Okaloosa County BOCC — May 6, 2014 — reading text

discretion EFI elects not to adopt the Proposed Schedule, or if EFI fails to give Grantee written notice within such thirty (30) day period, the current Schedule of Activities shall continue to be the Schedule of Activities. 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 5. d. The state expects no more than a three year execution term; grantees will have three years from the date of the contract execution to complete their project. Contract term extensions will be evaluated on a case by case basis. 6. INITIAL DELIVERABLES and DISBURSEMENT: Upon EFI’s receipt and approval of the initial deliverables consisting of the Schedule of Activities, pursuant to Paragraph 5, EFI shall pay to the Grantee the initial disbursement in respect of the Funds an amount equal to one quarter of the grant amount one hundred twenty-five thousand dollars ($125,000). The initial disbursement may be made within 90 days of receipt of the initial deliverables. 7. STATUS REPORT: Until completion of the Project, the Grantee shall deliver to EFI quarterly project status reports (each, a “Status Report”) as follows: a. Grantee shall deliver a Status Report to EFI on or before the tenth (10th) 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: 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 10th 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 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 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 Page 3 of 13 Packet Pg. 404 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 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 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 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 the Project since the date of this Agreement, and for which disbursement of Funds has been received or is to be requested, compared to the anticipated expenditures since the date of this Agreement as indicated in the Schedule of Activities; (7) To the extent the same is material, a summary and explanation of any unanticipated changes among the Grantees, subcontractors, and other participants involved in the Project; and (8) A summary and explanation of any other material changes that may affect the outcome or commercial potential of the Project. (9) A report on the use of Women and Minority Vendors as described in Paragraph 18. 8. INVOICE: With each Status Report that includes expenditures for reimbursement, the Grantee shall deliver to EFI an invoice, accompanied by a signed and dated Compliance Certification Form, (provided by EFI), that includes the following information: a. All expenditures related to the Completed Scheduled Activities for which disbursement of the Funds is requested; b. All expenditures related to the Partially Completed Scheduled Activities for which disbursement of the Funds is requested; c. All expenditures related to Completed Unscheduled Activities for which disbursement of the Funds is requested; d. any other unreimbursed expenditures related to Activities completed in prior Reporting Quarters or otherwise for which disbursement of the Funds is requested; and Page 4 of 13 Packet Pg. 405  e. detailed receipts or documentation for all expenditures. 9. DISBURSEMENT OF FUNDS: After receiving the Status Report, invoice and Compliance Certification Form and approval of the same, EFI shall disburse to the Grantee an amount equal to the cumulative amount of unreimbursed expenditures for Completed Scheduled Activities indicated therein, provided that EFI shall be required to disburse no more than the amount of anticipated expenditures related to each Completed Scheduled Activity indicated on the Schedule of Activities. Within EFI’s absolute discretion, EFI also may disburse to the Grantee an amount equal to or less than one or more of the following: a. the cumulative amount of unreimbursed expenditures for Partially Completed Activities indicated in the Invoice; b. the cumulative amount of unreimbursed expenditures for Completed Unscheduled Activity; or c. the amount of unreimbursed expenditures for Completed Scheduled Activities that exceeds the anticipated expenditures related thereto as indicated in the Schedule of Activities d. any other unreimbursed expenditures related to Activities completed in prior Reporting Quarters or otherwise related thereto as indicated in the Schedule of Activities. With each disbursement of Funds, EFI shall deliver to the Grantee a statement indicating the amount of Funds disbursed in relation to items (a) through (d) above. If the disbursement of Funds is less than the invoice amount EFI shall deliver to the Grantee a statement indicating the amount of Funds disbursed in relation to the Completed Scheduled Activities, the Partially Completed Scheduled Activities, the Completed Unscheduled Activities, and any other Activities and purposes. 10. FINAL DISBURSEMENT: Notwithstanding anything herein to the contrary, EFI shall release final Grant Funds of Two Thousand dollars ($2,000) or Ten percent (10%) whichever is less upon EFI’s receipt and acceptance of the Final Project Report required by Paragraph 12. The acceptance of final payment, and delivery of the Final Audit Report required in Paragraph 13, under this Agreement, or the acceptance of final payment upon early termination hereof, shall constitute full and complete release of EFI by the Grantee from any and all claims, demands, and courses of action whatsoever. 11. AVAILABILITY OF GRANT FUNDS: EFI’s obligations under this Agreement are contingent upon the continued availability to EFI of legislatively appropriated funds from the Grant Program in the amount known to EFI at the time this Agreement is executed, which amount may be used in support of this Agreement. The determination whether funds are available for the purposes of this Paragraph shall be made by EFI in its absolute discretion. 12. FINAL PROJECT REPORT: Grantee shall submit a Final Project Report within forty-five (45) days following Grantee’s completion of the Activities or termination of the grant agreement. Final disbursement shall be made only after EFI has approved the Final Project Report, which shall include the following information: a. a certification that the Project, including all of the Activities, has been completed in compliance with the terms and conditions of this Agreement; b. a certification that the Project meets state and local construction standards, as applicable; c. the total amount of Funds received from EFI pursuant to this Agreement; Page 5 of 13 Packet Pg. 406  d. the total amount of funds received from other sources in relation to the Project; e. the total amount of Project expenditures paid or reimbursed from the Funds; and f. an explanation of any material changes in circumstances that may affect the outcome or commercial potential of the Project. 13. FINAL AUDIT REPORT: Grantee shall inform the Agreement Manager of the type of audit that will be delivered at the end of the agreement. a. Within forty-five (45) days following the completion of all of the Activities or termination of the grant agreement, the Grantee shall cause there to be prepared at the