2020-03-17 Ex 06Agreement # P0368
Rev. 5/30/19
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COMMUNITY PLANNING TECHNICAL ASSISTANCE
GRANT AGREEMENT
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
THIS GRANT AGREEMENT (“Agreement”) is made and entered into by and between the State of Florida,
Department of Economic Opportunity (“DEO”), and The City of Okeechobee (“Grantee”). DEO and
Grantee are sometimes referred to herein individually as a “Party” and collectively as “the Parties.”
WHEREAS, DEO has the authority to enter into this Agreement and distribute State of Florida
funds (“Award Funds”) in the amount and manner set forth in this Agreement and in the following
Attachments incorporated herein as an integral part of this Agreement:
Attachment 1: Scope of Work
Attachment 1-A: Invoice: Grantee’s Subcontractor(s) (Contractual Services)
Attachment 1-B: Invoice: Grantee’s Employee(s)
Attachment 1-C: Invoice: Combination of Grantee’s Subcontractor(s) and Grantee’s
Employee(s)
Attachment 1-D: Grant Agreement Final Closeout Form
Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements
Attachment 3: Audit Compliance Certification
WHEREAS, the Agreement and its aforementioned Attachments are hereinafter collectively
referred to as the “Agreement”, and if any inconsistencies or conflict between the language of this
Agreement and its Attachments arise, then the language of the Attachments shall control, but only to the
extent of the conflict or inconsistency;
WHEREAS, Grantee hereby represents and warrants that Grantee’s signatory to this Agreement
has authority to bind Grantee to this Agreement as of the Effective Date and that Grantee, through its
undersigned duly-authorized representative in his or her official capacity, has the authority to request,
accept, and expend Award Funds for Grantee’s purposes in accordance with the terms and conditions of
this Agreement;
NOW THEREFORE, for and in consideration of the covenants and obligations set forth herein and
for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties intending to be legally bound hereby agree to perform the duties described herein in this
Agreement as follows:
A. AGREEMENT PERIOD
This Agreement is effective as of July 1, 2019 (the “Effective Date”) and shall continue until the
earlier to occur of (a) June 30, 2020 (the “Expiration Date”) or (b) the date on which either Party
terminates this Agreement (the “Termination Date”). The period of time between the Effective
Date and the Expiration Date or Termination Date is the “Agreement Period”.
B. FUNDING
This Agreement is a cost reimbursement Agreement. DEO shall pay Grantee up to Seven
Thousand Four Hundred Fifty Dollars ($7,450.00) in consideration for Grantee’s performance
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under this Agreement. DEO, in its sole and absolute discretion, may provide Grantee an advance
of Award Funds under this Agreement. Travel expenses are authorized under this Agreement.
Grantee shall submit bills for such travel expenses and shall be reimbursed only in accordance
with s. 112.061, F.S., and the Invoice Submittal Procedures delineated in Attachment 1: Scope of
Work. DEO shall not pay Grantee’s costs related to this Agreement incurred outside of the
Agreement Period. In conformity with s. 287.0582, F.S., the State of Florida and DEO’s
performance and obligation to pay any Award Funds under this Agreement is contingent upon an
annual appropriation by the Legislature. DEO shall have final unchallengeable authority as to both
the availability of funds and what constitutes an “annual appropriation” of funds. Grantee shall
not expend Award Funds for the purpose of lobbying the Legislature, the judicial branch, or a state
agency. Grantee shall not expend Award Funds to pay any costs incurred in connection with any
defense against any claim or appeal of the State of Florida or any agency or instrumentality
thereof (including DEO); or to pay any costs incurred in connection with the prosecution of any
claim or appeal against the State of Florida or any agency or instrumentality thereof (including
DEO), which Grantee instituted or in which Grantee has joined as a claimant. Grantee shall either
(i) maintain Award Funds in a separate bank account, or (ii) expressly designate in Grantee’s
business records and accounting system that the Award Funds originated from this Agreement.
Grantee shall not commingle Award Funds with any other funds. DEO may refuse to reimburse
Grantee for purchases made with commingled funds. Grantee’s costs must be in compliance with
all laws, rules, and regulations applicable to expenditures of State funds, including the Reference
Guide for State Expenditures
(https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforSt
ateExpenditures.pdf).
C. ELECTRONIC FUNDS TRANSFER
Within 30 calendar days of the date the last Party has signed this Agreement, Grantee shall enroll
in Electronic Funds Transfer (EFT) from the State’s Chief Financial Officer. Copies of the
Authorization form and a sample blank enrollment letter can be found on the vendor instruction
page at: https://www.myfloridacfo.com/Division/AA/Vendors/. Questions should be
directed to the EFT Section at (850) 413-5517. Once enrolled, EFT shall make invoice payments.
D. RENEGOTIATION OR MODIFICATION
The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable
laws or regulations make changes to this Agreement necessary. In addition to changes
necessitated by law, DEO may at any time, with written notice to Grantee, make changes within
the general scope and purpose of this Agreement, at DEO’s sole and absolute discretion. Such
changes may include modifications of the requirements, changes to processing procedures, or
other changes as decided by DEO. Grantee shall be responsible for any due diligence necessary
to determine the impact of each aforementioned modification or change. Any modification of
this Agreement Grantee requests must be in writing and duly signed and dated by all Parties in
order to be valid and enforceable.
E. AUDITS REQUIREMENTS AND COMPLIANCE
1. Section 215.971, Florida Statutes (“F.S.”). Grantee shall comply with all applicable provisions
of s. 215.97, F.S., and Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements.
Grantee shall perform the deliverables and tasks set forth in Attachment 1, Scope of Work.
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Grantee may only expend Award Funds for allowable costs resulting from obligations incurred
during the Agreement Period. Grantee shall refund to DEO any: (1) balance of unobligated
Award Funds which have been advanced or paid to Grantee; or (2) Award Funds paid in excess
of the amount to which Grantee is entitled under the terms and conditions of this Agreement
and Attachments hereto, upon expiration or termination of this Agreement.
2. Audit Compliance. Grantee understands and shall comply with the requirements of s.
20.055(5), F.S. Grantee agrees to reimburse the State for the reasonable costs of investigation
the Inspector General or other authorized State official incurs for investigations of Grantee’s
compliance with the terms of this or any other agreement between the Grantee and the State
which results in the suspension or debarment of Grantee. Grantee shall not be responsible
for any costs of investigations that do not result in Grantee’s suspension or debarment.
F. RECORDS AND INFORMATION RELEASE
1. Records Compliance. DEO is subject to the provisions of chapter 119, F.S., relating to public
records. Any document Grantee submits to DEO under this Agreement may constitute public
records under the Florida Statutes. Grantee shall cooperate with DEO regarding DEO’s efforts
to comply with the requirements of chapter 119, F.S. Grantee shall respond to requests to
inspect or copy such records in accordance with chapter 119, F.S. for records made or received
by Grantee in connection with this Agreement. Grantee shall immediately notify DEO of the
receipt and content of any request by sending an e-mail to PRRequest@deo.myflorida.com
within one business day after receipt of such request. Grantee shall indemnify, defend, and
hold DEO harmless from any violation of Florida’s public records laws wherein DEO’s
disclosure or nondisclosure of any public record was predicated upon any act or omission of
Grantee. As applicable, Grantee shall comply with Section 501.171, F.S. DEO may terminate
this Agreement if Grantee fails to comply with Florida’s public records laws. Grantee shall
allow public access to all records made or received by Grantee in connection with this
Agreement, unless the records are exempt from s. 24(a) of Article I o f the State Constitution
or s. 119.07(1), F.S.
2. Identification of Records. Grantee shall clearly and conspicuously mark all records submitted
to DEO if such records are confidential and exempt from public disclosure. Grantee’s failure
to clearly mark each record and identify the legal basis for each exemption from the
requirements of chapter 119, F.S., prior to delivery of the record to DEO serves as Grantee’s
waiver of a claim of exemption. Grantee shall ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except
as authorized by law for as long as those records are confidential and exempt pursuant to
Florida law. If DEO’s claim of exemption asserted in response to Grantee’s assertion of
confidentiality is challenged in any court of law, Grantee shall defend, assume, and be
responsible for all fees, costs, and expenses in connection with such challenge.
3. Keeping and Providing Records. DEO and the State have an absolute right to view, inspect,
or make or request copies of any records arising out of or related to this Agreement. The
Grantee has an absolute duty to keep and maintain all records arising out of or related to this
Agreement. DEO may request copies of any records made or received in connection with this
Agreement, or arising out of Grantees use of Award Funds, and Grantee shall provide DEO
with copies of any records within 10 business days after DEO’s request at no cost to DEO.
Grantee shall maintain all books, records, and documents in accordance with generally
accepted accounting procedures and practices which sufficiently and properly reflect all
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expenditures of Award Funds. For avoidance of doubt, Grantee’s duties to keep and provide
records to DEO includes all records generated in connection with or as a result of this
Agreement. Upon expiration or termination of this Agreement, the Grantee shall transfer, at
no cost, to DEO all public records in possession of Grantee or keep and maintain public records
required by DEO to perform the service. If the Grantee keeps and maintains public records
upon completion of this Agreement, the Grantee shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to DEO, upon
request from DEO’s custodian of records, in a format that is compatible with the information
technology systems of DEO.
4. Audit Rights. Representatives of the State of Florida, DEO, the State Chief Financial Officer,
the State Auditor General, the Florida Office of Program Policy Analysis and Government
Accountability or representatives of the federal government and their duly authorized
representatives shall have access to any of Grantee’s books, documents, papers, and records,
including electronic storage media, as they may relate to this Agreement, for the purposes of
conducting audits or examinations or making excerpts or transcriptions.
5. Single Audit Compliance Certification. Annually within 60 calendar days of the close of
Grantee’s fiscal year, Grantee shall electronically submit a completed Audit Compliance
Certification (a version of this certification is attached hereto as Attachment 3) to
Audit@deo.myflorida.com. Grantee’s timely submittal of one completed Audit Compliance
Certification for each applicable fiscal year will fulfill this requirement for all agreements
between DEO and Grantee.
6. Ensure Compliance. Grantee shall ensure that any entity which is paid from, or for which
Grantee’s expenditures will be reimbursed by, Award Funds, is aware of and will comply with
the aforementioned audit and record keeping requirements.
7. Contact Custodian of Public Records for Questions. IF THE GRANTEE HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
TO THE GRANTEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at (850)
245-7140, via e-mail at PRRequest@deo.myflorida.com, or by mail at Department of
Economic Opportunity, Public Records Coordinator, 107 East Madison Street,
Caldwell Building, Tallahassee, Florida 32399-4128.
G. TERMINATION
1. Termination due to Lack of Funds: In the event funds to finance this Agreement become
unavailable or if federal or state funds upon which this Agreement is dependent are
withdrawn or redirected, DEO may terminate this Agreement upon no less than twenty-four
(24) hour written notice to Grantee. DEO shall be the final authority as to the availability of
funds and will not reallocate funds earmarked for this Agreement to another program thus
causing “lack of funds.” In the event of termination of this Agreement under this provision,
Grantee will be paid for any work satisfactorily completed prior to notification of termination.
The lack of funds shall not constitute DEO’s default under this Agreement.
2. Termination for Cause: DEO may terminate the Agreement if Grantee fails to: (1) deliver the
services within the time specified in the Agreement or any extension; (2) maintain adequate
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progress, thus endangering performance of the Agreement; (3) honor any term of the
Agreement; or (4) abide by any statutory, regulatory, or licensing requirement. The rights and
remedies of DEO in this clause are in addition to any other rights and remedies provided by
law or under the Agreement. Grantee shall not be entitled to recover any cancellation charges
or lost profits.
3. Termination for Convenience: DEO, by written notice to Grantee, may terminate this
Agreement in whole or in part when DEO determines in DEO’s sole and absolute discretion
that it is in DEO’s interest to do so. Grantee shall not provide any deliverable pursuant to
Attachment 1: Scope of Work after it receives the notice of termination, except as DEO
otherwise specifically instructs Grantee in writing. Grantee shall not be entitled to recover
any cancellation charges or lost profits.
4. Grantee’s Responsibilities Upon Termination: If DEO issues a Notice of Termination to
Grantee, except as DEO otherwise specifies in that Notice, Grantee shall: (1) Stop work under
this Agreement on the date and to the extent specified in the notice; (2) complete
performance of such part of the work DEO does not terminate; (3) take such action as may be
necessary, or as DEO may specify, to protect and preserve any property which is in the
possession of Grantee and in which DEO has or may acquire an interest; and (4) upon the
effective date of termination, Grantee shall transfer, assign, and make available to DEO all
property and materials belonging to DEO pursuant to the terms of this Agreement and all
Attachments hereto. Grantee shall not receive additional compensation for Grantee’s
services in connection with such transfers or assignments.
5. Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the
other for any delay or failure to perform under this Agreement if such delay or failure is
neither the fault nor the negligence of the Party or its employees or agents and the delay is
due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar
cause wholly beyond the Party’s control, or for any of the foregoing that affects
subcontractors or suppliers if no alternate source of supply is available. However, in the event
of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate
any and all resulting delay or disruption in the Party’s performance obligation under this
Agreement. If the delay is excusable under this FORCE MAJEURE AND NOTICE OF DELAY
FROM FORCE MAJEURE section, the delay will not result in any additional charge or cost under
the Agreement to either Party. In the case of any delay Grantee believes is excusable under
this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, Grantee shall
notify DEO in writing of the delay or potential delay and describe the cause of the delay either:
(1) within 10 calendar days after the cause that creates or will create the delay first arose, if
Grantee could reasonably foresee that a delay could occur as a result; or (2) within five
calendar days after the date Grantee first had reason to believe that a delay could result, if
the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE’S
SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance
with this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section is a
condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is
excusable under this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section
and will notify Grantee of its decision in writing. No claim for damages, other than for an
extension of time, shall be asserted against DEO. Grantee shall not be entitled to an increase
in the Agreement price or payment of any kind from DEO for direct, indirect, consequential,
impact, or other costs, expenses or damages, including but not limited to costs of acceleration
or inefficiency arising because of delay, disruption, interference, or hindrance from any cause
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whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the
causes described in this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE
section, after the causes have ceased to exist, Grantee shall perform at no increased cost,
unless DEO determines, in its sole discretion, that the delay will significantly impair the value
of the Agreement to DEO or the State, in which case, DEO may terminate the Agreement in
whole or in part.
H. BUSINESS WITH PUBLIC ENTITIES
Grantee is aware of and understands the provisions of s. 287.133(2)(a), F.S., and s. 287.134(2)(a),
F.S. As required by s. 287.135(5), Grantee certifies that it is not: (1) listed on the Scrutinized
Companies that Boycott Israel List, created pursuant to s. 215.4725, F.S.; (2) engaged in a boycott
of Israel; (3) listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473,
F.S.; or (4) engaged in business operations in Cuba or Syria. DEO may immediately terminate this
Agreement if Grantee submits a false certification as to the above, or if Grantee is placed on the
Scrutinized Companies that Boycott Israel List, engages in a boycott of Israel, is placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or has engaged in business operations in Cuba or Syria.
I. CONTINUING DISCLOSURE OF LEGAL PROCEEDINGS. (Not applicable)
J. ADVERTISING AND SPONSORSHIP DISCLOSURE
1. Limitations on Advertising of Agreement. DEO does not endorse any Grantee, commodity,
or service. Subject to chapter 119, F.S., Grantee shall not publicly disseminate any information
concerning this Agreement without prior written approval from DEO, including, but not
limited to mentioning this Agreement in a press release or other promotional material,
identifying DEO or the State as a reference, or otherwise linking Grantee’s name and either a
description of the Agreement or the name of DEO or the State in any material published,
either in print or electronically, to any entity that is not a Party to this Agreement, except
potential or actual employees, agents, representatives, or subcontractors with the
professional skills necessary to perform the work services required by the Agreement.
2. Disclosure of Sponsorship. As required by Section 286.25, F.S., if Grantee is a
nongovernmental organization which sponsors a program financed wholly or in part by state
funds, including any funds obtained through this Agreement, it shall, in publicizing,
advertising, or describing the sponsorship of the program, state: “Sponsored by (Grantee’s
name) and the State of Florida, Department of Economic Opportunity.” If the sponsorship
reference is in written material, the words “State of Florida, Department of Economic
Opportunity” shall appear in the same size letters or type as the name of the organization.
K. INVOICES AND PAYMENTS
1. Grantee will provide DEO’s Agreement Manager invoices in accordance with the
requirements of the State of Florida Reference Guide for State Expenditures
(https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuidef
orStateExpenditures.pdf) , with detail sufficient for a proper pre-audit and post-audit
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thereof. Grantee shall comply with the Invoice Submittal and Payment provisions of Section
10 of Attachment 1, Scope of Work, and with the following requirements:
a. Invoices must be legible and must clearly reflect the goods/services that were provided
in accordance with the terms of the Agreement for the invoice period. Payment does not
become due under the Agreement until the invoiced deliverable(s) and any required
report(s) are approved and accepted by DEO.
b. Invoices must contain the Grantee’s name, address, federal employer identification
number or other applicable Grantee identification number, the Agreement number, the
Grantee’s invoice number, an invoice date, the dates of service, the deliverable number,
a description of the deliverable, a statement that the deliverable has been completed,
and the amount being requested. DEO or the State may require any additional
information from Grantee that DEO or the State deems necessary to process an invoice.
c. Invoices must be submitted in accordance with the time requirements specified in the
Scope of Work.
2. At DEO’s or the State's option, Grantee may be required to invoice electronically pursuant to
guidelines of the Department of Management Services.
3. Payment shall be made in accordance with Section 215.422, F.S., Rule 69I-24, F.A.C., and
Section 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422,
F.S., provides that agencies have five (5) working days to inspect and approve goods and
services unless the Scope of Work specifies otherwise. DEO has twenty (20) days to deliver a
request for payment (voucher) to the Department of Financial Services. The twenty (20) days
are measured from the latter of the date the invoice is received or the goods or services are
received, inspected and approved. The Scope of Work may specify conditions for retainage.
Invoices returned to a Grantee due to preparation errors will result in a delay of payment.
Invoice payment requirements do not start until a properly completed invoice is provided to
DEO. DEO is responsible for all payments under the Agreement.
4. Section 55.03(1), F.S., identifies the process applicable to the determination of the rate of
interest payable on judgments and decrees, and pursuant to Section 215.422(3)(b), F.S., this
same process applies to the determination of the rate of interest applicable to late payments
to vendors for goods and services purchased by the State and for contracts which do not
specify a rate of interest. The applicable rate of interest is published at:
https://www.myfloridacfo.com/Division/AA/LocalGovernments/Current.htm
5. Grantee shall submit the final invoice for payment to DEO no later than 60 days after the
Agreement ends or is terminated. If Grantee fails to do so, DEO, in its sole discretion, may
refuse to honor any requests submitted after this time period and may consider Grantee to
have forfeited any and all rights to payment under this Agreement.
L. RETURN OR RECOUPMENT OF FUNDS
1. Recoupment. Notwithstanding anything in this Agreement to the contrary, DEO has an
absolute right to recoup Award Funds. DEO may refuse to reimburse Grantee for any cost if
DEO determines that such cost was not incurred in compliance with the terms of this
Agreement. DEO may demand a return of Award Funds if DEO terminates this Agreement.
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The application of financial consequences as set forth in the Scope of Work is cumulative to
any of DEO’s rights to recoup Award Funds. Notwithstanding anything in this Agreement to
the contrary, in no event shall the application of any financial consequences or recoupment
of Award Funds exceed the amount of Award Funds, plus interest.
2. Overpayments. If Grantee’s (a) noncompliance with this Agreement or any applicable
federal, state, or local law, rule, regulation or ordinance, or (b) Grantee’s performance or
nonperformance of any term or condition of this Agreement results in (i) an unlawful use of
Award Funds; (ii) a use of Award Funds that doesn’t comply with the terms of this Agreement;
or (iii) a use which constitutes a receipt of Award Funds to which Grantee is not entitled (each
such event an “Overpayment”), then Grantee shall return such Overpayment of Award Funds
to DEO.
3. Discovery of Overpayments. Grantee shall refund any Overpayment of Award Funds to DEO
within 30 days of Grantee’s discovery of an Overpayment, or receipt of notification from DEO
that and Overpayment has occurred. DEO is the final authority as to what may constitute an
Overpayment of Award Funds. Refunds should be sent to DEO’s Agreement Manager, and
made payable to the “Department of Economic Opportunity”. Should repayment not be
made in a timely manner, DEO may charge interest at the lawful rate of interest on the
outstanding balance beginning 30 days after the date of notification or discovery.
4. Right of Set-Off. DEO and the State shall have all of its common law, equitable and statutory
rights of set-off, including, without limitation, the State’s option to withhold for the purposes
of set-off any moneys due to Grantee under this Agreement up to any amounts due and owing
to DEO with respect to this Agreement, any other contract with any State department or
agency, including any contract for a term commencing prior to the term of this Agreement,
plus any amounts due and owing to the State for any other reason. The State shall exercise
its set-off rights in accordance with normal State practices including, in cases of set-off
pursuant to an audit, the finalization of such audits by the State or its representatives.
M. INSURANCE
Unless Grantee is a state agency or subdivision as defined in s. 768.28(2), F.S., Grantee shall
provide and maintain at all times during this Agreement adequate commercial general liability
insurance coverage. A self-insurance program established and operating under the laws of the
State of Florida may provide such coverage.
Grantee, at all times during the Agreement, at Grantee’s sole expense, shall provide commercial
insurance of such a type and with such terms and limits as may be reasonably associated with this
Agreement, which, as a minimum, shall be: workers’ compensation and employer’s liability
insurance in accordance with chapter 440, F.S., with minimum employer’s liability limits of
$100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall
cover all employees engaged in any Agreement work.
Grantee shall maintain insurance coverage of such types and with such terms and limits as may
be reasonably associated with this Agreement, as required by law, and as otherwise necessary
and prudent for the Grantee’s performance of its operations in the regular course of business.
The limits of coverage under each policy maintained by Grantee shall not be interpreted as
limiting Grantee’s liability and obligations under this Agreement. All insurance policies shall be
through insurers licensed and authorized to write policies in Florida, and such policies shall cover
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all employees engaged in any Agreement work. Grantee shall maintain any other insurance
required in the Scope of Work. Upon request, Grantee shall produce evidence of insurance to
DEO.
DEO shall not pay for any costs of any insurance or policy deductible, and payment of any
insurance costs shall be Grantee’s sole responsibility. Providing and maintaining adequate
insurance coverage is a material obligation of Grantee, and failure to maintain such coverage may
void the Agreement, at DEO’s sole and absolute discretion, after DEO’s review of Grantee’s
insurance coverage when Grantee is unable to comply with DEO’s requests concerning additional
appropriate and necessary insurance coverage. Upon execution of this Agreement, Grantee shall
provide DEO written verification of the existence and amount for each type of applicable
insurance coverage. Within 30 calendar days of the effective date of the Agreement, Grantee shall
furnish DEO proof of applicable insurance coverage by standard ACORD form certificates of
insurance. In the event that an insurer cancels any applicable coverage for any reason, Grantee
shall immediately notify DEO of such cancellation and shall obtain adequate replacement
coverage conforming to the requirements herein and provide proof of such replacement coverage
within 15 business days after the cancellation of coverage. Copies of new insurance certificates
must be provided to DEO’s Agreement Manager with each insurance renewal.
N. CONFIDENTIALITY AND SAFEGUARDING INFORMATION
Each Party may have access to confidential information made available by the other. The
provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable state and
federal laws will govern disclosure of any confidential information received by the State of Florida.
Grantee must implement procedures to ensure the appropriate protection and confidentiality of
all data, files, and records involved with this Agreement.
Except as necessary to fulfill the terms of this Agreement and with the permission of DEO, Grantee
shall not divulge to third parties any confidential information obtained by Grantee or its agents,
distributors, resellers, subcontractors, officers, or employees in the course of performing
Agreement work, including, but not limited to, security procedures, business operations
information, or commercial proprietary information in the possession of the State or DEO.
Grantee shall not use or disclose any information concerning a recipient of services under this
Agreement for any purpose in conformity with state and federal law or regulations except upon
written consent of the recipient, or Recipients’ responsible parent or guardian when authorized
by law, if applicable.
When Grantee has access to DEO’s network and/or applications, in order to fulfill Grantee’s
obligations under this Agreement, Grantee shall abide by all applicable DEO Information
Technology Security procedures and policies. Grantee (including its employees, subcontractors,
agents, or any other individuals to whom Grantee exposes confidential information obtained
under this Agreement), shall not store, or allow to be stored, any confidential information on any
portable storage media (e.g., laptops, thumb drives, hard drives, etc.) or peripheral device with
the capacity to hold information. Failure to strictly comply with this provision shall constitute a
breach of Agreement.
Grantee shall immediately notify DEO in writing when Grantee, its employees, agents, or
representatives become aware of an inadvertent disclosure of DEO’s unsecured confidential
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information in violation of the terms of this Agreement. Grantee shall report to DEO any Security
Incidents of which it becomes aware, including incidents sub-contractors or agents reported to
Grantee. For purposes of this Agreement, “Security Incident” means the attempted or successful
unauthorized access, use, disclosure, modification, or destruction of DEO information in Grantee’s
possession or electronic interference with DEO operations; provided, however, that random
attempts at access shall not be considered a security incident. Grantee shall make a report to
DEO not more than seven business days after Grantee learns of such use or disclosure. Grantee’s
report shall identify, to the extent known: (i) the nature of the unauthorized use or disclosure, (ii)
the confidential information used or disclosed, (iii) who made the unauthorized use or received
the unauthorized disclosure, (iv) what Grantee has done or shall do to mitigate any detrimental
effect of the unauthorized use or disclosure, and (v) what corrective action Grantee has taken or
shall take to prevent future similar unauthorized use or disclosure. Grantee shall provide such
other information, including a written report, as DEO’s Information Security Manager requests.
In the event of a breach of security concerning confidential personal information involved with
this Agreement, Grantee shall comply with Section 501.171, F.S., as applicable. When notification
to affected persons is required under this section of the statute, Grantee shall provide that
notification, but only after receipt of DEO’s written approval of the contents of the notice.
Defined statutorily, and for purposes of this Agreement, “breach of security” or “breach” means
the unauthorized access of data in electronic form containing personal data. Good faith
acquisition of personal information by an employee or agent of the Grantee is not a breach,
provided the information is not used for a purpose unrelated to the Grantee’s obligations under
this Agreement or is not subject to further unauthorized use.
O. PATENTS, COPYRIGHTS, AND ROYALTIES
1. All legal title and every right, interest, claim or demand of any kind, in and to any patent,
trademark or copyright, or application for the same, or any other intellectual property right
to, the work developed or produced under or in connection with this Agreement, is the
exclusive property of DEO to be granted to and vested in the Florida Department of State for
the use and benefit of the state; and no person, firm or corporation shall be entitled to use
the same without the written consent of the Florida Department of State. Any contribution
by the Grantee or its employees, agents or contractors to the creation of such works shall be
considered works made for hire by the Grantee for DEO and, upon creation, shall be owned
exclusively by DEO. To the extent that any such works may not be considered works made
for hire for DEO under applicable law, Grantee agrees, upon creation of such works, to
automatically assign to DEO ownership, including copyright interests and any other
intellectual property rights therein, without the necessity of any further consideration.
2. If any discovery or invention arises or is developed in the course or as a result of work or
services performed with funds from this Agreement, Grantee shall refer the discovery or
invention to DEO who will refer it to the Department of State to determine whether patent
protection will be sought in the name of the State of Florida.
3. Where activities supported by this Agreement produce original writings, sound recordings,
pictorial reproductions, drawings or other graphic representations and works of any similar
nature, DEO has the right to use, duplicate, and disclose such materials in whole or in part, in
any manner, for any purpose whatsoever and to allow others acting on behalf of DEO to do
so. Grantee shall give DEO written notice when any books, manuals, films, websites, web
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elements, electronic information, or other copyrightable materials are produced.
4. Notwithstanding any other provisions herein, in accordance with s. 1004.23, F.S., a State
University is authorized in its own name to perform all things necessary to secure letters of
patent, copyrights, and trademarks on any works it produces. Within 30 calendar days of
same, the president of a State University shall report to the Department of State any such
university’s action taken to secure or exploit such trademarks, copyrights, or patents in
accordance with s. 1004.23(6), F.S.
P. INFORMATION TECHNOLOGY RESOURCE
Grantee shall obtain prior written approval from the appropriate DEO authority before purchasing
any Information Technology Resource (ITR) or conducting any activity that will impact DEO’s
electronic information technology equipment or software, as both terms are defined in DEO Policy
Number 5.01, in any way. ITR includes computer hardware, software, networks, devices,
connections, applications, and data. Grantee shall contact the DEO Agreement Manager listed
herein in writing for the contact information of the appropriate DEO authority for any such ITR
purchase approval.
Q. NONEXPENDABLE PROPERTY
1. For the requirements of this Nonexpendable Property section of the Agreement,
"nonexpendable property" is the same as “property” as defined in s. 273.02, F.S., (equipment,
fixtures, and other tangible personal property of a non-consumable and nonexpendable
nature.)
2. All nonexpendable property, purchased under this Agreement, shall be listed on the property
records of Grantee. Grantee shall inventory annually and maintain accounting records for all
nonexpendable property purchased and submit an inventory report to DEO with the final
expenditure report. The records shall include, at a minimum, the following information:
property tag identification number, description of the item(s), physical location, name, make
or manufacturer, year, and/or model, manufacturer’s serial number(s), date of acquisition,
and the current condition of the item.
3. At no time shall Grantee dispose of nonexpendable property purchased under this Agreement
without the written permission of and in accordance with instructions from DEO.
4. Immediately upon discovery, Grantee shall notify DEO, in writing, of any property loss with
the date and reason(s) for the loss.
5. Grantee shall be responsible for the correct use of all nonexpendable property Grantee
purchases or DEO furnishes under this Agreement.
6. A formal Agreement amendment is required prior to the purchase of any item of
nonexpendable property not specifically listed in Attachment 1: Scope of Work.
7. Upon the Expiration Date of this Agreement Grantee is authorized to retain ownership of any
nonexpendable property purchased under this Agreement; however, Grantee hereby grants
to DEO a right of first refusal in all such property prior to disposition of any such property
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during its depreciable life, in accordance with the depreciation schedule in use by Grantee,
Grantee shall provide written notice of any such planned disposition and await DEO’s
response prior to disposing of the property. “Disposition” as used herein, shall include, but is
not limited to, Grantee no longer using the nonexpendable property for the uses authorized
herein; the sale, exchange, transfer, trade-in, or disposal of any such nonexpendable
property. DEO, in its sole discretion, may require Grantee to refund to DEO the fair market
value of the nonexpendable property at the time of disposition rather than taking possession
of the nonexpendable property.
R. REQUIREMENTS APPLICABLE TO THE PURCHASE OF OR IMPROVEMENTS TO REAL PROPERTY
In accordance with s. 287.05805, F.S., if funding provided under this Agreement is used for the
purchase of or improvements to real property, Grantee shall grant DEO a security interest in the
property in the amount of the funding provided by this Agreement for the purchase of or
improvements to the real property for five years from the date of purchase or the completion of
the improvements or as further required by law.
Upon the Expiration Date of the Agreement, Grantee shall be authorized to retain ownership of
the improvements to real property set forth in this Agreement in accordance with the following:
Grantee is authorized to retain ownership of the improvements to real property so long as: (1)
Grantee is not sold, merged or acquired; (2) the real property subject to the improvements is
owned by Grantee; and (3) the real property subject to the improvements is used for the purposes
provided in this Agreement. If within five years of the termination of this Agreement, Grantee is
unable to satisfy the requirements stated in the immediately preceding sentence, Grantee shall
notify DEO in writing of the circumstances that will result in the deficiency upon learning of it, but
no later than 30 calendar days prior to the deficiency occurring. In such event, DEO shall have the
right, within its sole discretion, to demand reimbursement of part or all of the funding provided
to Grantee under this Agreement.
S. CONSTRUCTION AND INTERPRETATION
The title of and the section and paragraph headings in this Agreement are for convenience of
reference only and shall not govern or affect the interpretation of any of the terms or provisions
of this Agreement. The term “this Agreement” means this Agreement together with all
attachments and exhibits hereto, as the same may from time to time be amended, modified,
supplemented, or restated in accordance with the terms hereof. The use in this Agreement of the
term “including” and other words of similar import mean “including, without limitation” and
where specific language is used to clarify by example a general statement contained herein, such
specific language shall not be deemed to modify, limit, or restrict in any manner the construction
of the general statement to which it relates. The word “or” is not exclusive and the words
“herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement,
including any Exhibits and Attachments, and not to any particular section, subsection, paragraph,
subparagraph, or clause contained in this Agreement. As appropriate, the use herein of terms
importing the singular shall also include the plural, and vice versa. The reference to an agreement,
instrument, or other document means such agreement, instrument, or other document as
amended, supplemented, and modified from time to time to the extent permitted by the
provisions thereof and the reference to a statute means such statute as amended from time to
time and includes any successor legislation thereto and any regulations promulgated thereunder.
All references to “$” shall mean United States dollars. The term “Grantee” includes any person
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or entity which has been duly authorized to and has the actual authority to act or perform on
Grantee’s behalf. The term “DEO” includes the State of Florida and any successor office,
department, or agency of DEO, and any person or entity which has been duly authorized to and
has the actual authority to act or perform on DEO’s behalf. The recitals of this Agr eement are
incorporated herein by reference and shall apply to the terms and provisions of this Agreement
and the Parties. Time is of the essence with respect to the performance of all obligations under
this Agreement. The Parties have participated jointly in the negotiation and drafting of this
Agreement, and each Party has read and understands this Agreement. In the event an ambiguity
or question of intent or interpretation arises, this Agreement shall be construed as if drafted
jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring
any Party by virtue of the authorship of any of the provisions of this Agreement.
T. CONFLICT OF INTEREST
This Agreement is subject to chapter 112, F.S. Grantee shall disclose the name of any officer,
director, employee, or other agent who is also an employee of the State. Grantee shall also
disclose the name of any State employee who owns, directly or indirectly, more than a 5% interest
in Grantee or its affiliates.
U. GRANTEE AS INDEPENDENT CONTRACTOR
Grantee is at all times acting and performing as an independent contractor. DEO has no ability to
exercise any control or direction over the methods by which Grantee may perform its work and
functions, except as provided herein. Nothing in this Agreement may be understood to constitute
a partnership or joint venture between the Parties.
V. EMPLOYMENT ELIGIBILITY VERIFICATION – E-VERIFY
The Governor of Florida’s Executive Order 11-116 requires DEO contracts in excess of a nominal
value to expressly require Grantee to: (1) Utilize the U.S. Department of Homeland Security’s E-
Verify system to verify the employment eligibility of all new employees Grantee hired during the
Agreement term; and (2) Include in all subcontracts under this Agreement the requirement that
subcontractors performing work or providing services pursuant to this Agreement utilize the E-
Verify system to verify the employment eligibility of all new employees subcontractor hired during
the term of the Subcontract. The Department of Homeland Security’s E-Verify system can be
found at:
https://www.e-verify.gov
If the Grantee does not have an E-Verify MOU in effect, the Grantee must enroll in the
E-Verify system prior to hiring any new employee after the effective date of this Agreement.
W. NOTIFICATIONS OF INSTANCES OF FRAUD
Upon discovery, Grantee shall report all known or suspected instances of Grantee, or Grantee’s
agents, contractors or employees, operational fraud or criminal activities to DEO’s Agreement
Manager in writing within 24 chronological hours.
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X. NON-DISCRIMINATION
Grantee shall not discriminate unlawfully against any individual employed in the performance of
this Agreement because of race, religion, color, sex, physical handicap unrelated to such person’s
ability to engage in this work, national origin, ancestry, or age. Grantee shall provide a
harassment-free workplace, with any allegation of harassment to be given priority attention and
action.
Y. ASSIGNMENTS AND SUBCONTRACTS
1. Grantee shall not assign, subcontract, or otherwise transfer its rights, duties, or obligations
under this Agreement, by operation of law or otherwise, without the prior written consent of
DEO, which consent may be withheld in DEO’s sole and absolute discretion. DEO is at all times
entitled to assign or transfer its rights, duties, or obligations under this Agreement to another
governmental entity in the State of Florida. Any attempted assignment of this Agreement or
any of the rights hereunder by Grantee in violation of this provision shall be void ab initio.
2. Grantee agrees to be responsible for all work performed and all expenses incurred in fulfilling
the obligations of this Agreement. If DEO permits Grantee to subcontract all or part of the
work contemplated under this Agreement, including entering into subcontracts with vendors
for services, it is understood by Grantee that all such subcontract arrangements shall be
evidenced by a written document containing all provisions necessary to ensure
subcontractor’s compliance with applicable state and federal law. Grantee further agrees
that DEO shall not be liable to the subcontractor for any expenses or liabilities incurred under
the subcontract and Grantee shall be solely liable to the subcontractor for all expenses and
liabilities incurred under the subcontract. Grantee, at its expense, will defend DEO against
such claims.
3. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under
the Agreement shall be properly trained technicians who meet or exceed any specified
training qualifications. Upon request, Grantee shall furnish a copy of technical certification
or other proof of qualification. All Grantee employees, subcontractors, or agents performing
work under the Agreement must comply with all DEO security and administrative
requirements identified herein. DEO may conduct, and Grantee shall cooperate in, a security
background check or otherwise assess any employee, subcontractor, or agent furnished by
Grantee. DEO may refuse access to, or require replacement of, any of Grantee’s employees,
subcontractors, or agents for cause, including, but not limited to, technical or training
qualifications, quality of work, change in security status, or non-compliance with DEO’s
security or administrative requirements identified herein. Such refusal shall not relieve
Grantee of its obligation to perform all work in compliance with the Agreement. DEO may
reject and bar from any facility for cause any of Grantee’s employees, subcontractors, or
agents.
4. Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its
rights, duties, or obligations under this Agreement to another governmental agency in the
State of Florida, upon giving prior written notice to Grantee. In the event the State of Florida
approves transfer of Grantee’s obligations, Grantee remains responsible for all work
performed and all expenses incurred in connection with the Agreement. In addition, this
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Agreement shall bind the successors, assigns, and legal representatives of Grantee and of any
legal entity that succeeds to the obligations of the State of Florida.
5. Grantee agrees to make payments to the subcontractor within seven (7) working days after
receipt of full or partial payments from DEO in accordance with Section 287.0585, F.S., unless
otherwise stated in the Agreement between Grantee and subcontractor. Grantee’s failure to
pay its subcontractors within seven (7) working days will result in a penalty charged against
Grantee and paid to the subcontractor in the amount of one-half of one (1) percent of the
amount due per day from the expiration of the period allowed herein for payment. Such
penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent
of the outstanding balance due.
6. Grantee shall provide a monthly Minority and Service-Disabled Veteran Business Enterprise
Report for each invoice period summarizing the participation of certified and non-certified
minority and service-disabled veteran subcontractors/material suppliers for that period, and
project to date. The report shall include the names, addresses and dollar amount of each
certified and non-certified Minority Business Enterprise and Service-Disabled Veteran
Enterprise participant and a copy must be forwarded to DEO’s Agreement Manager. The
Office of Supplier Diversity at (850) 487-0915 will assist in furnishing names of qualified
minorities. DEO’s Minority Coordinator at (850) 245-7471 will assist with questions and
answers.
7. DEO shall retain the right to reject any of Grantee’s or subcontractor’s employees whose
qualifications or performance, in DEO’s judgment, are insufficient.
Z. ENTIRE AGREEMENT; SEVERABILITY
This Agreement, and the attachments and exhibits hereto, embodies the entire agreement of the
Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or
obligations other than those contained in this Agreement; and this Agreement supersedes all
previous communications, representations, or agreements, either verbal or written, between the
Parties. If a court of competent jurisdiction voids or holds unenforceable any provision of this
Agreement, then that provision shall be enforced only to the extent that it is not in violation of
law or is not otherwise unenforceable, and all other provisions shall remain in full force and effect.
This Agreement may be executed in counterparts, each of which shall be an original and all of
which shall constitute one and the same instrument. If any inconsistencies or conflict between
the language of this Agreement and its Attachments arise, then the language of the attachments
shall control, but only to the extent of the conflict or inconsistency.
AA. WAIVER; GOVERNING LAW; ATTORNEYS’ FEES, DISPUTE RESOLUTION
1. Waiver. No waiver by DEO of any of provision herein shall be effective unless explicitly set
forth in writing and signed by DEO. No waiver by DEO may be construed as a waiver of any
failure, breach, or default not expressly identified by such written waiver, whether of a
similar or different character, and whether occurring before or after that waiver. No failure
by DEO to exercise, or delay in exercising, any right, remedy, power or privilege under this
Agreement may be construed as a waiver thereof; nor shall any single or partial exercise of
any right, remedy, power or privilege hereunder preclude any other or further exercise
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thereof or the exercise of any other right, remedy, power or privilege. The rights and
remedies set forth herein are cumulative and not exclusive.
2. Governing Law. The laws of the State of Florida shall govern the construction, enforcement,
and interpretation of this Agreement, regardless of and without reference to whether any
applicable conflicts of laws principles may point to the application of the laws of another
jurisdiction. The Parties expressly consent to exclusive jurisdiction and venue in any state
court located in Leon County, Florida, and waive any defense of forum non conveniens, lack
of personal jurisdiction, or like defense. IN ANY LEGAL OR EQUITABLE ACTION BETWEEN THE
PARTIES, THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY TO THE FULLEST EXTENT
PERMITTED BY LAW.
3. Attorneys’ Fees, Expenses. Except as set forth otherwise herein, each of the Parties shall pay
its own attorneys’ fees and costs in connection with the execution and delivery of this
Agreement and the transactions contemplated hereby.
4. DEO shall decide disputes concerning the performance of the Agreement, and DEO shall
serve written notice of same to Grantee. DEO’s decision shall be final and conclusive unless
within 21 calendar days from the date of receipt, Grantee files with DEO a petition for
administrative hearing. DEO’s final order on the petition shall be final, subject to any right
of Grantee to judicial review pursuant to chapter 120.68, F.S. Exhaustion of administrative
remedies is an absolute condition precedent to Grantee’s ability to pursue any other form of
dispute resolution; provided however, that the Parties may employ the alternative dispute
resolution procedures outlined in chapter 120, F.S.
BB. INDEMNIFICATION
1. If Grantee is a state agency or subdivision, as defined in s. 768.28(2), F.S., pursuant to s.
768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other
Party for the other Party’s negligence.
2. Grantee shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and
their officers, agents, and employees, from suits, actions, damages, and costs of every name
and description, including attorneys’ fees, arising from or relating to personal injury and
damage to real or personal tangible property alleged to be caused in whole or in part by
Grantee, its agents, employees, partners, or subcontractors; provided, however, that
Grantee shall not indemnify, defend, and hold harmless the State and DEO, and their officers,
agents, and employees for that portion of any loss or damages the negligent act or omission
of DEO or the State proximately caused.
3. Further, Grantee shall fully indemnify, defend, and hold harmless the State and DEO from
any suits, actions, damages, and costs of every name and description, including attorneys’
fees, arising from or relating to violation or infringement of a trademark, copyright, patent,
trade secret or intellectual property right; provided, however, that the foregoing obligation
shall not apply to DEO’s misuse or modification of Grantee’s products or DEO’s operation or
use of Grantee’s products in a manner not contemplated by this Agreement. If any product
is the subject of an infringement suit, or in Grantee’s opinion is likely to become the subject
of such a suit, Grantee may, at Grantee’s sole expense, procure for DEO the right to continue
using the product or to modify it to become non-infringing. If Grantee is not reasonably able
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to modify or otherwise secure for DEO the right to continue using the product, Grantee shall
remove the product and refund DEO the amounts paid in excess of a reasonable fee, as
determined by DEO in its sole and absolute discretion, for past use. DEO shall not be liable
for any royalties.
4. Grantee’s obligations under the two immediately preceding paragraphs above, with respect
to any legal action are contingent upon the State or DEO giving Grantee (1) written notice of
any action or threatened action, (2) the opportunity to take over and settle or defend any
such action at Grantee’s sole expense, and (3) assistance in defending the action at Grantee’s
sole expense. Grantee shall not be liable for any cost, expense, or compromise incurred or
made by the State or DEO in any legal action without Grantee’s prior written consent, which
shall not be unreasonably withheld.
5. The State and DEO may, in addition to other remedies available to them at law or equity and
upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary
to satisfy any claim for damages, penalties, costs and the like asserted by or against them.
The State may set off any liability or other obligation of Grantee or its affiliates to the State
against any payments due Grantee under any Agreement with the State.
CC. CONTACT INFORMATION FOR GRANTEE AND DEO
Grantee’s Agreement Manager:
DEO’s Agreement Manager:
DD. NOTICES
The Parties’ respective contact information is set forth in the immediately preceding paragraph,
and may be subject to change at the Parties’ discretion. If the contact information changes, the
Party making such change will notify the other Party in writing. Where the term “written notice”
is used to specify a notice requirement herein, said notice shall be deemed to have been given (i)
when personally delivered; (ii) when transmitted via email, if the sender on the same day sends a
confirming copy of such notice by certified or registered mail; (iii) the next business day following
the day on which the same has been delivered prepaid to a recognized overnight delivery service;
Marcos Montes De Oca
55 SE 3rd Avenue
Okeechobee, FL 34974
Telephone: (863) 763-3372 ext. 9812
Facsimile: (863) 763-1686
Email: marcos@cityofokeechobee.com
Amanda Iscrupe
Department of Economic Opportunity
107 East Madison Street, MSC 160
Tallahassee, FL 32399-4120
Telephone: (850) 717-8496
Facsimile: (850) 717-8522
Email: Amanda.Iscrupe@deo.myflorida.com
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or (iv) the third business day following the day on which the same is sent by certified or registered
mail, postage prepaid, with return receipt.
EE. EXECUTION IN COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be an original and all of
which shall constitute but one and the same instruments.
IN WITNESS THEREOF, and in consideration of the+ mutual covenants set forth above and in the
attachments hereto, the Parties, through their duly-authorized representatives, sign this Agreement and
represent and warrant that they understand the Agreement and Attachments’ terms and conditions as
of the Effective Date.
DEPARTMENT OF ECONOMIC OPPORTUNITY CITY OF OKEECHOBEE
By By
Signature Signature
James D. Stansbury Dowling R. Watford, Jr.
Title Chief, Bureau of Community
Planning and Growth
Title Mayor
Date
Date
Approved as to form and legal sufficiency, subject
only to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
By: _________________________________
Approved Date: _______________________
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Attachment 1
SCOPE OF WORK
1. GRANT AUTHORITY. This Community Planning Technical Assistance grant is provided pursuant to
Section 163.3168, Florida Statutes (F.S.), and Specific Appropriation 2311, Chapter 2019-115, Laws of
Florida, to provide direct and/or indirect technical assistance to help Florida communities find creative
solutions to fostering vibrant, healthy communities, while protecting the functions of important State
resources and facilities.
2. PROJECT DESCRIPTION: Grantee shall prepare a draft Economic Development Element for the City of
Okeechobee Comprehensive Plan. Grantee shall complete a review of the City of Okeechobee
Comprehensive Plan and Land Development Code to identify inconsistencies between future land use
and zoning, and Grantee shall prepare a report identifying inconsistencies between the
Comprehensive Plan and Land Development Code. Based on the report, Grantee shall prepare draft
amendments to the Comprehensive Plan and/or Land Development Code to resolve inconsistencies
and to support successful economic development. Grantee shall prepare draft amendments to the
City’s Land Development Code to address disaster resiliency and update the sign regulations. Grantee
shall prepare a schedule (dates) of anticipated public hearings to formally consider amendments to
the Comprehensive Plan and Land Development Code.
3. GRANTEE’S RESPONSIBILITIES: Grantee shall timely perform the Deliverables and Tasks described in
this section and in Section 5 below, and in doing so, Grantee shall comply with all the terms and
conditions of this Agreement. All deliverables and tasks under this Agreement must be completed
on or before the end of the agreement period in Section A. of this Agreement.
A. Deliverable 1. Summary Report, Public Meeting, Schedule of Public Hearings, and Draft
Amendments to the City of Okeechobee Comprehensive Plan and Land Development Code.
Grantee shall:
1. Conduct a review of the City of Okeechobee Comprehensive Plan and Land Development
Code to identify inconsistencies between Future Land Use and zoning and prepare a
summary report identifying inconsistencies between the Comprehensive Plan Future
Land Use and Land Development Code zoning.
2. Prepare draft amendments to the City of Okeechobee Comprehensive Plan and/or Land
Development Code to resolve inconsistencies between Future Land Uses and zoning
districts and to support successful economic development.
3. Prepare a draft Economic Development Element amendment for the City of Okeechobee
Comprehensive Plan consistent with goals from the economic and disaster resiliency plan
being developed pursuant to the Competitive Florida Partnership grant program.
4. Prepare draft amendments to the City of Okeechobee Land Development Code to address
disaster resiliency.
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5. Prepare draft amendments to the City of Okeechobee Land Development Code to update
the sign regulations to ensure content neutrality and provide more user-friendly sign
regulations.
6. Conduct at least one advertised public meeting to present the report (Item 1 above) and
draft amendments (Items 2 through 5 above) to the Comprehensive Plan and Land
Development Code in order to obtain public input. Prepare a written narrative summary
of the input received at the meeting.
7. Prepare revisions to the report and draft amendments, if revisions are appropriate based
on the results of the public meeting, and any other information deemed appropriate by
the Grantee.
8. Prepare a schedule (dates) of anticipated City of Okeechobee public hearings to formally
consider proposed/adopted Comprehensive Plan amendments (local planning agency
and City Council hearings as required by Chapter 163, Florida Statutes) and
proposed/adopted Land Development Code amendments (hearings as required by law).
The scheduled dates of the anticipated public hearings may occur beyond the current
grant cycle Fiscal Year 2019-2020.
DEO REVIEW AND COMMENT OF PROPOSED DELIVERABLE 1 PRIOR TO DELIVERABLE DUE DATE. No
later than 10 business days before the deliverable due date, Grantee shall provide a draft
Deliverable 1 to DEO for review and comment. The draft deliverable must be submitted to DEO’s
Agreement Manager. DEO shall provide comments, if any, no later than 4 business days before the
deliverable due date. Grantee shall address any comments provided by DEO in the deliverable
submitted to DEO for payment.
4. DEO RESPONSIBILITIES: DEO shall receive and review the Deliverables and, upon DEO’s acceptance
of the Deliverables and receipt of Grantee’s pertinent invoices in compliance with the invoice
procedures of Section K of this Agreement and of Section 10 of this Scope of Work, DEO shall process
payment to Grantee in accordance with the terms and conditions of this Agreement.
5. DELIVERABLES: The specific deliverables, tasks, minimum levels of service, due dates, and payment
amounts are set forth in the following table:
Deliverables and Tasks Minimum Level of Service Payment Amount
Not to Exceed
Financial
Consequences
Deliverable 1. Summary
Report, Public Meeting,
Schedule of Public
Hearings, and Draft
Amendments to the City’s
Comprehensive Plan and
Land Development Code.
Completion of the tasks in
accordance with the Deliverable,
evidenced by submission, in hard
copy (paper) or electronic format
of the following:
1. Summary Report identifying
inconsistencies between the
Comprehensive Plan Future
$7,450 As provided in
Section 12 of
this Scope of
Work, below.
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Grantee shall, in
accordance with Section
3.A of this Scope of Work:
(1) complete a review of
the City’s Comprehensive
Plan and Land
Development Code, and
prepare a Summary
Report; (2) prepare draft
amendments to resolve
inconsistencies found
between Comprehensive
Plan Future Land Uses and
Land Development Code
zoning districts; (3)
prepare a draft
Comprehensive Plan
Economic Development
Element amendment; (4)
prepare draft Land
Development Code
amendments to address
disaster resiliency and
update the sign
regulations; (5) prepare a
schedule of anticipated
public hearings; and (6)
conduct a public meeting.
Deliverable due date:
June 1, 2020
Land Use Element and the
Land Development Code
zoning districts.
2. Draft amendments to the
Comprehensive Plan and/or
Land Development Code to
resolve Future Land Use and
Zoning inconsistencies.
3. Draft Economic
Development Element
amendment to the
Comprehensive Plan.
4. Draft amendments to the
Land Development Code to
address disaster resiliency.
5. Draft amendments to the
Land Development Code to
update sign regulations.
6. Schedule of anticipated
public hearings.
7. Notice of public meeting.
8. Narrative summary of public
input from public meeting.
Grantee shall submit copies of
all required documentation
identified above on paper or
electronically in MS Word or
PDF format. If maps are
required, they shall be provided
on a compact disc in PDF format
with ArcGIS compatible
shapefiles if they are available.
Total Amount Not to Exceed $7,450.00
6. SUBCONTRACTS. In accordance with Section Y., Assignments and Subcontracts, of this Agreement
and subject to the terms and conditions in Sections Y.1. through 7 of this Agreement, this paragraph
constitutes DEO’s written approval for Grantee to subcontract for any of the deliverables and/or tasks
identified in the Scope of Work for this Agreement. A copy of the executed subcontract(s) shall be
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provided to DEO’s Agreement Manager upon execution by the Parties. Grantee shall be solely liable
for all work performed and all expenses incurred as a result of any such subcontract.
7. DELIVERABLE DUE DATE. The “deliverable due date” is the date the deliverable must be received by
DEO by 11:59 p.m. on that date. For extensions of deliverable due dates, see Section 15 of this Scope
of Work.
8. BUSINESS DAY; COMPUTATION OF TIME. For the purpose of this Agreement, a “business day” is any
day that is not a Saturday, Sunday, or a state or federal legal holiday. In computing any time period
provided in this Agreement, the date from which the time period runs is not counted. The last day of
the time period ends at 11:59 p.m. on that day.
9. COST SHIFTING. The deliverable amounts specified within the Deliverables section above are
established based on the Parties’ estimation of sufficient delivery of services fulfilling grant purposes
under the Agreement in order to designate payment points during the Agreement Period; however,
this is not intended to restrict DEO’s ability to approve and reimburse allowable costs, incurred by
Grantee in providing the deliverables herein. Prior written approval from DEO’s Agreement Manager
is required for changes to the above Deliverable amounts that do not exceed ten (10) percent of each
deliverable total funding amount. Changes that exceed ten (10) percent of each deliverable total
funding amount will require a formal written amendment, as described in Section D., Renegotiation
or Modification, of this Agreement. Regardless, in no event shall DEO reimburse costs of more than
the total amount of this Agreement.
10. INVOICE SUBMITTAL AND PAYMENT.
A. DEO agrees to reimburse the Grantee for costs under this Agreement in accordance with Section
K, Invoices and Payments, of this Agreement in the amount(s) identified per deliverable in Section
5 of this Scope of Work, above. The deliverable amount specified does not establish the value of
the deliverable. Pursuant to Section 215.971(1), F.S., Grantee will be reimbursed for allowable
costs incurred during the Agreement Period by Grantee in carrying out the Project.
B. Subject to the terms and conditions of this Agreement, an itemized invoice for each deliverable
shall be submitted to DEO’s Agreement Manager by U. S. Mail or by electronic mail with the
deliverable for which the invoice is submitted. Invoices are not required to be submitted through
the Ariba Supplier Network described in Section K.2. of this Agreement. Invoices shall be
submitted in the format shown on Attachments 1-A, 1-B, or 1-C hereto, electronic copies of
which shall be provided by DEO to the Grantee. Grantee shall use Attachment 1-A if work for
the deliverable is completed entirely by a subcontractor, Attachment 1-B if work for the
deliverable is completed entirely by Grantee’s employee(s), and Attachment 1-C if work for the
deliverable is completed both by a subcontractor and by Grantee’s employee(s).
C. Grantee shall provide one (1) itemized invoice for each deliverable submitted during the
applicable period of time. The invoice shall include, at a minimum, the following:
1. Grantee’s name and address;
2. Grantee’s federal employer identification number;
3. the Agreement number;
4. the Grantee’s invoice number;
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5. an invoice date;
6. the dates of service;
7. the deliverable number;
8. a description of the deliverable;
9. a statement that the deliverable has been completed; and
10. the amount being requested.
D. Grantee shall submit a final invoice no later than 60 days after this Agreement ends or is
terminated as provided in Section K.5. of this Agreement.
E. Documentation that must accompany each itemized invoice: The following documents shall be
submitted with the itemized invoice:
1. For Work Performed by a Subcontractor:
a. A cover letter signed by the Grantee’s Agreement Manager certifying that the
payments claimed for the deliverables were specifically for the project, as described
in this Scope of Work;
b. Copies of paid invoices submitted to Grantee by the Subcontractor; and
c. Proof of payment of invoices submitted to Grantee by the Subcontractor for work
performed pursuant to this Agreement (e.g., cancelled checks, bank statement
showing deduction).
2. For Work Performed by Grantee’s Employees:
a. A cover letter signed by the Grantee’s Agreement Manager certifying that the
payments claimed for the deliverables were specifically for the project, as described
in this Scope of Work.
b. Identification of Grantee’s employees who performed work under this Agreement
and, for each such employee:
i. The percentage of the employee’s time devoted to work under this
Agreement or the number of total hours each employee devoted to work
under this Agreement.
ii. Payroll register or similar documentation that shows the employee’s gross
salary, fringe benefits, other deductions, and net pay. If the employee is paid
hourly, a document reflecting the hours worked times the rate of pay is
acceptable.
c. Invoices or receipts for other direct costs.
d. Usage log for in-house charges (e.g., postage, copies, etc.) that shows the number of
units times the rate charged. The rate must be reasonable.
F. Payment shall be provided to Grantee in accordance with Section K., Invoices and Payments, of
this Agreement.
11. SUBMITTAL, REVIEW AND ACCEPTANCE OF DELIVERABLES; NOTICE; OPPORTUNITY TO CURE.
Grantee shall submit all deliverables to DEO’s Agreement Manager. DEO will review all work
submitted for payment under the deliverables and will determine in DEO’s sole and absolute
discretion whether the deliverables are sufficient to satisfy the requirements in this Scope of Work.
Within 15 business days after receipt of a deliverable, DEO shall provide written notice to Grantee by
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electronic mail of DEO’s determination that the deliverable is sufficient and is accepted or that the
deliverable is not sufficient to satisfy the requirements in the Scope of Work and how the Grantee can
address the insufficiency. If DEO determines that a deliverable is not sufficient under this Agreement,
Grantee shall have 10 business days from the date of receipt of notice from DEO to correct the
insufficiency, and during this 10 business day period, the financial consequences specified in Section
12 of this Scope of Work will not be assessed. DEO may extend this timeframe in writing (which may
be by electronic mail) if Grantee is actively working with DEO to resolve the insufficiency; provided,
however, that any extension of time under this section will not extend the Agreement Period in
Section A. of this Agreement and provided further that, notwithstanding the timeframes in this
section, all deliverables and tasks must be completed on or before the end of the Agreement Period
in Section A of this Agreement. An extension of time under this section does not require an
amendment to this Agreement. Payment for a deliverable shall not be due until DEO notifies the
Grantee’s Agreement Manager in writing that the deliverable or corrected deliverable is sufficient
under the Scope of Work and is accepted by DEO.
12. FINANCIAL CONSEQUENCES.
A. Financial consequences of $50 a business day up to a maximum of $500 shall be imposed in each
of the following circumstances:
1. Grantee submits a deliverable to DEO more than ten (10) business days after the
deliverable due date. Financial consequences begin to accrue on the eleventh business
day following the deliverable due date and continue until the deliverable is received by
DEO or the maximum financial consequence accrues, whichever occurs first.
2. Grantee is given a notice of insufficiency and fails to submit to DEO a corrected deliverable
within the timeframe provided in Section 11 of this Scope of Work. Financial
consequences begin to accrue on the business day following the deadline under Section
11 of this Scope of Work and continue until the corrected deliverable is received by DEO
or the maximum financial consequence accrues, whichever occurs first.
B. Imposition of the above described financial consequences shall in no manner affect DEO’s right
to impose or implement other provisions in this Agreement including the right to terminate this
Agreement.
13. PRELIMINARY DRAFT DELIVERABLES; DEO REVIEW AND COMMENT. Preliminary draft deliverables
of proposed or adopted comprehensive plan amendments are required to be provided to DEO for
comment prior to the deliverable due date as provided in Section 3. of this Scope of Work. Unless
other preliminary draft deliverables are required to be submitted to DEO under Section 3 of this Scope
of Work, above, Grantee is encouraged, but not required, to submit preliminary drafts of all
substantive written deliverables (e.g., master plans, studies, reports) to DEO for review and comment
no later than ten (10) business days before the deliverable due date. If DEO provides comments,
Grantee is urged to address them in the deliverable submitted to DEO for payment. If submission of
a preliminary draft deliverable for DEO review and comment is required under Section 3 of this Scope
of Work, above, DEO shall provide comments to the Grantee no later than four business days before
the deliverable due date and the deliverable must address DEO’s comments.
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14. LIMITED COMPLIANCE REVIEW; NO DUPLICATION OF WRITTEN MATERIAL. Proposed
comprehensive plan amendments that are deliverables under the Scope of Work must be “in
compliance” as defined in Section 163.3184(1)(b), F.S., and will be evaluated for compliance as part
of DEO’s review and determination of whether the deliverable is sufficient to satisfy the requirements
in the Scope of Work. DEO’s compliance determination will be a limited determination without input
from the reviewing agencies identified in Section 163.3184(1)(c), F.S. A limited compliance
determination for the purpose of this Agreement is not binding on DEO in a subsequent review under
Section 163.3184, F.S. Further, a limited compliance determination under this Agreement does not
preclude review and comment by reviewing agencies and does not preclude a challenge to the
adopted plan amendment by DEO based on comments by DEO or other reviewing agencies.
Documents submitted to DEO for payment under this Agreement may not copy or duplicate reports
or other written material prepared prior to the Agreement Period in Section A., Agreement Period,
of this Agreement or prepared by or on behalf of someone other than the Grantee for a purpose other
than the specific grant project identified in this Scope of Work. At the option of the Grantee, copies
of such relevant documents may be appended to documents submitted to DEO for payment.
15. EXTENSIONS OF TIME OF DELIVERABLE DUE DATES. Notwithstanding Section D., Renegotiation or
Modification, of this Agreement, DEO’s Agreement Manager, in DEO’s sole discretion, may authorize
extensions of deliverable due dates without a written modification of this Agreement. Extensions
shall be requested by Grantee’s Agreement Manager (not Grantee’s consultant or subcontractor) in
accordance with the following:
A. Requests for extension of one or more deliverable due dates shall be submitted by Grantee’s
Agreement Manager in writing (which may be by electronic mail) to DEO’s Agreement Manager
no later than one (1) business day before the deliverable due date (or the earliest of multiple
due dates for which the extension is requested);
B. A request for an extension of time received by DEO’s Agreement Manager on or after the
deliverable due date to which the extension applies will not be granted;
C. If requested by DEO’s Agreement Manager, Grantee’s Agreement Manager must explain the
reason for the requested extension; and
D. DEO’s Agreement Manager shall approve or deny a request for extension of a deliverable due
date by electronic mail to Grantee’s Agreement Manager within two (2) business days after
receipt of the request. Only written approvals of extensions shall be effective.
This authority and procedure do not apply to an extension of the Agreement Period defined in Section
A., Agreement Period, of this Agreement.
16. ADVERTISING AND INFORMATION RELEASE. Notwithstanding Section J., Advertising and
Sponsorship Disclosure, and Section F., Records and Information Release, of this Agreement,
Grantee is authorized to disclose to the public on its website or by other means that it has been
awarded a Community Planning Technical Assistance Grant from DEO for the work described in this
Scope of Work.
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17. NOTIFICATION OF INSTANCES OF FRAUD. Instances of Grantee’s operational fraud or criminal
activities shall be reported to DEO’s Agreement Manager in writing within twenty-four (24)
chronological hours.
18. NON-DISCRIMINATION. Grantee shall not discriminate unlawfully against any individual employed in
the performance of this Agreement because of race, religion, color, sex, physical handicap unrelated
to such person’s ability to engage in this work, national origin, ancestry, or age. Grantee shall provide
a harassment-free workplace, with any allegation of harassment to be given priority attention and
action.
19. GRANTEE’S RESPONSIBILITIES UPON TERMINATION. If DEO issues a Notice of Termination to
Grantee, except as otherwise specified by DEO in that notice, the Grantee shall:
A. Stop work under this Agreement on the date and to the extent specified in the notice;
B. Complete performance of such part of the work as shall not have been terminated by DEO;
C. Take such action as may be necessary, or as DEO may specify, to protect and preserve any
property which is in the possession of Grantee and in which DEO has or may acquire an interest;
and
D. Upon the effective date of termination of this Agreement, Grantee shall transfer, assign, and make
available to the DEO all property and materials belonging to DEO. No extra compensation will be
paid to Grantee for its services in connection with such transfer or assignment.
20. CONFLICTS BETWEEN SCOPE OF WORK AND REMAINDER OF AGREEMENT. In the event of a conflict
between the provisions of this Scope of Work and other provisions of this Agreement, the provisions
of this Scope of Work shall govern.
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Attachment 1-A – Invoice: Grantee’s Subcontractor(s) (Contractual Services)
INVOICE
GRANTEE’S NAME: ___________________________________ INVOICE NO.: __________
FEIN: ______________________ INVOICE DATE: __________
Agreement No.: _______________
TO: FOR:
Florida Department of Economic Opportunity [Grantee name]
Division of Community Development [Grantee address]
Attn.: Donna Cotterell [Grantee phone number]
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
DESCRIPTION AMOUNT
Dates of Service: _____________________
Deliverable _____ Completed:
[copy description of the deliverable from Scope of Work, Section 3]
Category expenditures:
Contractual Services
$__
TOTAL $___
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Attachment 1-B – Invoice: Grantee’s Employee(s)
INVOICE
GRANTEE’S NAME: ___________________________________ INVOICE NO.: __________
FEIN: ______________________ INVOICE DATE: __________
Agreement No.: _______________
TO: FOR:
Florida Department of Economic Opportunity [Grantee name]
Division of Community Development [Grantee address]
Attn.: Donna Cotterell [Grantee phone number]
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
DESCRIPTION AMOUNT
Dates of Service: _____________________
Deliverable _____ Completed:
[copy description of the deliverable from Scope of Work, Section 3]
Category expenditures:
Salaries
Fringe Benefits
Travel
Postage
[other direct costs: identify them]
$__
$__
$__
$__
$__
TOTAL $___
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Attachment 1-C – Invoice: Combination of Grantee’s Subcontractor(s) and Grantee’s Employee(s)
INVOICE
GRANTEE’S NAME: ___________________________________ INVOICE NO.: __________
FEIN: ______________________ INVOICE DATE: __________
Agreement No.: _______________
TO: FOR:
Florida Department of Economic Opportunity [Grantee name]
Division of Community Development [Grantee address]
Attn.: Donna Cotterell [Grantee phone number]
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
DESCRIPTION AMOUNT
Dates of Service: _____________________
Deliverable _____ Completed:
[copy description of the deliverable from Scope of Work, Section 3]
Category expenditures:
Contractual Services
Salaries
Fringe Benefits
Travel
Postage
[other direct costs: identify them]
$__
$__
$__
$__
$__
$__
TOTAL $___
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Attachment 1-D
GRANT AGREEMENT FINAL CLOSEOUT FORM
FLAIR Contract ID: __________
Recipient Name: __________ Contract Amount __________
Vendor ID: __________ Deobligated Funds __________
Contract End Date: __________ Final Contract Amount __________
Section A: Financial Reconciliation
1. Total Recipient Funds Received from DEO __________
2. Total Recipient Expenditures __________
3. Balance of Unexpended Program Income (from Section B) __________
4. If negative, this amount must be refunded to the Department. If positive, this amount is to be remitted to the
Recipient.
__________
Section B: Statement of Recipient Income
There was no recipient income earned under this contract.
The following recipient income was earned under this contract.
Description of Recipient Income
Source Amount Expended Balance
Total Program Income $0.00 $0.00 $0.00
Section C: Property Inventory Certification
No tangible property was purchased in the contract period.
All non-expendable and non-consumable tangible property having a useful life of more than one year and acquired at a
cost of $1,000 or more per unit with grant funds are listed below. I do hereby certify that the property inventory described
below is complete and correct. Notification will be sent immediately to the Department of Economic Opportunity i f any
changes occur to this inventory. I will not destroy, sell, or otherwise dispose of this property without written permission o f
the Department.
Description of Property Inventory
Description and Serial
Number
Quantity Acquisitions
_____________________
Cost Date
Condition Location
Section D: Recipient Certification
By signing below, I certify, that the above representations for Financial Reconciliation, Recipient Income, and Property Inventory are
true and accurate.
Name: _________________________________________________ Signature: ______________________________________________
Title: __________________________________________________ Date Signed: ____________________________________________
Section E: DEO Internal Review and Approval
By signing below, I certify, that the above representations for Financial Reconciliation, Recipient Income, and Property Inventory are
true and accurate.
Name: _________________________________________________ Signature: ____________________________________________
Ron DeSantis
GOVERNOR
Ken Lawson
EXECUTIVE DIRECTOR
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Attachment 2
AUDIT REQUIREMENTS
The administration of resources awarded by DEO to the recipient (herein otherwise referred to as
“Grantee”) may be subject to audits and/or monitoring by DEO as described in this Attachment.
MONITORING. In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements, and Section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring
procedures may include, but not be limited to, on-site visits by DEO staff, limited scope audits as defined
by 2 CFR §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply
and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event
the DEO determines that a limited scope audit of the recipient is appropriate, the recipient agrees to
comply with any additional instructions provided by DEO staff to the recipient regarding such audit. The
recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS.
PART I: FEDERALLY FUNDED. This part is applicable if the recipient is a state or local government or a
nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70.
1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single
or program-specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -
Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by
this agreement. In determining the federal awards expended in its fiscal year, the recipient shall
consider all sources of federal awards, including federal resources received from DEO. The
determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the
Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements
of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to
have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit
Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -
Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost
of such an audit must be paid from recipient resources obtained from other than federal
entities).
PART II: STATE FUNDED. This part is applicable if the recipient is a nonstate entity as defined by Section
215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in
excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and
thereafter), the recipient must have a state single or project-specific audit for such fiscal year in
accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and
Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit
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organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial
assistance awarded through DEO by this agreement. In determining the state financial
assistance expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from DEO, other state agencies, and
other nonstate entities. State financial assistance does not include federal direct or pass-
through awards and resources received by a nonstate entity for federal program matching
requirements.
2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a
financial reporting package as defined by Section 215.97(2), F.S., and Chapters 10.550 (local
governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal
years ending June 30, 2017, and thereafter), an audit conducted in accordance with the
provisions of Section 215.97, F.S., is not required. If the recipient expends less than $750,000 in
state financial assistance in its fiscal year and elects to have an audit conducted in accordance
with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the nonstate
entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources
obtained from other than state entities).
PART III: OTHER AUDIT REQUIREMENTS.
(NOTE: This part would be used to specify any additional audit requirements imposed by the State
awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required
by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to
Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of state financial
assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In
such an event, the State awarding agency must arrange for funding the full cost of such additional audits.)
N/A
PART IV: REPORT SUBMISSION.
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F -
Audit Requirements, and required by Part I of this form shall be submitted, when required
by 2 CFR
§200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as
provided in 2 CFR §200.36 and §200.512.
The FAC’s website provides a data entry system and required forms for submitting the single
audit reporting package. Updates to the location of the FAC and data entry system may be found
at the OMB website.
2. Copies of financial reporting packages required by Part II of this form shall be submitted by or
on behalf of the recipient directly to each of the following:
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a. DEO at each of the following addresses:
Electronic copies (preferred): or Paper (hard copy):
Audit@deo.myflorida.com Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
b. The Auditor General’s Office at the following address: Auditor General
Local Government Audits/342
Claude Pepper Building, Room
401 111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General’s website (https://flauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or the management letter required by Part III of this form shall be submitted
by or on behalf of the recipient directly to:
Electronic copies (preferred): or Paper (hard copy):
Audit@deo.myflorida.com Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL. 32399-4126
4. Any reports, management letters, or other information required to be submitted DEO pursuant
to this agreement shall be submitted timely in accordance with 2 CFR §200.512, Section 215.97,
F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to DEO for audits done in accordance
with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental
entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date that the reporting package was delivered to the recipient in
correspondence accompanying the reporting package.
PART V: RECORD RETENTION. The recipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or
five (5) state fiscal years after all reporting requirements are satisfied and final payments have been
received, whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access
to such records upon request. The recipient shall ensure that audit working papers are made available to
DEO, or its designee, CFO, or Auditor General upon request for a period of five (5) years from the date the
audit report is issued, unless extended in writing by DEO. In addition, if any litigation, claim, negotiation,
audit, or other action involving the records has been started prior to the expiration of the controlling
period as identified above, the records shall be retained until completion of the action and resolution of
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all issues which arise from it, or until the end of the controlling period as identified above, whichever is
longer.
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EXHIBIT 1 to Attachment 2
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
N/A
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
N/A
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project: DEPARTMENT OF ECONOMIC OPPORTUNITY – CSFA 40.024 – GROWTH
MANAGEMENT IMPLEMENTATION - $7,450
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
ACTIVITIES ARE LIMITED TO THOSE IN THE SCOPE OF WORK.
NOTE: Title 2 C.F.R. § 200.331, as revised, and Section 215.97(5), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to
the recipient.
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ATTACHMENT 3
Audit Compliance Certification
Grantee Name: ______________________________________________________________________
FEIN: ____________________ Grantee’s Fiscal Year: ________________________________
Contact Person Name and Phone Number: __________________________________________________
Contact Person Email Address: ____________________________________________________________
1. Did Grantee expend state financial assistance, during its fiscal year, that it received under any agreement
(e.g., agreement, grant, memorandum of agreement, memorandum of understanding, economic
incentive award agreement, etc.) between Grantee and the Department of Economic Opportunity (DEO)?
____Yes _____ No
If the above answer is yes, also answer the following before proceeding to item 2:
Did Grantee expend $750,000 or more of state financial assistance (from DEO and all other sources of
state financial assistance combined) during its fiscal year? _____ Yes ______ No
If yes, Grantee certifies that it will timely comply with all applicable state single or project -specific audit
requirements of Section 215.97, Florida Statutes, and the applicable rules of the Department of
Financial Services and the Auditor General.
2. Did Grantee expend federal awards, during its fiscal year that it received under any agreement (e.g.,
agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) between Grantee and DEO? ____Yes _____ No
If the above answer is yes, also answer the following before proceeding to execution of this certification:
Did Grantee expend $750,000 or more in federal awards (from DEO and all other sources of federal awards
combined) during its fiscal year? _____ Yes ______ No
If yes, Grantee certifies that it will timely comply with all applicable single or program -specific audit
requirements of 2 C.F.R. part 200, subpart F, as revised.
_____________________________________________________________________________________
By signing below, I certify, on behalf of Grantee, that the above representations for items 1 and 2 are
true and correct.
__________________________________________ ______________________________
Signature of Authorized Representative Date
____________________________________________ _______________________________
Printed Name of Authorized Representative Title of Authorized Representative
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