07/01/2019 AgreementDocuSign Envelope ID: F9CD7064-4C7F-4A49-854l-07FA8DBE5013
=L'AlICALASSISIAMILE
GRANT AGREEMENT
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
t
Agreement #130363
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 1-13: Invoice: Grantee's Employee(s)
• Attachment 1-C: Invoice: Combination of Grantee's Subcontractor(s) and Grantee's
Employee(s)
• Attachment I-D: Grant Agreement Final Closeout Form
• Attachment 2 and Exhibit Ito Attachment 2.- Audit Requirementj
• Attachment 3: Audit Compliance Certcation
WHEREAS, the Agreement and its aforem:entioned Attachments are hereinafter collectiv
is
referred to as the "Agreement", and if any inconsistencies or conflict between the language of t
Ag.reement and its Attachments arise. then the laqqj- ftlle-Aua-
extent of the conflict or inconsistency;
WHEREAS, Grantee hereby represents and warrants that Grantee's signatory to this Agreement
�,,,vs vist'viwitv t.*, hiiui! Cor.?ntet- t-* vio j:ffarti,t. n-4*n-_*--rrVMr,4 1-p,�ntgm +0�r.�,i,.Oy 4,
AOR , Ir 14n -MyDa"1411,
r#-C,kPe71 r#F-ivwff( *-rlil I Me terms ana conamons of
this Agreement;
the Parties intending to be legally bound hereby agree to perform the duties described herein in t
Agreement as follows:
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Page I of 40
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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
in Reference Guide For State Ex
2LmLjturtL-pdf).
in Electronic Funds Transfer (EFT) from the State's Chief Financial Officer. Copies of the
page at: httos./J'wwlw,mvfloridac.fo.com/Division/""A,� �endoffisl. Questions should be directed to
the EFT Section at (850) 413-5517. Once enrolled, EFT shall make invoice payments.
laws or regulations make changes to this Agreement necessary. In addition to changes
necessitated b,L� DEO mag at any time, with
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 chanqRs-a-4.AAa5AMJ,,y rwqm6�1 't fivi-*--ny em?.sy,
to determine the impact of each aforementioned modification or change. Any modification of
order to be valid and enforceable.
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DocuSign Envelope ID: F9CD7064-4C7F-4A49-B541-07FA8DBE5013
I . . . . . . . . . . . . .
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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.
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 PRRegues9@4gq.MyfloHda.coin
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 of the State Constitution
119.07(l), 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 exce�t
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.
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
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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 DEC's request at no cost to DEO.
Grantee shall maintain all books, records, and documents in accordance with generally
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Z
accepted accounting procedures and practices which sufficiently and properly reflect al.,
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
ARreement. Lloon emolration or termin
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reouired bv DEO to nerfor
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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.
S. 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,ry�yfLqfl!ia.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.
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,
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sr; iITU U U
progress, thus endangering performance of the Agreement; (3) honor any term of the
Aereement; or (4) abide bv anv statutorv, reeulatorv. or lice,,tg�yvg ran u
Id 41'4LL-11 134 a"oeovI oMn
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 tf,
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.
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Agreement #130363
11RIM xi I HT11112#1 xi
or'
of the A roDn*�mt 7.,1,
whole or in part.
F.S. As required by s. 287.135(5), Grantee certifies that it is not: (1) listed on the Scrutinized
Companies that Boycott Israel 215-4324�, -2 bwset
of Israel; (3) listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum
F.S.- ed in business onerations in Cuba or,
Agreement if Grantee submits a false certification as to the
Scrutinized Companies that Boycott Israel List, engages in a boycott of Israel, is placed on the
Limitations on Advertising of Agreement. DEO does not endorse any Grantee, commodity,
or service. Sub! 4117
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,
i d e nt if y I n 11 D E 0 o r t h e Sta t e a s a ref e re n ce -, o r
L;,,escription of the Agreement or the name of DEO or the State in any material published,
elt er in orint or I
WON
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.
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DocuSign Envelope ID: F9CD7064-4C7F-4A49-B541-07FA8DBE6013
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
(h11pE,L'.,/m�vvw.M floridacfoccTBZD!visionZAA/ManuaLc,Ay nln�/RefeLtgce Guide For Stat e Expenditurespiff) with detail sufficient for a proper pre -audit and post -audit 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 ally required
repart(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 691-24, F.A.C., and
section 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422,
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(l), 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:
AA4m�Lflot�dgLfoconi�DivisionLAA�LocalGover�im��-, 11L urrent.htm
S. Grantee shall submit the final invoice for payment to DEO no later than 60 days after the
Agreement ends or is terminated. If Grantee falls 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.
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L. 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.
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 (ili) 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.
11,17-W
within 30d a y!s of -Grant *A W_p—gy van
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
*,utstanding balance beginning 30 days after the date of notification or discovery.
4C 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 underthis 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.
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
i7aate of Florida may provide such coverage.
IF
If
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
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$100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall
cover all employees engaged in any Agreement wo,k.
all employees engaged in any Agreement work. Grantee shall maint in any other insurance
required in the Scope of Work. Upon request, Grantee shall produce evidence of insurance to
DEC.
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
Nlwr-i�- 11
void the Agreement, at DEO's sole and absolute discretion, after DEO's review of Grantee's
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thAk
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.
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
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all data, flies, and records involved with this Agreement.
ft, mtX,
written consent of the recipient, or Recipients' responsible parent or guardian when authorized
by law, if applicable.
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19311
When Grantee has access to DEC's network and/or applications, in order to fulfill Grantee's
obligations under this Agreement, Grantee shall abide by all applicable DEC 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 DEC in writing when Grantee, its employees, agents, or
representatives become aware of an inadvertent disclosure of DEC's unsecured confidential
information In violation of the terms of this Agreement. Grantee shall report to DEC any Security
Incidents of vv-�iAsV it �-,,P-c
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possession or electronic interference with DEC operations; provided, however, that random
attempts at access shall not be considered a security incident. Grantee shall make a report to
DEC not more than seven business days after Grantee learns of such use or disclosur%.9,Awitpe�r-
report shall identify, to the extent known: (i) the nature of the unauthorized use or disclosure, (I!)
the confidential information used or disclosed, (III) who made the unauthorized use or received
the unauthorized disclosure,$,x�rjtdw-wi,,ILU—Fas Alne
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 DEC'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 :or containing personal data. Good faith
acquisition of personal information by an employee or agent of the Grantee is not a breach,
,v,rovided the inform%61tm-
this Agreement or is not subject to further unauthorized use.
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 DEC to be granted to and vested in the Florida D- epartment 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 DEC and, upon creation, shall be owned
exclusively by DEC. To the extent that any such works may not be considered works made
for hire for DEC under applicable law, Grantee agrees, upon creation of such works, to
automatically assign to DEC ownership, including copyright interests and any other
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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 of
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 rightto 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
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.
any Information Technology Resource (ITR) or conducting any activity that will impact DEO's
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
etxh-,
purchase approval,
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 nonexpenclable
nature.)
2. All nonexpenclable property, purchased under this Agreement, shall be listed on the property
records of Grantee. Grantee shall inventory annually and maintain accounting records for all
nonexpenclable 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 nonexpenclable property purchased under this Agreement
without the written permission of and in accordance with instructions from DEO.
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Immediately upon discovery, Grantee shall notify DEO, in writing, of any property loss with
the date and reason(s) for the loss.
S. Grantee shall be responsible for the correct use of all nonexpenclable property Grantee
purchases or DEO furnishes under this Agreement.
6. A formal Agreement amendment is required prior to the purchase of any item of
nonexpenclable property not specifically listed ih Attachment 1: Scope of Work.
7. Upon the Expiration Date of this Agreement Grantee is authorized to retain ownership of any
nonexpenclable 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
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 nonexpenclable property for the uses authorized
herein; the sale, exchange, transfer, trade-in, or disposal of any such nonexpendable
property. D. in its sole discretion, may require Grantee to refund to DEO the fair market
value of the nonexpenclable property at the time of disposition rather than taking possession
of the nonexpenclable 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
trtvemexts t* Oke re?.I pro -
the improvements or as further required by law.
Upon the Expiration Date of the Agreement, Grantee shall be authorized to, retain ownership of
the improve
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
otw ", ky Gar?. -Mee; ?A!;, (3) t,%e rei!l �wt.,X-ertysuNject txtheimprieernt-nts is-YsLl, ftrtlije Fvr�rtst&
orovided in this Aereemed. If %viftiit five v-e7r"_*f fte to-mitafit"T
19
F 1mINOWN F eW 0-L N W6i 9 MnWe n WRJ e
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right, within its sole discretion, to demand reimbursement of part or all of the funding provided
to Grantee under this Agreement.
The title of and the section and paragraph headings in this Agreement are for convenience of
referex-cejtAy a xg sWI mst gvve,-A
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
Page 12 of 40
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subparagraph, or clause contained in this Agreement. As appropriate, the use herein of terms
importinelhe Lin ---W Ike
gular shall also include the ndmics r%p- U
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
This Agreement is subject to chapter 112, F.S. Grantee shall disclose the name of any officer,
jirector, employee, or other agent who is also an employee of the State. Grantee shall also
i.isclose the name-nLany
n Grantee or its affiliates.
04
a partnership or joint venture between the Parties.
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the term of the Subcontract. The Department of Homeland Security's E-Verify system can be
found at: hIIRsJLwww.e-verd &ov
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ranre =,Uuantee's
agents, contractors or employees, operational fraud or criminal activities to DEO's AgreemenI
Manager in writing within 24 chronological hours.
. . . . . . . . . .
ability to engage in this work, national origin, ancestrI6 or age. Grantee shall provide a
11. 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
entitleA 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.
Grantee agreesthat 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
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reject and bar from any facility for cause any of Grantee's employees, subcontractors, or
agents.
S. Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer KT
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
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.
S. Grantee agrees to make payments to the subcontractor within seven (7) working days aftef
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 wn 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-disa bled 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.
L
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
thelanRua me of this A k-.wf
t � �14
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3. Attorneys' Fees, Expenses. Except as set forth otherwise
its own attorneys' fees and
Agreement and the transactions contemplated
INDEMNIFICATION
Page 16 of 40
Rev s130/19
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
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.
Grantee's Agreement Manager:
Michael Roberts; CEP, E.
Assistant Director/Environmental Resources
Monroe County Department of Planning &
Environmental Resources
1100 Simonton Street, Suite 205
Key West, FIL 33040
-Telephone: (305) 289-2502
Roberts-Michael@Monroe County-FL.Gov
K1'AXTZT_Z7=rMWTlT"
Donna Cotterell
-Department of Economic Opportunity
107 East Madison Street, MSC 160
-Tallahassee, FL 32399-4120
Telephone: (8��7-8�496
Jacsimile: (850) 717-8522
Email: donna.22LL2���_
Page 17 of 40
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The Parties' respective contact information is set forth in the immediately preceding paragraph,
and may be sub*ect to chan e at the Pa i
1W
MM I
WRI
I A
mail, postage prepaid, with return receipt.
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.
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Agreement #PO363
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the
attachments hereto, the Parties, through their duty -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
Signature
Mario Rubio
Director
Title Division of (Community Deyelo meat
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:
M ROE COUN
By
Sid Are 14
Sylu' urphy
Title Munroe County, Mayor
Date
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AP A�
A381% OmNTY JXTT0il�i'�cY
2!a
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f- 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 assistanceto help Florida communitiesfind creative
solutions to fostering vibrant, healthy communities, while protecting the functions of important State
resources and facilities.
2. PROJECT DESCRI I
management of stormwater and update two supporting guidance documents to be used ]
by
y o
County regulators and design professionals working within the County. The update will take in 121 r
account developments in technology and forecasts of the effects of sea level rise and changi
intensity and frequency of storms. Updating the County's codes and guidance materials wiI
,., of fresh water.
3. GRANTEE'S RESPONSIBILITIES: Grantee shall timely perform the Deliverables, and Tasks described
this Section 3 and in Section 5 below, and in doing so, Grantee shall comply with all the terms a
conditions of this Agreement. All deliverables and tasks under this Agreement must be complet
on or before the end of the agreement period in Section A. of this Agreement. I
A. Deliverable 1. Summary Background Information — proposed revisions to Monroe County Land
Development Code, and updates to the Stormwater Manual and the Layman's Brochure
R17=7700
Provide a final summary of documents reviewed along with general recommendations for
principles and guidelines to be included in the Monroe County Code, Manual and brochure. The
summaA will he�jrovicled as a brief technical memorandum '!2-3 ya es!,, in PDF -format, Pfolnidh
electronic copies of the documents reviewed for this task.
• South Florida Water Management District Environmental Resource Permit Applicant's
Handbook, Vol 11.
• Monroe County Code (MCC) Sections 114-2(a)(5) and 114-3.
• Monroe County Manual of Stormwater Management
• Monroe County Layman's Brochure (Guidelinesfor Presentation of a Site PlanforSingle
Family and Duplex Lots in Monroe County)
• Monroe County Comprehensive Plan and Coastal Management Element.
• Monroe County Climate Action Plan (2013)
• Low -impact development stormwater manuals for up to three counties in Florida.
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B. Deliverable 2. Stakeholder Engagement for Update of the County Code, Development of the
"Manual of Stormwater Management Practices" and the Layman's Brochure"
]MITITIAM
TR =AtTln dFUL PL'i'Vilill. IeZle' 5 a I aT LWO TOr-UMS 10 provide inTormation on uilaing improved
and more resilient stormwater management systems and to solicit ideas on best management
practices for implementation. These two forums should be conducted through an online webinar
format.
Grantee shall also:
1. Host two forums as webinars for design professionals and County stormwater inspectio
and permit review staff. The first webinar should be conducted before the Deliverable
Technical Memorandum is completed. The second webinar should be conducted after
Deliverable 1 has been submitted to DEO.
2. Submit a list of attendees that includes role/title, professional registrations/certificatio
and design organization represented.
3. Summarize each meeting, I
the manual. The updated documents should be developed in electronic format for upload onto
Monroe County website and in hard copy for general distribution. The County must deliver a
final formatted copy in Microsoft Word format and one color copy in PDF format to DEO.
FOIN'OM FrrM Z
'111A,1-4ff—k IT I V
1. Print the Stormwater Manual in black and white and the Layman's Brochure in color for
distribution to the design community and the general public, upon request.
aim=
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1. Prepare a PowerPoint presentation for the adoption public hearing that describes the
proposed comprehensive plan amendment with any suggested changes based on reviewing
agency comments pursuant to section 163.3184,
2. Conduct two advertised public meetings with the Board of County Commissioners to
communicate proposed code amendments in compliance with Monroe County code
requirements.
3. Provide DEO with copies of the Public notice for the meetings.
4. Develop content from deliverables for information on the Monroe County Website to
communicate code amendments and post the updated Manual and Brochure.
5. Draft and distribute media release to encourage interested parties to download the updatee
Manual and Brochure.
4. DEO RESPONSIBIUTIES: DEO shall receive and review the Deliverables and, upon DEO's acceptan
of the Deliverables and receipt of Grantee's pertinent invoices in compliance with the invoi
procedures of Section K of this Agreement and of Section 10 of this Scope of Work, DEO shall procel
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
PaymentAmaunt Financial
Not to Exceed Consequencesi
Deliverable 1. SummM
Completion of Deliverable I as
$2,960 As provided in
background information
evidenced by submission of all
Section 12 of
for proposed revisions to
of the following:
this Scope of
Monroe County Land
Work, below.
Development Code, and
Final summary of documents
updates to the
reviewed along with general
Stormwater Manual and
recommendations for principles
Layman's Brochure
and guidelines to be included in
Deliverable due date:
the Monroe County Code,
Manual and Brochure. The
January 3, 2020
summary must be provided as a
brief technical memorandum
(2-3 pages).
Grantee shall submit copies of
all required documentation on
paper or electronically in MS
or or PDF format in
accordance with Section 3.A,
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above, If maps are required,
they shall be provided on a
compact disc in PDF format with
ArcGIS compatible shapefiles if
they are available.
Deliverable 2.
Completion of Deliverable 2 as
$7,370 As provided in
Stakeholder
evidenced by submission of all
Section 12 of
Engagement forte
of the following.
this Scope of
Update of the County
or, below.
Code, Development of
a Copy of webinar
the "Manual of
announcement provided to
Stormwater
design professionals and
Management
county staff.
Practices" and
® Copy of webinar content
Layman's Brochure"
a List of attendees that
includes role/title,
professional
Deliverable due date:
registrati ons/ciert ifications
and design organization
February 28, 2020
represented.
Summary of each forum
Grantee shall submit copies of
all required documentation on
paper or electronically in MS
Word or PDF format in
accordance with Section 3.13,
above. If maps are required,
they shall be provided on a
compact disc in PDF format with
ArcGIS compatible shapefiles if
-6eliveia—3.Dra-ft—of
they are available.
le
Completion of Deliverable 3 as
—$16,000 As provided in
Stormwater Principles
evidenced by submission of all
Section 12 of
Manual and Brochure
of the following:
I this Scope of
Updates
or, below.
Copy of the updated
Deliverable due date:
stormwater management
April 10, 2020
manual and brochure.
Grantee shall submit copies of
all required documentation an
paper or electronically in IVIS
Word or PDF format in
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accordance with Section 3. ,
above. If maps are required,
they shall be provided on a
compact disc in P F format with
Arc IS compatible shapefiles i
they are available
Deliverable le .
Completion of Deliverable 4 as
a......___ .........
$5,950 As provided in
Recommendationsfor
evidenced by submission of all
. Section 12 of
Code Revisions
of the following:
this Scope o
Work, below,
Deliverable due date:
Copy of recommended code
April 17, 2020
revisions in strike through/
underline format.
Grantee shall submit copies of
all required ocu entation on
paper or electronically in MS
Word or PDF format i
accordance with Section 3.I7,
above. If maps and required,
they shall be provided on a
compact disc in PDIF format with
ArcIS compatible shapefiles if
they are available
l Deliverable S. PrintingCompletion
of Deliverable 5 as
$2,000 As provided in
and Distribution of
evidenced by submission of all
Section 12 of
Manual and Brochureof
the following:
this Scope of
Work, below,
Deliverable due ate,
a Copy of printer's proof of
June12, 2020
stor water manual and
lay an's brochure.
Copy of the printing
invoice(s) and cancelled
check(s).
Grantee shall submit copies of
all required documentation on
paper or electronically in MS
Word or PDF format i
accordance with Section 31,
above. If maps are required,
they shall be provided on a
compact disc in PDF format with
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ArcGIS compatible shapefiles if
they are available. I
Deliverable 6. Public Completion of Deliverable 6 as $5,720 As provided in
Meetings for Update of evidenced by submission of all Section 12 of
the County Code, of the following: this Scope of
Development of the Work, below.
"Manual of Stormwater . Copy of the public notice for 6
Management Practices" the two public meetings.
and"Layman's Brochure" . Copy of the agendas for the
two public meetings.
Deliverable due date: . Copy of presentation or
June 12,2020 materials presented at the
public meetings.
• Meeting minutes or
narrative meeting
summaries.
Grantee shall submit copies of
all required documentation on
paper or electronically in MS
Word or PDF format in
accordance with Section 3.F,
above. 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$40,000
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 '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
provided to EO's Agreement Mana er 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 oft is 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 o
the time period ends at 11:59 p.m.on that day.
Page 25 of 40
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I I "I'll I'll, I'll, "1 11 : I "I ' A
0Yl,:t.
4% COST SHIFTING. The deliverable amounts specified within the Deliverables section above
established based on the Parties' estimation of sufficient delivery of services fulfilling grant purposes
under the Agreement in order to designate payment points during theAgreement 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.
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(l), 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, 1-8, and I-C hereto, electronic copies of
which shall be provided by DIED to the Grantee. Grantee shall use Attachment 1-A if work for
the deliverable is completed entirely by a subcontractor, Attachment 1-13 if work for the
deliverable is completed entirely by Grantee's employee(s), and Attachment I-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 t
applicable period of time. The invoice shall include, at a minimum, the following: i
1. Grantee's name and address;
1 Grantee's federal employer identification number;
3. the Agreement number;
4. the Grantee's invoice number;
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
terminated as provided in Section K.S. of this Agreement. I
E. Documentation that must accompany each itemized invoice: The following documents shall be
submitted with the itemized invoice:
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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 certng 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 Agreeme
or the number of total hours each employee devoted to work under t
Agreement.
�L Payroll register or similar documentation that shows the employee's gross sala
, 7
fringe benefits, other deductions, and net pay. If the employee is paid hourly]
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.
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 CU
Grantee shall submit all deliverables to DEO's Agreement Manager. DEO will review all wo
submitted for payment under the deliverables and will determine in DEO's sole and absolu
discretion whether the deliverables are sufficient to satisfy the requirements in this Scope of Wo
Within 15 business days after receipt of a deliverable, DECI shall provide written notice to Grantee
electronic mail of DEO's determination that the deliverable is sufficient and is accepted or that t
deliverable is not sufficient to satisfy the requirements in the Scope of Work and how the Grantee c
address the insufficiency. If DEO determines that a deliverable is not sufficient under this Agreeme
Grantee shall have 10 business days from the date of receipt of notice from It to correct t
insufficiency, and during this 10 business day period, the financial consequences specified in Secti
12 of this Scope of Work will not be assessed. DEO may extend this timeframe in writing (which m
be by electronic mail) if Grantee is actively working with DECI to resolve the insufficiency; provide
however, that any extension of time under this section will not extend the Agreement Period
Section A. of this Agreement and provided further that, notwithstanding the timeframes in t
section, all deliverables and tasks must be completed on or before the end of the Agreement Perri
in Section A of this Agreement. An extension of time under this section does not require
amendment to this Agreement. Payment for a deliverable shall not be due until DEO notifies t
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Grantee's Agreement Manager in writing that the deliverable or corrected deliverable is sufficient
under the Scope of Work and is accepted by DE0.
A. Financial consequences of $50 a business day upto 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 falls 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. PREUMINARY 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 5. of this Scope of Work. Unless
other preliminary draft dellverables 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.
C4. LIMITED COMPLIANCE REVIEW; NO DUPLICATION OF WR17TEN MATERIAL. Proposed
comprehensive plan amendments that are deliverables under the Scope of Work must be "in
compliance" as defined in section 163,3184(l)(b), F.S., and will be evaluated for compliance as part
of DEO's review and determination of whetherthe deliverable is sufficientto 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(l)(c), F.S. A limited compliance
determination forthe 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 otherthan the Grantee for a purpose other
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jgi��111 1 11111 1 ip� 11 1
10 N10041
i,'-S. 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 th;
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.
A., Agreement Period, of this Agreement.
C6. ADVERTISING AND INFORMATION RELEASE. Notwithstanding Section J., Advertising one",
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 beer
awarded a Community Planning Technical Assistance Grant from DEO for the work described in this
Scope of Work.
17. NOTIFICATION OF INSTANCES OF FRAUD. Instances of Grantee's operational fraud or crimi
activities shall be reported to DEO's Agreement Manager in writing within twenty-four (2
chronological hours. 11
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.
C9. GRANTEE'S RESPONSIBILITIES UPON TERMINATION. If DEO issues a Notice of Termination
Grantee, except as otherwise specd by DEO in that notice, the Grantee shall:
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Agreement #P0363
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.
- Remainder of Page Intentionally Left Blank —
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Agreement #P0363
Attachment I -A — Invoice: Grantee's Subcontractor(s) (Contractual Services)
GRANTEE'S NAME:
FEIN:
W��
Division of Community Development
Attn.: Donna Cotterell
107 East Madison Street
Caldwell Building, MSC,160
Tallahassee, FL 32399
INVOICE
FOR:
[Grantee name)
[Grantee address]
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Attachment 1-B — Invoice: Grantee's Employee(s)
Division of Community Development
Attn.: Donna Cotterell
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
INVOICE
Agreement #P0363
INVOICE NO.:
_NVOICE DATE:
FOR:
rantee name]
[Grantee address)
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Agreement #120363
Attachment 1-C — Invoice: Combination of Grantee's Subcontractor(s) and Grantee's Employee(s)
GRANTEE'S NAME:
FEIN-
rMEMW Ec7-FnoMYl!41pW,.oF funify
Division of Community Development
Attn.: Donna Cotterell
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
10 *11 "To
INVOICE
INVOICE NO.:
INVOICE DATE:
FOR:
[Grantee name)
[Grantee address)
UsalaamiuUmia"La-,
lefiverable Completed:
................. Ag vbwa
Contractual Services
Salaries
Fringe Benefits
Travel
Postage
[other direct costs: identify them]
TOTAL 1 $
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AMOUNT
DocuSign Envelope ID: F9CD7064-4C7F-4A49-B541-07FABDBE5013
Agreement #P0363
Attachment 1-D
Ron DeSantis �€ a Ken Lawson
FCO N:rr
GRANT AGREEMENT FINAL CLOSEOUT FORM
FLAIR Contract ID:
a Ientlrlarran ,,_...Courract Am ount
Vendor ID: Dcolrls rated Funds
Contract End Date. Final Contract Axrtount
Section A. Financial Reconciliation
1.'Phial Recipient I^unds Received from D ,0
2 Total Rccspicnt Fstl nditures
3. Balance of Uncx nded Progrim Income ;,fnxn Section B)
4. If negative, this aratnura must be refunded to the Department, If fangi vec thie. aervnunt is u) be retested tap the
Sectors R: Statement of'Recipient Income
'lltcer antis no redlitrat income eatatrd ondee this arturact.
as
77ac isaYlu eac' tzeant attcas€aYr m�a raxattd naotc3ee dies crYaY�xet.
Description of Recipient Income
Source Amount Expended Balance
Total FMcs.x€s Income J 50.00 $0.00 1... $0.00
ection Q Pro PC Re Inventory Certification
No t umble Property %via purchased the ecnttrma ps•nmxl.
Alt tton�expeaadi bh^ aeod nan-consumal6k tams b1- ta-p-q haemag a au€•fui like of oatbdr than one )w, and artlu.,ed at a
cast 01`51,01HP or metre poriainumbrara fitaids am fi ird beknv. I do heacby ceruly diet die parri eriy inveettol deoidird
Leloa, is viniplov and voovrt. hlatifiratsa "If be Stitt tmmaAenely tea the Department of I-x onet as Oppartetnay if any
Cl9Xtd�t'E ¢�ERtY I't3 Cllt9 btB�CYdYQYr�'. l 1Hil atBYf €leEBRHy, KCIt, dbY S11i1Y8'�RAe dLti�'I¢YF8° iYf tltt3 ll4(Rlb4:rty' BieetlE4Rtlt SU'a'YYtt'aY yatYRr9Sx118a! Ili
the hi3iar root.
J'L4' IneCtltp�rfptaon d Serial F��T__RSBcrith1uuf]in:n
Acquisitions Condition Location
Number
Cost I Date
SectionD.RecipicurCerdficadom
By signing below, I c °ty, that the above representations for Financial Reconciliation, Reci icat Incomaea and Property Inventory arc
true and accurate.
Nausea _ Sly tdr®nay:
I Kate, ° _ ."". ®.. — 1 Date Signed.
®. _.. ..
Section E„ DED Internal Review and A2prrval
By signing below, I certify, that the above representations for Financial Reconciliation, Recipient Incomee, and Property Inventory an
e and accurate.
Name:
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N07F
1 11
Agreement #P0363
Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring
procedures may include but i ot be Ii
b 2CFR 200.425, or other Drocedures. Bv enterine into Vids agreerfieat, 6,g r
1110
V
MONG,
recii Qient further a
deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS.
PARTI: FEDERALLY FUNDED. This part is applicable if the recipient is a state or local government ora
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 1, paragraphrecipient 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).
a 4 4 TT -P%ff G=
215.97(2), Florida Statutes.
t In the event that the recipient expends a total amount of state financial assistance equal to or ir
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 ir
accordance with section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and
Chapters 10.5SO (local governmental entities) and 10.650 (nonprofit and for-profli
Page 35 of 40
Rev.5/30/19
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
A
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.
Z For the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that
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 (forfiscal
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 Sta
Z
awardina entity that are sole a matter a 4 thatState awr ti
FRW, ly
Section 215.9718). Florida Statutes, State agreicks Yi,,rv. r_*Muctjar_
P _nt. tive
I 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.
WIN"
nydi've TWIn a
n,t the CIVI B website.
2 Copies of financial reporting packages required by Part 11 of this form shall be submitted by or
an behalf of the recipient directly to each of the following:
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DEO at each of the following addresses:
Electronic copies (preferred)
Awits, deg. myf brida.com
Local Government Audits/342
Claude Pepper Building, Room
401 111 West Madison Street
TA7,
Agreement #P0363
or Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
The Auditor General's website (httks j aujdtor. ov ./fL_ provides instructions for filing an
electronic copy of a financial reporting package.
A Copies of reports or the management letter required by Part III of this form shall be submittei,
by or on behalf of the recipient directly to:
Electronic copies (preferred):
Am
R11771
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.
Recipients, when submitting financial reporting packages to DEO for audits done in accordance
with 2 CFR 200, Subpart IF - 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.
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Agreement #P0363
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
wJJ-1M*t41t*
State Project: DEPARTMENT OF ECONOMIC OPPORTUNITY — CSFA 40.024 — GROWTH
MANAGEMENT IMPLEMENTATION - S 40,000.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT Tf
THIS AGREEMENT ARE AS FOLLOWS:
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 I be provided to
the recipient.
- Remainder of Page Intentionally Left Blank -
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ATTACHMENT 3
Audit Compliance Certification
FEIN: Grantee's Fiscal Year:
Contact Person Name and Phone Number:
naTr� �X 0 =1
1. Did Grantee expend state financial assistance, during its fiscal year, that it received under any agreemle
(e.g., agreement, grant, memorandum of agreement, memorandum of understanding, econo
incentive award agreement, etc.) between Grantee and the Department of Economic Opportunity (DEO
Yes No
Did Grantee expend $750,000 or more of state financial assistance (from DEO and all other sources
state financial assistance combined) during its fiscal year? _ Yes No I
requirements of section 21S.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.
agreement, grant, memorandum of agreement, memorandum of understanding, economic incenti
award agreement, etc.) between Grantee and DEO? —Yes No I
J
combined) during its fiscal year? Yes — No
requirements of 2 C.F.R. part 200, subpart F, as revised.
true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
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