Proposed Schedule or not to adopt the Proposed Schedule. If in its absolute discretion EFI adopts the Proposed Schedule as submitted by the Grantee, it shall notify the Grantee in writing of its decision and from the date Page 2 of 13 Packet Pg. 403  of such notice the Proposed Schedule shall become the Schedule of Activities under this Agreement and shall be attached to this Agreement as a REVISED Schedule of Activities. If in its absolute