2022-06-21 Ex 04Exhibit 4
6/21 /2022
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OKEECHOBEE POLICE DEPARTMENT
50 SE 2ND AVE
OKEECHOBEE FL 34974
863-763-2626
TO: Okeechobee City Council
Reference: Grant FIBRS 2021-FBSFA-F2-043
We are seeking approval to accept Grant FIBRS 2021-FBSFA-F2-043 in the amount of $36,675.00 from the
State of Florida Criminal Justice Information Services of FDLE. This grant is reimbursable for expenditures
to purchase 6 laptop computers for Patrol Cars( to update out of date hardware to make it compatible with
State requirements) and to activate an software interface between Spillman/Motorola Solutions and TRACS
software (TRACS has to be able to upload data into current CAD system) . The need for this is the new
reporting requirements of criminal history data to the State of Florida. There are no contingencies attached
to the grant.
The original grant request could not be funded as we were past the deadline so we resubmitted and were
approved for the lower amount.
The original grant and updated grant are both attached.
Chief Donald H gan
ADJUSTMENT #1 TO GRANT NUMBER 2021-FBSFA-F2-043
WHEREAS the Florida Department of Law Enforcement, hereafter referred to as "FDLE," and the
Okeechobee Police Department, hereafter referred to as "Recipient," entered into Grant 2021-
FBSFA-F2-043, dated March 30, 2022; and
WHEREAS the Parties to Grant 2021-FBSFA-F2-043 agree that all provisions of that Grant and
all Adjustments should remain in full force and effect except those amended hereby;
NOW, THEREFORE, in consideration of the mutual recognition of the Parties that the adjustments
herein proposed will promote the efficient and effective performance of the contractual
requirements, the above -referenced Grant is amended as follows:
1. Grant Period is amended to extend the end date of this grant to June 30, 2023, contingent
upon appropriation by the Legislature, reflected on Page 1 of the attached document.
2. Scope of Work is amended to incorporate the details of the grant application, reflected
on Page 1 of the attached document.
3. Project Deliverables is amended to provide additional detail from the grant application
and budget workbook, reflected on Page 2 of the attached document.
4. Appendix B: Budget is amended to clarify costs are approximate, and to reallocate
contractual services funding to overtime costs, reflected on Page 6 of the attached
document.
State of Florida
Criminal Justice Information Services
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
GRANT ADJUSTMENT NUMBER 1
Recipient: Okeechobee Police Department
Grant Period: From: 7/1/2021 To: 6/30/2023
Project Title: FY 21/22 FIBRS IMPLEMENTATION ASSISTANCE PROGRAM: SUPPORT FOR
LOCAL LAW ENFORCEMENT AGENCIES
Grant Number: 2021-FBSFA-F2-043
Awarded Funds: $36.675.00
CSFA Catalog Number: 71.043
This agreement is entered into by and between the Florida Department of Law Enforcement (FDLE) and
Recipient shown above, and
WHEREAS the Department pursuant to Fiscal Years 2019-2020, 2020-2021, and 2021-2022 General
Appropriations Act 2500 has authority to distribute approximately 6 million dollars supporting local agencies'
efforts in transitioning to incident -based crime data reporting. FDLE's Florida Incident -Based Reporting
System (FIBRS) repository will receive and process the data submitted by local agencies and report it to
the Federal Bureau of Investigation and
WHEREAS the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge,
qualifications and experience to carry out the state project identified herein, and does offer to perform such
services, and
Failure to comply with provisions of this agreement, or failure to meet minimum performance specified in
the agreement will result in required corrective action up to and including project costs being disallowed,
withholding of funds and/or termination of the project, as specified within the terms of the agreement and
215.97 F.S.
Scope of Work
The Recipient will use grant funding to transition to the technological requirements of the FIBRS Project.
Funds will be used to contract with a vendor to facilitate the importation and conversion of data from the
existing system to the new system to allow FIBRS data to be accurately submitted. Funds will also be used
to purchase equipment to upgrade to the necessary memory requirements to implement the FIBRS
software addition. Once funds are available, the Recipient will obtain authorization to purchase, which will
take approximately two months. Software implementation should occur within one week of purchase,
whereupon the Recipient will test transactions with FDLE.
Project Deliverables
Funds provided under this award shall be used for the purposes and types of expenses set forth in the
FIBRS Implementation Funding Opportunity (i.e. the program announcement), alongside state and local
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requirements, and pursuant to the approved application, budget, etc., submitted by the Recipient and FDLE,
and any related amendments.
Total payments for all deliverables will not exceed the maximum grant award amount of $36,675.00. The
Recipient may invoice the Department for reimbursement under the grant on a monthly basis. The
maximum allowable reimbursable amount shall $36,675.00. Reimbursements to the Recipient will be
limited to actual, allowable expenses documented and submitted to the Department. All invoices,
receiving documentation, purchase orders, 3rd party agreements, any scopes of work, etc. and copies
of checks must be submitted to the Department by the Recipient with related reimbursement requests.
The Recipient shall make supporting documentation available upon request, to comply with state grant
documentation requirements and/or audits. Minimum performance for contracted providers and
deliverables is to be documented in the contractual agreement between the Recipient and the provider
and overseen by Department staff.
Florida requires the use of the Florida Single Audit Act Checklist for Nonstate Organizations form
(DFS-A2-NS) for recipients and subrecipients. Agencies with amounts authorized in the Contractual
Services Budget Category must complete this form. A copy is attached as Exhibit 1.
Deliverable 1 — Equipment
Recipient will use grant funds to purchase equipment necessary to
complete and support the incident -based reporting transition.
Minimum Performance Criteria:
Performance will be the procurement and receipt of goods/services
purchased.
This is a cost reimbursement deliverable. Failure to provide proper
Financial Consequences:
supporting documentation for equipment & supplies could result in
project costs being disallowed, withholding of funds, and/or termination
of the project.
Deliverable Price:
Total payments for this deliverable will be approximately $19,925.00
Deliverable 2 — Contractual
Recipient will use grant funds to contract with a vendor implement
Services
the software needed to transition to incident -based reporting.
Minimum Performance
Completion of or progress with at least one activity described in the
Criteria:
Scope of Work. Documentation includes an attestation of activities or
services rendered on the expenditure report.
This is a cost reimbursement deliverable. Failure to provide proper
Financial Consequences:
supporting documentation for services rendered could result in
project costs being disallowed, withholding of funds, and/or
termination of the project.
Deliverable Price:
Total payments for this deliverable will be approximately $16,750.00
Performance Reports
Recipient shall provide monthly Performance Reports to the Department attesting to the progress towards
deliverables and to validate the required minimum acceptable level of service performed. Performance
Reports are due fifteen (15) days after the end of each reporting period. (Example: If the reporting period
is July 1-31, the Performance Report is due August 151'.) A Performance Report template is attached as
Exhibit 2.
Recipient will respond to the questions listed below in the monthly Performance Reports. Information
provided by the Recipient will be used by the Department for processing payments, verifying deliverables,
and to compile reports on project progress to the Legislature and Executive Office of the Governor.
Performance Reports must address and/or contain the following:
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1. Provide a narrative describing the activities and accomplishments achieved during the reporting
period.
2. Provide a summary report of activities completed and status addressing the deliverables in the
scope of work.
3. Describe any progress or barriers encountered related to achieving those goals during the reporting
period and how these obstacles will impact the successful completion of the project.
Supporting documentation for performance must be maintained by Recipient and made available upon
request for monitoring purposes. Examples of supporting documentation include, but are not limited to,
invoices, performance reports and status reports.
Payments to the Recipient (including payments under future awards) may be withheld, or other related
requirements may be imposed, if required information and reports are not submitted within the specified
time periods.
Payment Requirements & Financial Claim Reports
The State of Florida's performance and obligation to pay under this agreement is contingent upon an
appropriation by the Legislature.
This is a cost reimbursement agreement. The Recipient must maintain original supporting documentation
for all funds expended and received under this agreement in sufficient detail for proper pre- and post-
audit(s) and to verify work performed was in accordance with the deliverable(s) and not eligible for payment
under another state or federal funding source. Payment shall be contingent upon the Department's grant
manager receiving and accepting the invoice and supporting documentation. Supporting documentation
includes, but is not limited to, quotes, procurement documents, purchase orders, original receipts, invoices,
canceled checks or EFT records, bank statements, etc.
Claim Reports shall validate the receipt of goods and services and verify the Recipient's compliance with
691-40.002, F.A.C. All expenditures for state financial assistance must comply with the Reference Guide
for State Expenditures published by the Florida Department of Financial Services. The Department will
administer and disburse funds under this agreement in accordance with ss. 215.97, 215.971, 215.981 and
215.985, F.S.
The Department will reimburse the Recipient for allowable expenditures incurred during the eligible
reporting period according to the terms and conditions, subject to the availability of funds and satisfactory
performance of all terms by the Recipient.
Recipient shall provide monthly Claim Reports to the Department due thirty (30) days after the end of each
reporting period. A Claim Report template is attached as Exhibit 3. All Claim Reports must be approved
and signed by the Recipient's chief financial official and include a certification that costs claimed are true
and valid costs incurred in accordance with the agreement.
The State Chief Financial Officer (CFO) reserves the right to require further documentation on an as needed
basis.
Using the forms provided in conjunction with this agreement, Claim Reports must clearly identify the dates
of services, a description of the specific contract deliverables provided during the reporting period, the
quantity provided, and the payment amount specified in the agreement. Deliverables must be received and
accepted prior to payment and are subject to subsequent audit and review to the satisfaction of the
Department. The Department's determination of acceptable expenditures shall be conclusive.
The final claim for payment shall be submitted to the Department no more than thirty (30) days after the
end date of the grant. Any payment due under the terms of this agreement may be withheld until
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performance of services and all reports due from the Recipient and necessary adjustments have been
approved by the Department. Before the final payment will be processed, the Recipient shall submit to the
Department all outstanding project reports and must have satisfied all special conditions. Failure to comply
with these provisions shall result in forfeiture of reimbursement.
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Appendix A: Administration
Changes to the following points of contact and chief officials below must be submitted to the FDLE grant
manager within the CJIS Director's Office in writing at CJISFunding(a,fdle.state.fl.us.
Chief Official
Name
Donald Hagan
Title
Chief of Police
50 SE 2nd Avenue
Address
Okeechobee, FL 34974
Phone
863-763-9782
Email
dhagan@cityofokeechobee.com
Contract/Grant Manager
Name Bettye Taylor
Title Lieutenant
Address 50 SE 2nd Avenue
Okeechobee, FL 34974
Phone 863-763-2626 ext. 9783
Email btaylor@cityofokeechobee.com
Official Payee
Agency City of Okeechobee
Address 55 SE 3rd Avenue
Okeechobee, FL 34974
Phone
863-763-3372
Email
gritter@cityofokeechobee.com
FEID#
59-6000393
Programmatic Contact
Name
Bettye Taylor
Title
Detective Sergeant
Address
50 SE 2nd Avenue
Okeechobee, FL 34974
Phone
863-763-9783
Email
btaylor@cityofokeechobee.com
Chief Financial Officer
Name
India Riedel
Title
Finance Director
Address
55 SE 3rd Avenue
Okeechobee, FL 34974
Phone
863-763-9818
Email
iriedel@cityofokeechobee.com
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Appendix B: Budget
The following describes the proposed budget for the project. All amounts noted in the below budget are
estimates based on preliminary quotes or prior program activities. Deviations from this budget that exceed
10% of the total amount in any budget category must be approved by FDLE CJIS Director's Office in writing
prior to payment. Requests for amendments must be submitted to the FDLE grant manager within the CJIS
Director's Office in writing at CJISFunding(c�fdle.state.fl.us.
Budget Category
Total
A.
Overtime
$0.00
B.
Travel
$0.00
C.
Equipment (OCO)
$19,925.00
D.
Expenses (Supplies)
$0.00
E.
Contractual Services & Subcontracts
$16,750.00
F.
Other Costs
$0.00
TOTAL
$36,675.00
Budget Narrative:
A. Personnel (Overtime)
B. Travel
C. Equipment (Operating/Fixed Capital Outlay)
Recipient will use grant funds to purchase equipment needed to submit compliant FIBRS data.
• Approximately 6 laptops for a total of $19,925.00.
D. Expenses (Supplies)
E. Contractual Services & Subcontracts
Recipient will use grant funds to contract with a vendor to facilitate the importation and conversion of data
from the existing system to the new system to allow FIBRS data to be accurately submitted for an
approximate total of $16,750.00.
F. Other Costs
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Appendix C: Standard Conditions
The following terms and conditions will be binding
upon approval of the grant award and completion
of the Certificate of Acceptance by the Recipient.
The Recipient will maintain required registrations
and certifications for eligibility under this program.
The Department and the Recipient agree that
they do not contemplate the development,
transfer or receipt of intellectual property as a part
of this agreement.
The Recipient certifies with respect to this
agreement that it possesses the legal authority to
receive the funds to be provided under this
agreement and that, if applicable, its governing
body has authorized, by resolution or otherwise,
the execution and acceptance of this agreement
with all covenants and assurances contained
herein. The Recipient also certifies that the
undersigned possesses the authority to legally
execute and bind Recipient to the terms of this
agreement.
If a project is not operational within thirty (30)
days of the original start date of the award period,
the Recipient must report by letter to the
Department the steps taken to initiate the project,
the reasons for delay, and the expected start
date. If a project is not operational within sixty
(60) days of the original start date of the award
period, the Recipient must submit a second
statement to the Department explaining the
implementation delay.
Upon receipt of the ninety (90) day letter, the
Department shall determine if the reason for
delay is justified or shall, at its discretion, require
additional project documentation and
justifications throughout the award period. The
Department will also require the Recipient
provide a revised project timeline that includes all
anticipated project activities, tasks, and
estimated completion date(s).
L PAYMENTS
Overpayments
Any funds paid in excess of the amount to which
the Recipient is entitled under the terms and
conditions of the agreement must be refunded to
the Department.
Any balance of unobligated cash that have been
advanced or paid that is not authorized to be
retained for direct program costs in a subsequent
period must be refunded to the state.
II. PROJECT AND GRANT MANAGEMENT
Personnel Changes
In the event there is a change in Chief Officials or
Project Director for the Recipient or any contact
information to include mailing address, phone
number, email or title change, the Recipient must
notify the FDLE grant manager.
Obligation of Grant Funds
Grant funds shall not under any circumstances be
obligated prior to the effective date, or
subsequent to the termination date, of the period
of performance. Only project costs incurred on or
after the effective date, and on or prior to the
termination date of the Recipient's project are
eligible for reimbursement. All payments must be
completed within thirty (30) days of the end of the
grant period of performance.
Financial Management
The Recipient must have a financial management
system in place that is able to record and report
on the receipt, obligation, and expenditure of
grant funds. An adequate accounting system
must be able to separately track receipts,
expenditures, assets, and liabilities for awards,
programs, and subrecipients.
The Recipient shall maintain books, records, and
documents (including electronic storage media)
in accordance with generally accepted
accounting procedures and practices.
Recipient must have written procedures for
procurement transactions.
Travel
Cost for travel shall be reimbursed at the
Recipient's travel rate, but the total per travel
voucher shall not exceed rates established in
State of Florida Travel Guidelines, s. 112.061,
F.S.
Subcontracts
Recipient agrees that all employees,
subcontractors, or agents performing work under
the agreement shall be properly trained
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individuals who meet or exceed any specified
training qualifications.
Recipient agrees to be responsible for all work
performance and all expenses incurred in fulfilling
the obligations of this agreement, and will not
assign the responsibility for this agreement to
another party. If the Recipient subcontracts any
or all of the work required under this agreement,
a copy of the executed subcontract must be
forwarded to the Department within thirty (30)
days after execution of the subcontract. The
Recipient agrees to include in the subcontract
that (i) the subcontractor is bound by all
applicable state and federal laws and regulations,
and (ii) the subcontractor shall hold the
Department and Recipient harmless against all
claims of whatever nature arising out of the
subcontractor's performance of work under this
agreement, to the extent allowed and required by
law.
Grant Adjustments
Recipients must submit a grant adjustment to the
FDLE grant manager for major substantive
changes such as: scope modifications or
changes to project activities, target populations,
service providers, implementation schedules,
project director, designs or research plans set
forth in the approved agreement, and for any
budget changes that affect a cost category that
was not included in the original budget.
Recipients may transfer up to 10% of the total
budget between current, approved budget
categories without prior approval, as long as the
funds are transferred to an existing line item.
Adjustments are required when there will be a
transfer of 10% or more of the total budget
between budget categories.
Under no circumstances can transfers of funds
increase the total award.
Requests for changes to the grant agreement
must be signed by the Recipient or implementing
agency's chief official or the chief official's
designee.
All requests for changes must be submitted no
later than thirty (30) days prior to grant expiration
date.
Ill. MANDATORY DISCLOSURES
Conflict of Interest
The Recipient will establish safeguards to prohibit
employees from using their positions for a
purpose that constitutes or presents the
appearance of personal or organizational conflict
of interest, or personal gain.
Recipients must disclose in writing any potential
conflict of interest to the Department.
Violations of Criminal Law
The Recipient must disclose all violations of state
or federal criminal law involving fraud, bribery or
gratuity violations potentially affecting the grant
award.
Convicted Vendors
The Recipient shall disclose to the Department if
it, or any of its affiliates, as defined in s.
287.133(1)(a) F.S., is on the convicted vendor
list. A person or affiliate placed on the convicted
vendor list following a conviction for a public entity
crime is prohibited from doing any activities listed
in the agreement for a period of thirty-six (36)
months from the date of being placed on the
convicted vendor list.
Vendors on Scrutinized Companies Lists
If this agreement is in the amount of $1 million or
more, Recipient certifies upon executing this
agreement, that it is not listed on either 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 engaged in
business operations in Cuba or Syria. In the event
that federal law ceases to authorize the states to
adopt and enforce the contracting prohibition
identified herein, this provision shall be null and
void.
Discriminatory Vendors
The Recipient shall disclose to the Department if
it or any of its affiliates, as defined by s.
287.134(1)(a), F.S. appears on the discriminatory
vendors list. An entity or affiliate placed on the
discriminatory vendor list pursuant to s. 287.134,
F.S. may not a) submit a bid, proposal, or reply
on a contract or agreement to provide any goods
or services to a public entity; b) submit a bid,
proposal, or reply on a contract or agreement with
a public entity for the construction or repair of a
public building or public work; c) submit bids,
proposals, or replies on leases of real property to
a public entity; d) be awarded or perform work as
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a contractor, subcontractor, Recipient, supplier,
subrecipient, or consultant under a contract or
agreement with any public entity; or e) transact
business with any public entity.
Reporting Potential Fraud, Waste, Abuse, and
Similar Misconduct
The Recipient must promptly refer to the
Department of Law Enforcement, Criminal
Justice Information Services any credible
evidence that a principal, employee, agent,
contractor, subcontractor, or other person has
either 1) submitted a claim for grant funds that
violates the False Claims Act; or 2) committed a
criminal or civil violation of laws pertaining to
fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds.
Restrictions and certifications regarding non-
disclosure agreements and related matters
Recipients or contracts/subcontracts under this
award may not require any employee or
contractor to sign an internal confidentiality
agreement or statement that prohibits, restricts or
purports to prohibit or restrict, the reporting of
waste, fraud or abuse in accordance with law, to
an investigative or law enforcement
representative of a state or federal department or
agency authorized to receive such information.
The Recipient certifies that if it is informed or
notified of any subrecipient, or
contractor/subcontractor has been requiring their
employees to execute agreements or statements
that prohibit the reporting of fraud, waste, or
abuse that it will immediately cease all further
obligations of award funds to the entity and will
immediately notify the Department. The Recipient
will not resume obligations until expressively
authorized to do so from the Department.
IV. COMPLIANCE WITH STATUTES, RULES,
AND REGULATIONS
In performing its obligations under this
agreement, the Recipient shall without exception
be aware of and comply with all State and Federal
laws, rules and regulations relating to its
performance under this agreement as they may
be enacted or amended from time -to -time, as well
as any court or administrative order, judgment,
settlement or compliance agreement involving
the Department which by its nature affects the
services provided under this agreement. The
following are examples of rules and regulations
that govern Recipient's performance under this
agreement.
Civil Rights
The Recipient agrees to comply with the
Americans With Disabilities Act (Public Law 101-
336, 42 U.S.C. Section 12101 et seq.) and shall
not discriminate against any employee (or
applicant for employment) in the performance of
this agreement because of race, color, religion,
sex, national origin, disability, age, or marital
status. These requirements shall apply to all
contractors, subcontractors, subgrantees or
others with whom it arranges to provide services
or benefits to clients or employees in connection
with its programs and activities.
Lobbying Prohibited
The Recipient shall comply with the provisions of
ss. 11.062 and 216.347, F.S., which prohibit the
expenditure of funds for the purpose of lobbying
the Legislature, judicial branch, or a State
agency. No funds or other resources received
from the Department in connection with this
agreement may be used directly or indirectly to
influence legislation or any other official action by
the Florida Legislature or any state agency.
Public Records
As required by s. 287.058(1)(c), F.S., the
Recipient shall allow public access to all
documents, papers, letters, or other public
records as defined in s. 119.011(12), F.S. as
prescribed by s. 119.07(1) F.S., made orreceived
by the Recipient in conjunction with this
agreement, except that public records which are
made confidential by law must be protected from
disclosure. It is expressly understood that the
Recipient's failure to comply with this provision
shall constitute an immediate breach of contract,
for which the Department may unilaterally
terminate this agreement.
Timely Payment of Subcontractors
To the extent that a subcontract provides for
payment after Recipient's receipt of payment
from the Department, the Recipient shall make
payments to any subcontractor within 7 working
days after receipt of full or partial payments from
the Department in accordance with s. 287.0585,
F.S., unless otherwise stated in the agreement
between the Recipient and subcontractor. Failure
to pay within seven (7) working days will result in
a penalty that shall be charged against the
Recipient and paid by the Recipient to the
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subcontractor in the amount of one-half of one
percent (.005) of the amount due per day from the
expiration of the period allowed for payment.
Such penalty shall be in addition to actual
payments owed and shall not exceed fifteen
(15%) percent of the outstanding balance due.
Legal Authorization
The Recipient certifies with respect to this
agreement that it possesses the legal authority to
receive the funds to be provided under this
agreement and that, if applicable, its governing
body has authorized, by resolution or otherwise,
the execution and acceptance of this agreement
with all covenants and assurances contained
herein. The Recipient also certifies that the
undersigned possesses the authority to legally
execute and bind Recipient to the terms of this
agreement.
Independent Contractor, Subcontracting and
Assignments
In performing its obligations under this
agreement, the Recipient shall at all times be
acting in the capacity of an independent
contractor and not as an officer, employee, or
agent of the State of Florida. Neither the
Recipient nor any of its agents, employees,
subcontractors or assignees shall represent to
others that it is an agent of or has the authority to
bind the Department by virtue of this agreement,
unless specifically authorized in writing to do so.
Notice of Legal Actions
The Recipient shall notify the Department of
potential or actual legal actions taken against the
Recipient related to services provided through
this agreement or that may impact the Recipient's
ability to complete the deliverables outlined
herein, or that may adversely impact the
Department. The Department's Grant Manager
will be notified within 10 days of Recipient
becoming aware of such actions or potential
actions or from the day of the legal filing,
whichever comes first.
Property
In accordance with s. 287.05805, F.S., any State
funds provided for the purchase of or
improvements to real property are contingent
upon the Recipient granting to the State a
security interest in the property at least to the
amount of the State funds provided for at least
five (5) years from the date of purchase or the
completion of the improvements or as further
required by law.
Background Check
Whenever a background screening for
employment or a background security check is
required by law for employment, unless otherwise
provided by law, the provisions of Chapter 435
F.S., shall apply.
All employees in positions designated by law as
positions of trust or responsibility shall be
required to undergo security background
investigations as a condition of employment and
continued employment. For the purposes of the
subsection, security background investigations
shall include, but not be limited to, employment
history checks, fingerprinting for all purposes and
checks in this subsection, statewide criminal and
juvenile record checks through the Florida
Department of Law Enforcement, and federal
criminal record checks through the Federal
Bureau of Investigation, and may include local
criminal record checks through local law
enforcement agencies.
V. RECORDS, AUDITS AND DATA SECURITY
Records, Retention
Retention of all financial records, supporting
documents, statistical records, and any other
documents (including electronic storage media)
pertinent to this agreement shall be maintained
by the Recipient during the term of this
agreement and retained for a period of five (5)
years after completion of the agreement or longer
when required by law. In the event an audit is
required under this agreement, records shall be
retained for a minimum period of five (5) years
after the audit report is issued or until resolution
of any audit findings or litigation based on the
terms of this agreement, at no additional cost to
the Department.
Upon demand, at no additional cost to the
Department, the Recipient will facilitate the
duplication and transfer of any records or
documents during the term of this agreement and
the required five (5) year retention period. No
record may be withheld, nor may the Recipient
attempt to limit the scope of any of the foregoing
inspections, reviews, copying, transfers or audits
based on any claim that any record is exempt
from public inspection or is confidential,
proprietary or trade secret in nature; provided,
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however, that this provision does not limit any
exemption to public inspection or copying to any
such record.
These records shall be made available at all
reasonable times for inspection, review, copying,
or audit by State, or other personnel duly
authorized by the Department.
Audits
The Recipient shall comply and cooperate
immediately with any inspections, reviews,
investigations, or audits deemed necessary by
The Office of the Inspector General (s. 20.055,
F.S.).
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,
or thereafter), the recipient must have a state
single or project -specific audit for such fiscal year
in accordance with section 215.97, F.S.;
applicable rules of the Department of Financial
Services; and Chapters 10.550 (local
governmental entities) and 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor
General. This form lists the state financial
assistance awarded through the Department 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 the Department, 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.
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.
If the recipient expends less than $750,000 in
state financial assistance in its fiscal year (for
fiscal years ending June 30, 2017, or 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).
Pursuant to s. 215.97(8), F.S., State agencies
may conduct or arrange for audits of state
financial assistance that are in addition to audits
conducted in accordance with s. 215.97, F.S.. In
such an event, the State awarding agency must
arrange for funding the full cost of such additional
audits.
Any reports, management letters, or other
information required to be submitted to the
Department 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.
Recipients, when submitting financial reporting
packages to the Florida Department of Law
Enforcement 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.
Copies of financial reporting packages required
by this agreement shall be submitted by or on
behalf of the Recipient directly to each of the
following:
The Department of Law Enforcement at:
ATTN: Rebecca Gardner
Florida Department of Law Enforcement
Criminal Justice Information Services
Post Office Box 1489
Tallahassee, Florida 32302-1489
The Auditor General's website
(https://flauditor.gov/) provides instructions for
filing an electronic copy of a financial reporting
package.
The Auditor General's Office at:
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Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
Monitoring
The Recipient agrees to comply with the
Department's grant monitoring guidelines,
protocols, and procedures; and to cooperate with
the Department on all grant monitoring requests.
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.), monitoring procedures may
include, but not be limited to, on -site visits by
Department 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 the Department. In the event the
Department determines that a limited scope audit
of the recipient is appropriate, the recipient
agrees to comply with any additional instructions
provided by Department 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. Failure to cooperate
with grant monitoring activities may result in
sanctions affecting the Recipient's award,
including, but not limited to: withholding and/or
other restrictions on the Recipient's access to
funds, and/or referral to the Office of the Inspector
General for audit review.
Property Management
The Recipient shall establish and administer a
system to protect, preserve, use, maintain, and
dispose of any property furnished to it by the
Department or purchased pursuant to this
agreement.
Recipient's Confidential and Exempt
Information
By executing this agreement, the Recipient
acknowledges that, having been provided an
opportunity to review all provisions hereof, all
provisions of this agreement not specifically
identified in writing by the Recipient prior to
execution hereof as "confidential" or "exempt" will
be posted by the Department on the public
website maintained by the Department of
Financial Services pursuant to s. 215.985, F.S.
The Recipient agrees that, upon written request
of the Department, it shall promptly provide to the
Department a written statement of the basis for
the exemption applicable to each provision
identified by the Recipient as "confidential" or
"exempt", including the statutory citation to an
exemption created or afforded by statute, and
state with particularity the reasons for the
conclusion that the provision is exempt or
confidential.
Any claim by Recipient of trade secret
(proprietary) confidentiality for any information
contained in Recipient's documents (reports,
deliverables or work papers, etc., in paper or
electronic form) submitted to the Department in
connection with this agreement cannot be
waived, unless the claimed confidential
information is submitted in accordance with the
following two paragraphs.
The Recipient must clearly label any portion of
the documents, data, or records submitted that it
considers exempt from public inspection or
disclosure pursuant to Florida's Public Records
Law as trade secret. The labeling will include a
justification citing specific statutes and facts that
authorize exemption of the information from
public disclosure. If different exemptions are
claimed to be applicable to different portions of
the protected information, the Recipient shall
include information correlating the nature of the
claims to the particular protected information.
The Department, when required to comply with a
public records request including documents
submitted by the Recipient, may require the
Recipientto expeditiously submit redacted copies
of documents marked as trade secret in
accordance with this section. Accompanying the
submission shall be an updated version of the
justification, correlated specifically to redacted
information, either confirming that the statutory
and factual basis originally asserted remain
unchanged or indicating any changes affecting
the basis for the asserted exemption from public
inspection or disclosure. The redacted copy must
exclude or obliterate only those exact portions
that are claimed to be trade secret. If the
Recipient fails to promptly submit a redacted
copy, the Department is authorized to produce
the records sought without any redaction of
proprietary or trade secret information.
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VI. PENALTIES, TERMINATION, DISPUTE
RESOLUTION, LIABILITY AND
COMMUNICATION
Financial Penalties for Failure to Take
Corrective Action
Corrective action plans may be required for
noncompliance, nonperformance, or
unacceptable performance under this agreement.
Penalties may be imposed for failures to
implement or to make acceptable progress on
such corrective action plans.
Termination
The Department reserves the right to unilaterally
cancel this agreement for refusal by the Recipient
to allow public access to all documents, papers,
letters or other material subject to the provisions
of Chapter 119, Florida Statutes, and made or
received by the Recipient in conjunction with this
agreement, unless the records are exempt
pursuant to Article I. Section 24(a), of the Florida
Constitution and s. 119.07(1), F.S.
The Department shall be the final authority as to
the appropriation, availability and adequacy of
funds. In the event the Recipient fails to fully
comply with the terms and conditions of this
agreement, the Department may terminate the
agreement upon written notice. Such notice may
be issued without providing an opportunity for
cure if it specifies the nature of the
noncompliance and states that provision for cure
would adversely affect the interests of the State
or is not permitted by law or regulation.
Otherwise, notice of termination will be issued
after the Recipient's failure to fully cure such
noncompliance within the time specified in a
written notice of noncompliance issued by the
Department specifying the nature of the
noncompliance and the actions required to cure
such noncompliance. In addition, the Department
may employ the default provisions in Rule 60A-
1.006(3), F.A.C., but is not required to do so in
order to terminate the agreement. The
Department's failure to demand performance of
any provision of this agreement shall not be
deemed a waiver of such performance. The
Department's waiver of any one breach of any
provision of this agreement shall not be deemed
to be a waiver of any other breach and neither
event shall be construed to be a modification of
the terms and conditions of this agreement. The
provisions herein do not limit the Department's
right to remedies at law or in equity. The validity
of this agreement is subject to the truth and
accuracy of all the information, representations,
and materials submitted or provided by the
Recipient in this agreement, in any subsequent
submission or response to Department request,
or in any submission or response to fulfill the
requirements of this agreement, and such
information, representations, and materials are
incorporated by reference. The lack of accuracy
thereof or any material changes shall, at the
option of the Department and with thirty (30) days
written notice to the Recipient, cause the
termination of this agreement and the release of
the Department from all its obligations to the
Recipient. This agreement shall be construed
under the laws of the State of Florida, and venue
for any actions arising out of this agreement shall
lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is
otherwise unenforceable, then such provision
shall be deemed null and void to the extent of
such conflict, and shall be deemed severable, but
shall not invalidate any other provision of this
agreement.
No waiver by the Department of any right or
remedy granted hereunder or failure to insist on
strict performance by the Recipient shall affect or
extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect
the subsequent exercise of the same right or
remedy by the Department for any further or
subsequent default by the Recipient. Any power
of approval or disapproval granted to the
Department under the terms of this agreement
shall survive the terms and life of this agreement
as a whole.
The agreement may be executed in any number
of counterparts, any one of which may be taken
as an original. In the event of termination, the
Recipient will be compensated for any work
satisfactorily completed through the date of
termination or an earlier date of suspension of
work.
Disputes and Appeals
The Department shall make its decision in writing
when responding to any disputes,
disagreements, or questions of fact arising under
this agreement and shall distribute its response
to all concerned parties. The Recipient shall
proceed diligently with the performance of this
agreement according to the Department's
decision. If the Recipient appeals the
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Department's decision, the appeal also shall be
made in writing within twenty-one (21) calendar
days to the Department's clerk (agency clerk).
The Recipient's right to appeal the Department's
decision is contained in Chapter 120, F.S., and in
procedures set forth in Fla. Admin. Code R.28-
106.104. Failure to appeal within this time frame
constitutes a waiver of proceedings under
Chapter 120, F.S. After receipt of a petition for
alternative dispute resolution the Department and
the Recipient shall attempt to amicably resolve
the dispute through negotiations. Timely delivery
of a petition for alternative dispute resolution and
completion of the negotiation process shall be a
condition precedent to any legal action by the
Recipient concerning this agreement.
Liability
Unless the Recipient is a state agency or
subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in
carrying out the terms of this agreement, and
Signatures
shall save the Department harmless against all
claims of whatever nature by third parties arising
out of the performance of work under this
agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or
agent of the Department, but is an independent
contractor.
Nothing herein shall be construed as consent by
a state agency of the State of Florida to be sued
by third parties in any matter arising out of any
contract.
Nothing in this agreement shall be construed to
affect in any way the Recipient rights, privileges,
and immunities under the doctrine of "sovereign
immunity" and as set forth in s. 768.28, Florida
Statutes.
IN WITNESS WHEREOF, the FDLE and Recipient have caused this Grant to be Adjusted by their
respective undersigned official(s) authorized to do so, effective on the date of final execution.
Corrections on this page, including strikeovers, whiteout, etc. are not permitted.
State of Florida
Department of Law Enforcement
Criminal Justice Information Services
Signature:
Typed Name and Title: Jennifer Miller. Bureau Chief
Date:
Recipient
Okeechobee Police Department
Signature:
Typed Name and Title:
Date:
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