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GRANT AGREEMENT
BETWEEN
DEPARTMENT OF FINANCIAL SERVICES
AND
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
THIS GRANT AGREEMENT (Agreement) is made and entered into by and between the Department of
Financial Services (Department), an agency of the state of Florida (State), and Monroe County Board of
County Commissioners (Grantee), and is effective as of the date last signed. The Department and the
Grantee are sometimes referred to herein individually.as a "Party" or collectively as the "Parties."
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
WHEREAS, the Florida Legislature created the. Firefighter Cancer.Decontamination Equipment Grant
Program within the Division of State Fire Marshal (Division) to provide financial assistance to help career
fire departments, combination fire departments, and volunteer fire departments procure equipment,
supplies, and.training designed to mitigate exposure to hazardous, cancer -causing chemicals;
WHEREAS; the Florida Legislature has appropriated funds for the 2021-2022 State fiscal year to the
Department to implement section 633.137, F.S., for the specific purposes stated therein, and the Division
has the authority to administer the program and annually award grants upon the terms and conditions set
forth herein and in Rule 69A-37.503, Florida Administrative Code (F.A.C.);
WHEREAS, to be a recipient of State funds under this grant program, the Grantee has identified a source
of nonstate funding in an amount that is equal to or exceeds 25%. the funding provided to Grantee under
this Agreement; and
WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant. funds and
will use them for the purposes identified herein.
NOW, THEREFORE, the Department.and the Grantee do mutually agree as follows:
1. Performance Requirements:
The Grantee shall perform the tasks specified herein in accordance with the terms and conditions of
this Agreement, including its attachments, addenda, and exhibits, which are incorporated by reference
herein. The performance requirements are more specifically described in Attachment 2, Statement of
Work (SOW). The definitions of terms and. acronyms in the SOW will apply herein, unless otherwise
defined in this Agreement.
2. Compliance with Laws, Rules, Regulations, and Policies:
The Grantee shall comply with the applicable local, state, and federal laws, rules, regulations, and
policies including, but not limited to, those identified in this Agreement.
3. Agreement Duration:
The term of this Agreement begins on the date the Agreement is last signed (effective date) and ends
on the last day of the State's fiscal year in which the grant was awarded. The Department shall not be
obligated to pay for costs incurred by the Grantee related to this Agreement prior to this Agreement's
effective date or after its ending date. The term of this Agreement may not be extended or renewed.
4. Payment and Funding Considerations:
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4.1. Funding: This Agreement is a cost -reimbursement agreement, subject to a minimum 25%
match of funds from a nonstate source of funding, not to exceed the amount of funds stated in
Attachment 1, Specific Grant Awards. Such funds will be paid by the Department in
consideration of the Grantee's performance of the requirements as set forth by the terms and
conditions of this Agreement. Pursuant to section 287.0582, F.S., for any agreement binding
the State or the Department for a period in excess of one State fiscal year, the State's and the
Department's performance and obligation to pay under that agreement are contingent upon an
annual appropriation by the Legislature.
4.2. Payment Process: Subject to the terms and conditions established by this Agreement, the
pricing method per deliverable established in the SOW, and the billing procedures established
by the Department, the Department agrees to pay the Grantee in accordance with section
215:422, F.S., for its performance under this Agreement, as described in the SOW. The
applicable interest rate can be obtained at:
h R //w_ww.myfloridaefo.com/Division/AA/Vendors/default.htm.
4.3. Grantee Rights: A Vendor Ombudsman has been established within the Department. The
duties of the Vendor Ombudsman include acting as an advocate for grantees who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be reached at (850) 413-5516.
4.4. Taxes: The Department is exempted from the payment of State sales and use tax and Federal
Excise Tax. Unless otherwise provided by law, the Grantee shall not be exempt from paying
State sales and use tax to the appropriate governmental agencies, nor shall the Grantee be
exempted from paying its suppliers for any taxes on materials used to fulfill its contractual
obligations under this Agreement. The Grantee shall not use the Department's exemption
number in securing such materials. The Grantee shall be responsible and liable for the payment
of all its FICA/Social Security and other taxes resulting from this Agreement. The Grantee shall
provide the Department its taxpayer identification number upon request.
4.5. Invoicing and Acceptance: All charges for performance under this Agreement or for
reimbursement of expenses authorized by the Department shall be submitted to the Department
in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee must
submit invoices in accordance with the time requirements specified in the SOW. The
Department will reimburse the Grantee for the performance required by the Agreement and any
authorized expenses only upon the timely and satisfactory completion of the applicable
performance and compliance requirements of the SOW. Payment for the deliverables is
conditioned upon written acceptance by the Department's designated contract manager
(Contract Manager) identified in Section 34, below. If the Department determines that
circumstances warrant, the Department may accept partial performance and make partial
payments for partial performance.
5. Expenditures:
All expenditures must be in compliance with the laws, rules, and regulations applicable to
expenditures of State funds, including, but not limited to the State's Reference Guide for State
Expenditures. The Grantee shall submit invoices for performance or expenses in accordance with the
requirements of this reference guide, which can be obtained at:
http: //N,v-vw. myfloridaefo.com/Division/AA/Manuals/documents/l2 eferenceGtiideforStateEaenditure
s.pddf,. The Grantee may not spend funds received under this Agreement for the purposes of lobbying
the Florida legislature, the judicial branch, or a State agency.
6. Governing Laws of the State:
6.1. Governing Law: The Grantee agrees that this Agreement is entered into in the State, and will
be construed, performed, and enforced in all respects in accordance with the laws, rules, and
regulations of the State. Each Party shall perform its obligations herein in accordance with the
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terms and conditions of this Agreement. Without limiting the provisions of Section 28, Dispute
Resolution, the exclusive venue of any legal or equitable action that arises out of or relates to
this Agreement will be the appropriate State court in Leon County, Florida; in any such action,
the Parties waive any right to jury trial.
6.2. Ethics: The Grantee shall comply with the requirements of sections 11.062 and 216.347, F.S.
The Grantee shall not, in connection with this or any other agreement with the State, directly or
indirectly: (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration
for any State officer or State employee's decision, opinion, recommendation, vote, other
exercise of discretion, or violation of a known legal duty; or (2) offer, give, or agree to give to
anyone any gratuity for the benefit of, or at the direction or request of, any State officer or State
employee. For purposes of clause (2), "gratuity" means any payment of more than nominal
monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans,
subscriptions, advances, deposits of money, services, employment, or contracts of any kind.
Upon request of the Department's Inspector General, or other authorized State, official, the
Grantee shall provide any type of information the Inspector General deems relevant to the
Grantee's integrity or responsibility. Such information may include, but will not be limited to,
the Grantee's business or financial records, documents, or files of any type or form that refer to
or relate to this Agreement. The Grantee shall retain such records in accordance with the
record retention requirements of Part V of Attachment 3, Audit Requirements for Awards of
State and Federal Financial Assistance. Only the provisions applicable to State funding in
Attachment 3, Audit Requirements for Awards of State and Federal Financial Assistance, are
applicable to this grant...
6.3. Employment Eligibility Verification: IVIA
6.4. Advertising: Subject to chapter 119, F.S., the Grantee shall not publicly disseminate any
information concerning this Agreement without prior written approval from the Department,
including, but not limited to, mentioning this Agreement in a press release or other promotional
material, identifying the Department or the State as a reference, or otherwise linking the
Grantee's name and either a description of this Agreement or the name of the Department or the
State in any material published, either in print or electronically, to any entity that is not a Party .
to this. Agreement, except potential or actual authorized distributors, dealers, resellers, or
service representatives.
6.5. Sponsorship: As required by section 286.25, F.S., if the Grantee is a nongovernmental
organization which sponsors a program that is 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 Financial Services." If the sponsorship reference is in written
material, the words "State of Florida, Department of Financial Services" must appear in the
same size letters or type as the name of the Grantee.
7. Mandatory. Disclosure Requirements:
7.1. Conflict of Interest: This Agreement is subject to chapter 112, F..S. The Grantee shall
disclose the name of any officer, director, employee, or other agent who is also an employee of
the State. The Grantee -shall also disclose the name of any State employee who owns, directly
or indirectly, more than a five percent (5%) interest in the Grantee or its affiliates.
7.2. Convicted Vendor List: The Grantee has a continuous duty to disclose to the Department if
the Grantee or any of its affiliates, as defined by section 287.133(1)(a), F.S., are placed on the
convicted vendor list. Pursuant to section 287.133(2)(a), F.S.: "A person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may
not submit a bid, proposal, or reply on a contract to provide any goods or services to a public
entity; may not. submit a bid, proposal, or reply on a contract with a public entity for the
construction or'repair of a public building or public work; may not submit bids, proposals, or
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replies i on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold amount provided in
s. 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being
placed on the convicted vendor list."
7.3. Discriminatory. Vendor Last: The Grantee has a continuous duty to disclose to the Department
if the Grantee or any of its affiliates, as defined by section 287.134(1)(a), F.S., are placed on the
discriminatory vendor list. Pursuant to section 287.134(2)(a), F.S.: "An entity or affiliate who
has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with any
public entity."
7.4. Continuing Duty of Disclosure of Legal Proceedings: NIA
7.5. Antitrust Violator Vendor List: The Grantee has a continuous duty to disclose to the
Department if the Grantee or any of its affiliates, as defined by section 287.137(1)(a), F.S., are
placed on the antitrust violator vendor list. Pursuant to section 287.137(2)(a), F.S.: "A person
or an affiliate who has been placed on the antitrust violator vendor list following a conviction or
being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for
any new contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply for anew contract with a public entity for the construction or repair of a
public building or public work; may not submit a bid, proposal, or reply on new leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a new contract with a public entity; and may not transact
new business with a public entity."
7.6. Department Inspection of Records: Pursuant to section 216.1366, F.S., the Grantee shall
permit the Department to inspect the Grantee's financial records, papers, and documents that
are directly related to the performance of the Agreement or the expenditure of state funds and
the Contractor's programmatic records, papers, and documents which the Department
determines are necessary to monitor the performance of the Agreement or to ensure that the
terms of the Agreement are being met. The Contractor shall provide such records, papers, and
documents to the Department's Contract Manager within 10 business days after a request is
made to the Contractor.
7.7. Foreign Gifts and Contracts: The Grantee shall comply with any applicable disclosure
requirements in section .286.101, F.S. Pursuant to section 268.101(7), F.S.: "In addition to any
fine assessed under [section 286.101.(7)(a)], a final order determining a third or subsequent
violation by an entity other than a state agency or political subdivision shall automatically
disqualify the entity from eligibility for any grant or contract funded by a state agency or any
political subdivision until such ineligibility is lifted by the Administration Commission for
good cause."
8. Funding Requirements of Section 215.971(1), F.S.:
8.1. The Grantee shall perform all tasks contained in the SOW.
8.2. Receipt by the Grantee of the Department's written acceptance of the units of deliverables
specified herein is a condition precedent to payment under this Agreement and is contingent
upon the Grantee's compliance with the specified performance measure (i.e., each deliverable
must satisfy at least the minimum acceptable level of service specified in the SOW and the
Department shall apply the applicable criteria stated in the SOW to determine satisfactory
completion of each deliverable).
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8.3. If the Grantee fails to meet the minimum level of service specified in the SOW, the Department
shall apply the financial consequences for such failure as specified herein.
8.4. The Grantee may only expend funding under this Agreement for allowable costs resulting from
obligations incurred during the term of this Agreement.
8.5. The Grantee shall refund to the Department any balance of unobligated funds that was
advanced or paid to the Grantee.
8.6. The Grantee shall refund to the Department all funds paid in excess of the amount to which the
Grantee is entitled under the terms and conditions of this Agreement.
4. Advance Payments: If authorized by sections 215.422(15) or 216.181(16), F.S., and approved in
writing by the Department, the Grantee may be provided an advance as part of this Agreement.
10. Final Invoice: The Grantee shall submit its final invoice to the Department no later than thirty (30)
calendar days after the Agreement ends or, in the case of termination, when this Agreement is
terminated. If the Grantee fails to do so, the Department may, at its sole discretion, refuse to honor
any request submitted by the Grantee after this time period and may consider the Grantee to have
forfeited any and all rights to payment under this Agreement.
11. Return or Recoupment of Funds:
11.1. If the Grantee or its independent auditor, if applicable, discovers that an overpayment has been
made, the Grantee shall repay said overpayment within forty (40) calendar days of notification of
discovery without prior notification from the Department. If the Department first discovers an
overpayment has been made, the Department will notify the Grantee in writing. Should
repayment not be made in a timely manner, the Department shall be entitled to charge interest at
the lawful rate of interest on the outstanding balance beginning .forty (40) calendar days after the
date, of notification or discovery. A check for the amount due should be sent to the Department's
Contract Manager and made payable to the "Department of Financial Services."
11.2. Notwithstanding the damages limitations of Section 29, if the Grantee's non-compliance with any
provision of this Agreement results in additional costs or monetary loss to the Department or the
State, the Department may recoup the costs or losses from monies owed to the Grantee under this
Agreement or any other Agreement between the Grantee and any State entity. If additional costs
or losses are.discovered when no monies are available under this Agreement or any other
Agreement between the Grantee and any State entity, the Grantee shall repay such casts or losses
to the Department within thirty (30) calendar days of the date of discovery or notification, unless
the Department agrees, in writing; to an alternative timeframe.
12. Audits and Records:
12.1. Representatives of the Department, including, but not limited to, the State's Chief Financial
Officer or the -State's Auditor General or representatives of the federal government shall have
access to any of the 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.
12.2. The Grantee shall maintain books, records, and documents in accordance with the generally
accepted accounting principles to sufficiently and properly reflect all expenditures of funds
provided by the Department under this Agreement.
12.3. The Grantee shall comply with all applicable requirements of section 215.97, F.S., and
Attachment 3, Audit Requirements for Awards of State and Federal Financial Assistance. If the
Grantee is required to undergo an audit, the Grantee shall disclose all related -party transactions to
the auditor.
12.4. The Grantee shall retain all the Grantee records, financial records, supporting documents,
statistical records, and any other documents, including electronic storage media, pertinent to this
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Agreement in accordance with the record retention requirements of Part V of Attachment 3, Audit
Requirements for Awards of State and Federal Financial Assistance or the period required by the
General Records Schedules maintained by the Florida Department of State (available
athtt s://dos.m florida.com/media/703328/ sl-s1-202O. df) whichever is longer. The Grantee
shall cooperate with the Department to facilitate the duplication and transfer of such records"or
documents upon the Department's request. If the Grantee is required to comply with section
119.0701, F.S., then compliance with the retention of records in accordance with section
119.070(2)(b)4, F.S., will fulfill the above stated requirement. If the Grantee's record retention
requirements terminate prior to the requirements stated herein, the Grantee may meet the
Department's record retention requirements for the Agreement by transferring its records to the
Department at the time, and by destroying duplicate records in accordance with section 501.171,
F.S., and if applicable, section 119.0701, F.S. The Grantee shall adhere to established
information destruction standards such as those established by the National Institute of Standards
and Technology Special Publication 800-88, "Guidelines for Media Sanitization" (2014)
(available at: hops://nvlpubs.nist.gov/nistpubs/SpeciaiPublictions/NIST.SP.800-88rl.pdf
12.5. The Grantee shall include the aforementioned audit and recordkeeping requirements in all
approved subgrantee agreements and assignments.
12.6. The Grantee agrees to reimburse the State for the reasonable costs of investigation incurred by the
Department's Inspector General or other authorized state official for investigations of the
Grantee's compliance with the terms of this Agreement or any other agreement between the
Grantee and the State which results in the suspension or debarment of the Grantee. Such costs
include, but they are not limited to, salaries of investigators, including overtime; travel and
lodging expenses; and expert witness and documentary fees. The Grantee shall not be
responsible for any costs of investigations that do not result in the Grantee's suspension or
debarment.
12.7. The Grantee understands its duty, pursuant to section 20,055(5), F.S.; to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. The
Grantee shall comply with this duty and ensure that its contracts issued under this Agreement, if
any, impose this requirement, in writing, on its contractors.
13. Public Records: Grantee shall comply with the applicable requirement of Addendum A, Public
Records Requirements, which is incorporated by reference herein. All references to `.`Contractor"
within Addendum A refer to "Grantee." All references to "Contract within Addendum A refer to
"Agreement."
14. Assignments, Subgrants, and .Contracts:
14.1. Unless otherwise specified in the SOW, or through prior written approval of the Department, the
Grantee may not: 1) subgrant any of the funds provided to the Grantee by the Department under
this Agreement; 2) contract its duties or responsibilities under this Agreement out to a third party;
or 3) assign any of the Grantee's rights or responsibilities hereunder, unless specifically permitted
by law to do so. Any such subgrant, contract, or assignment occurring without the prior written
consent.of the Department will be null and void. If the Department approves the transfer of any of
the Grantee's obligations under this Agreement, the Grantee remains responsible for all work
performed and all expenses incurred in connection with the Agreement. In addition; this
Agreement will bind the successors, assigns, and legal representatives of the Grantee, and of any
legal entity that succeeds the Grantee, to the Grantee's obligations to the Department.
14.2. The Grantee agrees to be responsible for all work performed and all expenses incurred in
fulfilling the obligations of this Agreement. If the Department permits the Grantee to contract all
or part of the work contemplated under this Agreement, including entering into contracts with
vendors for services, it is understood by the Grantee that all such contractual arrangements must
be evidenced by a written document containing all provisions necessary to ensure the contractor's
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compliance with applicable state and federal laws. The Grantee further agrees that the
Department shall not be liable to the contractor for any expenses or liabilities incurred under the
contract and that the Grantee shall be solely liable to the subcontractor for all expenses and
liabilities incurred under the contract. The Grantee, at its expense, will defend the Department
against such claims.
14.3. The Grantee agrees that the Department may assign or transfer the Department's rights, duties, or
obligations under this Agreement to another governmental entity upon giving prior written notice
to the Grantee.
14.4. The Grantee agrees to make payments to its subgrantees and contractors, if any, within seven (7)
business days after receipt of full or partial payments from the Department in accordance with
section 287.0585, F.S., unless otherwise stated in the agreement(s) between the Grantee and the
contractor(s). Unless the Grantee and the subgrantec(s) or contractor(s) contract for an alternate
payment schedule, the Grantee's failure to pay its subgrantees or contractors, if any, within seven
(7) business days will result in a statutory penalty charged against the Grantee and paid to the
subgrantee or contractor 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 statutory penalty will be in
addition to actual payments owed and will not exceed fifteen (15) percent of the outstanding
balance due.
15. MyFloridaMarketPlace: Disbursements under this Agreement are disbursements of State financial
assistance to a recipient as defined in the Florida Single Audit Act, section 215.97, F.S., and are
exempt from the MyFloridaMarketPlace Transaction Fee pursuant to Rule 60A- 1.03 1(3)(i), F.A.C.
Payments will be made according to the SOW and not through the MyFloridaMarketPlace system.
16. Nonexpendable Property:
16.1. For the requirements of this Section of the Agreement, "nonexpendable property" is the same as
"property" as defined in section 273.02, F.S. (equipment, fixtures, and other tangible personal
property of a non -consumable and nonexpendable nature).
16.2. All nonexpendable property purchased under this Agreement must be listed on the property
records of the Grantee in accordance with the requirements of Rule 69I-72.002, F.A.C. For the
purposes of section 273.03, F.S., the Grantee is the custodian of all nonexpendable property and
shall be primarily responsible for the supervision, control, and disposition of the property in his or
her custody (but may delegate its use and immediate control to a person under his or her
supervision and may require custody receipts). The Grantee must submit an inventory report to
the Department with the final expenditure report and inventory annually and maintain accounting
records for all nonexpendable property purchased under the Agreement. The records must include
information necessary to identify the property, which at a minimum, must include the following:
property tag identification number; description of the item(s); if a group of items, the number and
description of the components; physical location; name, make or manufacturer; year and/or
model; manufacturer's serial number(s); date of acquisition; cost or value at date of acquisition;
date last inventoried; and the current condition of the item.
16.3. The nonexpendable property must not be relocated, distributed, gifted, or loaned to any other fire
service provider, agency, or individual. At no time shall the Grantee dispose of nonexpendable
property purchased under this Agreement without the prior written permission of, and in
accordance with instructions from, the Department. In addition to its plain meaning, "dispose of
includes, selling, exchanging, transferring, distributing, gifting, and loaning. If the Grantee
proposes to dispose of the nonexpendable property, or take any other action that will impact its
ownership of the property or modify the use of the property other than for the purposes stated
herein, the Department shall have the right, in its sole discretion, to demand that the Grantee
reimburse the Department the fair market value of the impacted nonexpendable property.
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16.4. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury
caused by the use of, nonexpendablc property purchased with State funds and held in its
possession for use inaccordance with this Agreement. The Grantee shall immediately notify the
Department, in writing, upon discovery of any property loss with the date and reason(s) for the
loss.
16.5. The Grantee is responsible for the correct use of all nonexpendable property obtained using funds
provided by this Agreement and for the implementation of adequate maintenance procedures to
keep the nonexpendable property in good operating condition.
16.6. A formal amendment to this Agreement is required prior to the purchase of any item of
nonexpendable property not listed in Attachment 1, Specific Grant Awards.
16.7. Title (ownership) to all nonexpendable property acquired with funds from this Agreement will be
vested in the Grantee, subject to the requirements of Section 17 below.
17. Disposition of Property:
The Grantee shall provide advance written notification to the Department, if during the five (5) year
period following the termination of this Agreement or the depreciable life of the nonexpendable
property (determined by the depreciation schedule in use by the Grantee) purchased under this
Agreement, whichever period is shorter, the Grantee proposes to dispose of or take any other action
that will impact its ownership of the nonexpendable property or modify the use of the nonexpendable
property from.the purposes authorized herein. If any of these situations arise, the Department shall
have the right, in its sole discretion, to demand that the Grantee immediately reimburse the
Department the fair market value of the impacted nonexpendable property valued at the time of
disposition or modified use.
18. Additional Requirements Applicable to the Purchase of, or Improvements to, Real Property:
NIA
19. Data Security and Information Resource Acquisition: N/A
20. Insurance:
20.1. The Grantee shall, at its sole expense, maintain insurance coverage of such types and with such
terms and limits as may be reasonably associated with the Agreement. Adequate insurance
coverage is a material obligation of the Grantee, and the failure to maintain such coverage may
void the Agreement. The limits of coverage under each policy maintained by the Grantee shall
not be interpreted as limiting the Grantee's liability and obligations under this Agreement. All
insurance policies must be through insurers authorized to write policies in the State. Specific
insurance requirements, if any, are listed in the SOW.
20.2. The Department shall be exempt from, and in no way liable for, any sums of money representing
a deductible in any insurance policy. The payment of such deductible will be the sole
responsibility of the Grantee.
21. Patents, Copyrights, and Royalties: NIA
22. Intellectual Property Rights: Each party shall retain its intellectual property rights to its intellectual
property. No intellectual property is to be created or otherwise developed by Grantee for the
Department under this Agreement.
23. Independent Contractor Status: It is mutually understood and agreed to that at all times during the
Grantee's performance of its duties and responsibilities under this Agreement Grantee is acting and
performing as an independent contractor. The Department shall neither have nor exercise any control
or direction over the methods by which the Grantee shall perform its work and functions other than as
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provided herein. Nothing in this Agreement is intended to or will be deemed to constitute a
partnership or joint venture between the Parties.
23.1. Unless the Grantee is a State agency, the Grantee (and its officers, agents, employees,
subrecipients, contractors, or assignees), in performance of this Agreement, shall act in the
capacity of an independent contractor and not as an officer, employee, or agent of the State.
Further, unless specifically authorized to do so, the Grantee shall not represent to others that, as
the Grantee, it has the authority to bind the Department or the State.
23.2. Unless the Grantee is a State agency, neither the Grantee nor its officers, agents, employees,
subrecipients, contractors, or assignees, are entitled to State retirement or State leave benefits, or
to any other compensation of State employment as a result of performing the duties and
obligations of this Agreement.
23.3. The Grantee agrees to take such actions as may be necessary to ensure that each subrecipient or
contractor will also be deemed to be an independent contractor and will not be considered or
permitted to be in a joint venture with the State nor an agent, servant, or partner of the State as a
result of this Agreement.
23.4. Unless agreed to by the. Department in the SOW, the Department will not furnish services of
support (e.g., office space, office supplies, telephone service, secretarial, clerical support, etc.) to
the Grantee, its subrecipient, contractor, or assignee.
23.5. The Department shall not be responsible for withholding taxes with respect to the Grantee's
compensation hereunder. The Grantee shall have no claim against the Department for vacation
pay, sick leave, retirement benefits, social security, workers' compensation, health or disability
benefits, reemployment assistance benefits, or employee benefits of any kind. The Grantee shall
ensure that its employees, subrecipients, contractors, and other agents, receive all legally required
benefits and insurance coverage from an employer other than the State.
23.6. At all times during the Agreement period, the Grantee must comply with the reporting and
Reemployment Assistance contribution payment requirements of chapter 443, F.S.
24. Electronic Funds Transfer: The Grantee agrees to enroll in Electronic Funds Transfer (EFT),
offered by the State's Chief Financial Officer within thirty (30) calendar days of the date the last
Party signed this Agreement. Copies of the authorization form and a sample blank enrollment letter
can be found at:
http://www.myfloridaefo.com/DivisionlAANeiidors/,
Questions should be directed to the EFT Section at (850) 413-5517. Once enrolled, invoice payments
will be made by EFT.
25. Entire Agreement: This Agreement consists of all documents listed in the order of precedence
below, each of which is incorporated into, and is an integral part of, the Agreement, and together they
embody the entire Agreement. This Agreement supersedes all previous oral or written
communications, representations, or agreements on this subject. Any conflicts among these
documents will be resolved in accordance with the following order of precedence:
i. Attachment 1, Specific Grant Awards;
ii. Attachment 2, Statement of Work;
iii. This Agreement;
iv. Attachment 3, Audit Requirements for Awards of State and Federal Financial Assistance
(with its Exhibit 1);
v. Addendum A, Public Records Requirements; and
vi. Attachment 4, Index of Applicable Laws and Regulations.
26. Time is of the Essence: Time is of the essence regarding the performance requirements set forth in
this Agreement. The Grantee is obligated to timely complete the deliverable(s) under this Agreement
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and to comply with all other deadlines necessary to perform the Agreement which include, but are not
limited to, attendance of meetings or submittal of reports:
27. Termination:
27.1. Termination Due to the Lack of Funds: If funds become unavailable for the Agreement's
purpose, such event will not constitute a default by the Department or the State. The Department
agrees to notify the Grantee in writing at the earliest possible time if funds are no longer
available. If funds become unavailable, including if any State funds upon which this Agreement
depends are withdrawn or redirected, the Department may terminate this Agreement by providing
written notice to the Grantee. The Department 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."
27.2. Termination for Cause: The Department may terminate this Agreement if the Grantee fails to:
(1) satisfactorily complete the deliverables within the time specified in the Agreement; (2)
maintain adequate progress, thus endangering performance of the Agreement; (3) honor any term
of the Agreement; or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-
1.006(3), F.A.C., governs the procedure and consequences of default. The'Grantee shall continue
to perform any work not terminated.. The Department's rights and remedies in this clause are in
addition to any other rights and remedies provided by law or under the Agreement. The Grantee
shall not be entitled to recover any cancellation charges or lost profits. Upon termination, the
Department may require that the Grantee return to the Department any funds that were used for
ineligible purposes under the Agreement or applicable program laws, rules, and regulations
governing the use of funds under the Agreement.
27.3. Termination for Convenience: The Department may terminate this Agreement, in whole or in
part, by providing written notice to the Grantee that the Department determined, in its sole
discretion, it is in the State's interest to do so. The Grantee shall cease performance upon receipt
of the Department's notice of termination, except as necessary to complete the continued portion
of the Agreement, if any. The Grantee shall not be entitled to .recover any cancellation charges or
lost profits.
28. Dispute Resolution: Unless otherwise stated in the SOW, the Department shall decide disputes
concerning the performance under the Agreement, reduce the decision to writing, and serve a copy on
the Grantee. If a Party is dissatisfied with the dispute resolution decision, jurisdiction for any dispute
arising under the terms of the Agreement will be in the State courts, and the venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the Parties
agree to be responsible for their own costs and attorneys' fees incurred in connection with disputes
arising under the terms of the Agreement.
29. Indemnification:
29.1. The Grantee shall be fully liable for the actions of its agents, employees, partners, subrecipients,
or contractors and shall fully indemnify, defend, and hold harmless the State and the Department,
and their officers, agents, and employees, from suits, actions, damages, and costs of every name
and description, arising from or relating to personal injury and damage to real or personal tangible
property alleged to be caused in whole or in part by the Grantee, its agents, employees, partners,
subrecipients, or contractors, provided, however, that the Grantee shall not indemnify for that
portion of any loss or damages proximately caused by the negligent act or omission of the State
or the Department.
29.2. Further, the Grantee shall fully indemnify, defend, and hold harmless the State and the
Department from any suits, actions, damages, and costs of every name and description, including
attorneys' fees, arising from or relating to a violation or infringement of a trademark, copyright,
patent, trade secret or intellectual property right, provided, however, that the foregoing obligation
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will not apply to the Department's misuse or modification of the Grantee's products or the
Department's operation or use of the Grantee's products in a manner not contemplated by the
Agreement. If any product is the subject of an infringement suit, or in the Grantee's opinion is
likely to become the subject of such suit, the Grantee may at its sole expense procure for the
Department the right to continue using the product or to modify it to become non -infringing. If
the Grantee is not reasonably able to modify or otherwise secure for the Department the right to
continue using the product, the Grantee shall remove the product and refund the Department the
amounts paid in excess of a reasonable rental for past use. The Department shall not be liable for
any royalties.
29.3. The Grantee's obligations under the preceding two paragraphs with respect to any legal action are
contingent upon the State or the Department giving the Grantee: (1) written notice of any action
or threatened action, (2) the opportunity to take over and settle or defend any such action at the
Grantee's sole expense, and (3) assistance in defending the action at the Grantee's sole expense.
The Grantee shall not be liable for any cost, expense, or compromise incurred or made by the
State or the Department in any legal action without the Grantee's prior written consent, which
will not be unreasonably withheld.
NOTE: For the avoidance of doubt, if the Grantee is a. State agency or subdivision, as defined in
section 768.28(2), F.S., pursuant to section 768.28(19), F.S., neither Party indemnifies nor insures or
assumes any liability to the other Party for the other Party's negligence.
30. Force Majeure and Notice of Delay from Force Majeure: Neither Party shall be liable to the other
for any delay or failure to perform under this Agreement if such delay or failure is neither the fault
nor caused by the negligence of the Party or its employees or agents and the delay is due directly to
acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond
the Party's control, or for any of the foregoing that affects subrecipients, contractors, or suppliers if
no alternate source of supply is available. However, if a delay arises from the foregoing causes, the
Party shall take all reasonable measures to mitigate all resulting delay or disruption in accordance
with the Party's performance requirements under this Agreement. If the Grantee believes any delay is
excusable under this Section, the Grantee shall provide written notice to the Department describing
the delay or potential delay and the cause of the delay within five (5) calendar days after the Grantee
first had reason to believe that a delay could result if the Grantee could reasonably foresee that a
delay could result or within ten (10) calendar days after the date the Grantee first learned of the delay
if the delay is not reasonably foreseeable. Providing notice in strict accordance with this paragraph is
a condition precedent to such remedy. The Department, in its sole discretion, will determine if the
delay is excusable under this Section and will notify the Grantee of its decision in writing. If an
extension is legally permissible, and if one will be granted, the Department's notice will state the
extension period. THE FOREGOING CONSTITUTES THE GRANTEE'S SOLE REMEDY OR
EXCUSE WITH RESPECT TO DELAY. The Grantee shall not assert a claim for damages against.
the Department and shall not be entitled to an increase in this Agreement price or payment of any
kind from the Department for any reason. If performance is suspended or delayed, in whole or in
part, due to any of the causes described in this Section, after the causes have ceased to -exist, the
Grantee shall resume performance, unless the Department determines, in its sole discretion, that the
delay will significantly impair the ability of the Grantee to timely complete its obligations under this
Agreement, in which case the Department may terminate the Agreement in whole or in part.
31. Severability. Ifanyprovision of this Agreement, in whole or in part, is held to be void or
unenforceable by a court of competent jurisdiction, that provision shall be enforced only to the extent
that it is not in violation of law or is not otherwise unenforceable, and all other provisions remain in
full force and effect.
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32. Survival: Any right or obligation of the Parties in the Agreement, which, by its express terms or
nature and context, is intended to survive termination or expiration of the Agreement, will survive any
such termination or expiration.
33. Execution in Counterparts: The Agreement may be executed in counterparts, each of which will be
deemed an original and all of which will constitute but one and the same instrument.
34. Contact Information for Grantee and Department Contacts:
Department's Contract Manager:
Susan Schell, Safety Programs Manager
Bureau of Fire Standards and Training
Division of State Fire Marshal
11655 NW Gainesville Road
Ocala, FL 34482
Telephone number: (352) 369-2800
Susan. Schell@myfloridacfo.com
Grantee's Payee: Monroe County Board of Grantee's Contract Manager:
County Commissioners
StpvPn HiirJsnn Fire C;hiPf
Name:
Monroe County Fire Rescue
Name:
Zully K. Hemeyer
Address:
490 63rd Street Ocean, Suite 160
Address:
490 63rd Street Ocean
Marathon, FL 33050
Marathon, FL 33050
Phone:
(305)289-6004
Phone:
305 289-6020.
Fax:
(305)289-6336
Fax:
305 289-6336
Email:
Hudson-Steven@monroecounty-fl.gov
Email:
Hemeyer-Zully@monroecounty-fl. ov
If any of the information provided in this Section changes after the execution of this Agreement, the
Parry making such change will notify the other Parties in writing of such change. Such changes will
not require a written amendment to the Agreement.
35. Notices:
The contact information provided in the immediately preceding Section must be used by the Parties
for all communications under the Agreement. Where the terms "written notice" or notice "in writing"
are used to specify a notice requirement herein, said notice will be deemed to have been given when
(i) personally delivered; (ii) transmitted via facsimile with confirmation of receipt or email with
confirmation of receipt if the sender on the same day sends a confirming copy of such notice by a
recognized overnight delivery service (charges prepaid); (iii) the day following the day (except if not
a Business Day then the next Business Day) on which the same has been delivered prepaid to a
recognized overnight delivery service; or (iv) on the date actually received, except if there is a date of
the certification of receipt, then on that date.
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IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and the
attachments, addenda, and exhibits hereto, the Parties have caused to be executed this Agreement by their
undersigned duly authorized officials.
Grantee: Monroe County Board of
County Commissioners
Name: Roman Gastesi
Title: County Administrator
Date: January 25, 2022
Department of Financial Services:
DocuSigned by: _
Sw�iewy �a�
By: �� ...
Name: Julius Halas
Title: Division Director
Date: 2/3/2022 1.'9:48 AM PST
O BOE OUNTY ATTORNEY
P ROVED AS TO FORM
JAMES MytENAAR,
NJ
ASSIST r,m
Dote James D. Molenaar, Esq. Mole ee, a:a
Date- 1,o515-05-1)-0,5'00'
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Attachment 1, Specific Grant Awards
The Department has established a funding award for Grantee in an amount not to exceed $8,778.00 for.
the grant period during the 2021-2022 State fiscal year.
Per the Grant Award Letter, Grantee's authority to expend State grant funds referenced above is
conditioned upon Grantee's expenditure of $2,926.00 in matching funds. The total expenditures that must
be accounted for by the Grantee are $11,704.00, and are authorized for the following equipment, supplies,
and training:
132 pairs of gloves and 44 hoods
Grantee shall submit all supporting. documentation to the Department in accordance with the requirements
of Attachment 2, Section B.3., Deliverables, of this Agreement.
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Attachment 2, Statement of Work
A. PROGRAM REQUIREMENTS
The Division of State Fire Marshal (Division) is to enter into grant agreements to provide financial
assistance to help career fire departments, combination fire departments, and volunteer fire departments
procure equipment and supplies designed to mitigate exposure to hazardous, cancer -causing chemicals
when the. Florida Legislature appropriates funding for this purpose to the. Department for the Firefighter
Cancer Decontamination Equipment Grant Program. The Division prioritizes the annual award of grants
to those career, combination, and volunteer fire departments demonstrating need via participation in the
annual Florida Fire Service Needs Assessment Survey, incompliance with the requirement to submit fire
incident data as required in Rule 69A-66.004, F.A.C., in compliance with the Florida Firefighters
Occupational Health and Safety Act (or has a plan for correction for any noncompliance issue filed with
the Division), and in compliance with the requirement to provide a minimum 25% match of nonstate
funding for the amount of funding requested and proof of that funding. Grantees shall only use funds to:
(a) Purchase vehicle exhaust capture systems that are either mounted in the stations or on the
vehicles and are compliant with the standards of National Fire Protection Association
(NFPA) 1500, Standard on Fire Department Occupational Safety, Health, and Wellness
Program, as specified in Rule 69A-62.025, F.A.C.
(b) Purchase personal protective equipment extractor units that are designed to operate using 110-
volt alternating current (AC); however, additional costs, such as wiring and installation will
not be covered.
(c) Purchase personal protective equipment extractor units not designed to operate using I I0-volt
AC current; however, additional costs such as wiring and installation will not be covered.
(d) Purchase second issued hoods, gloves, and helmet earflaps that are compliant with the
standards ofNFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and
Proximity Fire Fighting, as specified in Rule 69A-37.060, F.A.C., and that can be exchanged
at the scene or in quarters after fire extinguishment.
(e) Purchase other equipment that is used to mitigate exposure to hazardous; cancer -causing
chemicals when specifically authorized by the Division.
(f) Purchase supplies that are used to mitigate exposure to hazardous, cancer -causing chemicals
when specifically authorized by the Division.
(g) Provide educational training designed to mitigate exposure to hazardous, cancer -causing
chemicals when specifically authorized by the Division.
B. SCOPE OF WORK
1. The Grantee's Responsibilities:
a. The Grantee shall perform the tasks as specified in Section 3, Deliverables, and comply with
the requirements of the Agreement.
b. The Grantee shall remain in compliance with all grant award eligibility requirements during
the Agreement term, including, but not limited to, the following:
1) Maintenance of all fire department profile and roster records within the electronic online
database of the Bureau of Fire Standards and Training.
2) Submission of all incident reports to the Florida Fire Incident Reporting System (FFIRS).
3) Compliance with the Florida Firefighter Occupational Health and Safety Act or the
requirements of the Grantee's filed plan for correction.
4) Maintenance of a written Agreement with the fire service provider under which the fire
department is operating.
c. To fulfill the requirements of Rule 69A-37.503(7)(a), F.A.C., the Grantee hereby .
acknowledges receipt of this Agreement as the Department's award notification and shall
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return this signed Agreement to the Department within thirty (30) days of the Department's
award notification to the Grantee. The signed Agreement must be attached to an email and
sent to Firefi hterGrantnae myfloridacfo.com.
2. The Department's Responsibilities:
a. To fulfill the requirements of Rule 69A-37.503(7)(a), F..A.C., the Department shall provide
this Agreement to the Grantee for its signature and deem the timely receipt of this signed
Agreement via an email attachment from Grantee via FirefighterGrant@,myfloridacfo.com to
be the Grantee's notice of acceptance of the award.
b. The Department shall conduct all verification activities associated with the Grantee's
expenditures for the items authorized in Attachment 1, Specific Grant Awards, including
expenditure of the match amount stated in Attachment 1, Specific Grant Awards.
c. The Department shall provide reimbursement of properly documented and authorized
expenditures.
3. Deliverables:
The Grantee shall perform the following tasks as specified:
Deliverable 1— Expend Funds for Authorized Equipment, Supplies, and Training
Tasks
Performance Measures and
Financial
Due Date
Conse uences
Expend funds for items as authorized in
For authorized equipment and
Funds expended for the
Attachment 1, Specific Grant Awards.
supply purchases:
authorized items will be
Submit to the Department an
reimbursed on a per
invoice that clearly reflects the
item basis only if the
description of the item(s),
receipts and other
number of units, and cost per
documentation
unit for the equipment and
submitted validate
supplies purchased; and proof of
compliancewith all
payment for such items. Upon
stated terms and
receipt of such items, submit to
conditions for the item.
the Department copies of
documentation confirming
receipt.
For authorized training:
Submit to the Department an
invoice and any additional
documentation necessary to
clearly describe the training, the
purpose and benefits of the
training, the dates and times for
the training to be conducted, and
proof of payment for the
scheduled training. Upon
completion of the training, "
provide proof of attendance and
completion of the training by the
number of participants that
received the training.
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Due Dates: For each authorized
use of funding, the funds must
be fully obligated for the
authorized use on or before the
last day of the State fiscal year
for the grant award period:
Deliverable 1 State Funds Payment Amount Must Not Exceed Amount Stated in Attachment 1:
TOTAL Payment Amount must not exceed total grant award stated in Attachment 1
4. Expenditure and Reconciliation Report:
Pursuant to section 215.971, F.S., the Department's Contract Manager must produce a final
reconciliation report reconciling allfunds paid out to the Grantee under this Agreement against all
funds expended by the Grantee in performance of this Agreement. In addition, the Department's
Contract Manager must verify that the Grantee has expended the required amount of matching
funds in accordance with the requirements of Attachment 1, Specific Grant Awards. if the
Department's Contract Manager requests documentation from the Grantee's Contract Manager
for these purposes, the Grantee must submit such documentation to the Department within ten
(10) business days of receipt of the Department's request. See Section C.3. below for further
detail regarding the documentation and reporting requirements for State fund and matching fund
expenditures.
C. SPECIAL PROVISIONS
1. Agreement Duration:
This Agreement is effective (effective date) on the date last signed and will end. on the last day of
the State's fiscal year in which the grant was awarded. The Grantee may commence its
performance of the requirements of the Agreement as of the date it submits a signed copy of the
Agreement to the Department in accordance with the requirements of Section B.l.e., above.
2. Demonstration of Performance and Acceptance of Deliverables:
The deliverables will be accepted by the Department's Contract Manager only after the Grantee
has provided proof of payment and receipt of the authorized items. If the Department rejects a
deliverable, all costs associated with correction of that deliverable shall be at the Grantee's
expense. The Grantee shall work diligently to timely correct all deficiencies noted by the
Department. Final acceptance of the deliverable shall be considered to occur when the
deliverable has been approved by the Department. The Agreement will be considered complete
upon acceptance by the Department of all deliverables required under the Agreement. The
Department. may independently verify the receipt by Grantee of deliverables beyond the methods
described in this Section. The Grantee must provide proof of payment and receipt of the
authorized items to be entitled to retain funds provided under the Agreement.
3. Payment Amount, Invoice Submittal, and Payment Schedule: The payment obligation of the
Department shall not exceed the amount of State funds to be awarded as stated in Attachment 1.
The deliverable amount specified in Attachment 1, establishes the maximum reimbursable
amount for the authorized item and not the value of the item. The Grantee's entitlement to retain
funds is dependent upon the following: the Grantee timely submitted an accurate and acceptable
invoice and any other necessary supporting documentation as described in Section B.3.,
Deliverables; the funds were fully obligated by the Grantee as of June 301h of the State's fiscal
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year in which the grant was awarded and were disbursed by the Department on or before
September 30' of the same calendar year; and, in accordance with Agreement Section 8, Funding
Requirements of Section 215.971, F.S., the funds were expended by the Grantee for allowable
costs incurred in performance of the requirements of this Agreement. If the Department does not
receive all documentation necessary from the Grantee to confirm its acceptance of all
deliverables, the Grantee shall return all excess funds it has received.
In addition to the documents identified in Section B.3., Deliverables, the Department may require
any additional information from the Grantee that the Department deems necessary to verify that
the Grantee has fulfilled the requirements of the Agreement.
If the Agreement is terminated early, the Department shall only pay for completed and accepted
deliverables.
4. Travel and Expenses: Per diem and travel expenses are not authorized and will not be
reimbursed under this Agreement.
5. Financial Consequences for Failure.to Timely and Satisfactorily Perform: Failure to comply
with the requirements of Section B.3., Deliverables, will result in automatic task rejection and the
deliverable shall not be invoiced or paid until correction of the task. Failure to complete the
required duties as outlined in the SOW shall result in the rejection of the invoices. Failure to
complete all deliverables in accordance with the requirements of the Agreement, and, in .
particular, as specified above in Section B.3., Deliverables, will result in assessment by the
Department of the specified financial consequences.
This provision for financial consequences shall in no manner affect the Department's right to
terminate the Agreement as provided elsewhere in the Agreement.
6. Notification of Instances of Fraud: Instances of Grantee operational fraud or criminal activities
shall be reported to the Department's Contract Manager within twenty-four (24) hours of being
made aware of the incident.
7. Grantee's Responsibilities upon Termination: If the Departmentissues a Notice of
Termination to Grantee, except as otherwise specified by the Department in that notice, the
Grantee shall:
a. Stop work under the 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 the
Department.
e. Take such action as may be necessary, or as the Department may specify, to protect and
preserve any property which is in the possession of Grantee and in which the Department has
or may acquire an interest.
d. Upon the effective date of termination of the Agreement, Grantee shall transfer, assign, and
make available to the Department all property and materials belonging to the Department.
No extra compensation will be paid to Grantee for its services in connection with such
transfer or assignment.
8. Nondiscrimination: The Grantee shall not unlawfully discriminate against any individual
employed in the performance of this Agreement due to race, religion, color, sex, physical
handicap unrelated to such person's ability to engage in this work, national origin, ancestry, or
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age. The Grantee shall provide a harassment -free workplace and give any allegation of
harassment priority attention and action.
9. Limitation of Liability:
a. For all claims against Grantee under the Agreement, and regardless of the basis on which the
claim is made, Grantee's liability under this Agreement for direct damages shall be limited to
the dollar amount of this Agreement. This limitation shall not apply to claims arising under
the Indemnity paragraphs contained in the Agreement.
b. Neither Party shall be liable to the other for special, indirect, punitive, or consequential
damages, including lost data or records, even if the Party has been advised that such damages
are possible. Neither Party shall be liable for lost profits, lost revenue, or lost institutional
operating savings. The State and the Department may, in addition to other remedies available
to them at .law or in 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.
- End of Attachment 2, Statement of Work -
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ATTACHMENT 3
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Department of Financial Services
Division of Accounling and Auditing — Bureau cY Auditing
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
The administration of resources awarded by the Department of Financial. Services (Department) to the
Grantee may be subject to audits and/or monitoring by the Department, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements,
and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may
include, but not be limited to, on -site visits by Department staff,, limited scope audits as defined by 2 CFR
§200.425, or other procedures. By entering into this agreement, the Grantee 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 Grantee is appropriate, the Grantee agrees to
comply with any additional instructions provided by Department staff to the Grantee regarding such audit.
The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
Part I: Federally Funded
This part is applicable if the Grantee is a state or local government or a nonprofit organization as defined
in 2 CFR §200.90, §200.64, and §200.70.
1. A grantee 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 the Department
by this agreement. In determining the federal awards expended in its fiscal year, the Grantee shall
consider all sources of federal awards, including federal resources received from the Department.
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 Grantee conducted by the Auditor
General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the Grantee shall fulfill the requirements
relative to auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A grantee 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 Grantee 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 Grantee resources obtained from other than federal entities).
Part II: State Funded
1. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess
of $750,000 in any fiscal year of such Grantee (for fiscal years ending June 30, 2017, or thereafter),
the Grantee 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. EXHIBIT 1 to this form lists the state financial assistance awarded through the
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AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
2. Department by this agreement. In determining the state financial assistance expended in its fiscal
year, the Grantee 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.
3. For the audit requirements addressed in Part II, paragraph 1, the Grantee 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.
4. If the Grantee 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. Grantee 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 Grantee's resources obtained from other than, state
entities).
Part III: Other Audit Requirements
N/A
Part IV: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR
§200.512, by or on behalf of the Grantee directly to the Federal Audit Clearinghouse (FAC) as
provided in 2 CFR §200.36 and §200.512.
The FAC's website provides a data entry system and required forms for submitting the single audit
reporting package. Updates to the location of the FAC and data entry system may be found at the
OMB website.
2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on
behalf of the Grantee directly to each of the following:
a. The Department at each of the following addresses:
Electronic copies (preferred): Susan..Scl.i.cl] a-)MyFloridaefo.com.
or
Paper (hard copy):
Susan Schell
Department of Financial Services
200 East Gaines Street
Tallahassee, Florida 32399-0340
N The Auditor General's Office at the following address:
Auditor General
Local Government Auditsl342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
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AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
The Auditor General's website (bMs://flauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
3. 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.
4. Grantees, when submitting financial reporting packages to the Department 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 Grantee in
correspondence accompanying the reporting package.
Part V: Record Retention
The Grantee shall retain sufficient records demonstrating its compliance with the terms of the award(s) and
this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the
Department, or its designee, the CFO, or Auditor General access to such records upon request. The Grantee
shall ensure that audit working papers are made available to the Department, or its designee, the CFO, or
Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless
extended in writing by the Department.
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AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
EXHIBIT 1
Federal Resources Awarded to the Grantee
Pursuant to this Agreement Consist of the Following:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
Compliance Requirements Applicable to the Federal Resources
Awarded Pursuant to this Agreement are as Follows:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
State Resources Awarded to the Grantee
Pursuant to this Agreement Consist of the Following:
Matching Resources for Federal Programs:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
Subject to Section 215.97, F.S.:
1. State Project A:
State Project: Fire Decontamination Equipment Grant Program
State Awarding Agency: State of Florida, Department of Financial Services
Catalog of State Financial Assistance Title and Number: Fire Decontamination Equipment Grants,
43,013
Amount: The amount listed in the first paragraph of Attachment 1., Specific Grant Awards, of this
Agreement
2. State Project B:
N/A
Compliance Requirements Applicable to State Resources Awarded
Pursuant to this Agreement Are as Follows:
The requirements of this Agreement, section 633.137, F.S., and Rule 69A-37.503, F.A.C.
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DEPARTMENT OF FINANCIAL SERVICES
Public Records Requirements
Addendum A
1. Public Records Access Requirements.
a. If the Contractor is acting on behalf of the Department in its performance of services under the Contract,
the Contractor must allow public access to all documents, papers, letters, or other material, regardless of
the physical form, characteristics, or means of transmission, made or received by the Contractor in
conjunction with the Contract (Public Records), unless the Public Records are exempt from public access
pursuant to section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Contract if the Contractor refuses to allow public access to
Public Records as required by law.
2. Public Records Requirements Applicable to All Contractors.
a. For purposes of the Contract, the Contractor is responsible for becoming familiar with Florida's Public
Records law, consisting of chapter 119, F.S., section 24(a) of Article I of the Florida Constitution, or other
applicable state or federal law (Public Records Law).
b. All requests to inspect or copy Public Records relating to. the Contract must be made directly to the
Department. Notwithstanding any provisions to the contrary, disclosure of any records made or received
by the State in conjunction with the Contract is governed by Public Records Law.
c. If the Contractor has a reasonable, legal basis to assert that any portion of any records submitted to the
Department is confidential, proprietary, trade secret, or otherwise not subject to disclosure ("Confidential"
or "Trade Secret") under Public Records Law or other legal authority, the Contractor must simultaneously
provide the Department with a separate redacted copy of the records the Contractor claims as Confidential
or Trade Secret and briefly describe in writing the grounds for claiming exemption from the Public Records
Law, including the specific statutory citation for such exemption. The un-redacted copy of the records must
contain the Contract name and number and must be clearly labeled "Confidential" or "Trade Secret." The
redacted copy of the records -should only redact those portions of therecords that the Contractor claims are
Confidential or Trade Secret. If the. Contractor fails to submit a redacted copy of records it claims are
Confidential or Trade Secret, such action may constitute a waiver of any claim of confidentiality.
d. If the Department receives a Public Records request, and if records that have been marked as "Confidential"
or "Trade Secret" are responsive to such request, the Department will provide the Contractor -redacted
copies to the requester. If a requester asserts a right to the portions of records claimed as Confidential or
Trade Secret, the Department will notify the Contractor that such an assertion has been made. It is the
Contractor's responsibility to assert that the portions of records in question are exempt from disclosure
under Public Records Law or other legal authority. If the Department becomes subject to a demand for
discovery or disclosure of the portions of records the Contractor claims as Confidential or Trade Secret in
a legal proceeding, the Department will give the Contractor prompt notice of the demand, when possible,
prior to releasing the portions of records the Contractor claims as Confidential or Trade Secret (unless
disclosure is otherwise prohibited by applicable law). The Contractor shall be responsible for defending its
determination that the redacted portions of its records are Confidential or Trade Secret. No right or remedy
for damages against the Department arises from any disclosure made by the Department based on the
Contractor's failure to promptly legally protect its claim of exemption and commence such protective
actions within ten days of receipt of such notice from the Department.
e. If the Contractor claims that the records are "Trade Secret" pursuant to section 624.4213, F.S., and all the
requirements of section 624.4213(1), F.S., are met, the Department will respond to the Public Records
Request in accordance with the provisions specified in that statute.
f The Contractor shall ensure that exempt or confidential and exempt Public Records are not disclosed except
as permitted by the Contract or by Public Records Law.
Addendum A
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3. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
If the Contractor is a "contractor" as defined in section 119.0701(1)(a), F.S., the Contractor shall:
a. Keep and maintain Public Records required by the Department to perform the service.
b. Upon request, provide the Department with a copy of requested Public Records or allow the Public Records
to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter
119, F.S., or as otherwise provided by law.
c. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure
requirements are not disclosed except as authorized by law for the duration of the Contract term and
following completion of the Contract if the Contractor does not transfer the Public Records to the
Department.
d. Upon completion of the Contract, transfer, at no cost, to the Department all Public Records in possession
of the Contractor or keep and maintain Public Records required by the Department to perform the service.
If the Contractor transfers all Public Records to the Department upon completion of the Contract, the
Contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from
Public Records disclosure requirements. If the Contractor keeps and maintains Public Records upon
completion of the Contract, the Contractor shall meet all applicable requirements for retaining Public
Records. All Public Records stored electronically must be provided to the Department, upon request from
the Department's custodian of Public Records, in a format specified by the Department as compatible with
the information technology systems of the Department. These formatting requirements are satisfied by
using the data formats as authorized in the Contract or Microsoft Word, Outlook, Adobe, or Excel, and any
software formats the Contractor is authorized to access.
e. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE
CONTRACT, CONTACT PUBLIC RECORDS AT:
Telephone: (850) 413-3149
Email: PublicRecordsRequest ate, ,myfloridacfo.com
Mailing Address: The Department of Financial Services
Office of Open Government
PL-11, The Capitol
Tallahassee, Florida 32399-0301
A Contractor who fails to provide the Public Records to the Department within a reasonable time may be
subject to penalties under section 119.10, F.S.
Addendum A
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Attachment 4
Index of Applicable Laws and Regulations
1. Statutory Requirements:
Chapter 112, F.S. (conflict of interest)
Chapter 119, F.S. (public records and exceptions to disclosure)
Sections 11.062 and 216.347, F.S. (prohibitions on the use of state funds for lobbying purposes)
Section 216.1366, F.S. (inspection of records)
Section 286.101, F.S. (foreign gifts and contracts)
Section 286.25, F.S. (sponsorship)
Section 287.133, F.S. (convicted vendor list)
Section 287.134, F.S. (discriminatory vendor list)
Section 287.137, F.S. (antitrust violator vendor list)_
Americans with Disabilities Act
Immigration and Nationality Act
2. Audit Requirements:
Section 20.055, F.S. (audit investigations)
Section 215.34, F.S. (return or recoupment of funds)
Section 215.97, F.S., Florida Single Audit Act
Section 215971, F.S., Agreements Funded with Federal or State Assistance
3. Financial Requirements:
Section 215.422, F.S. (payments from state funds)
Section 273.02, F.S. (nonexpendable tangible personal property)
Section 287.0585, F.S. (payments to subcontractors)
Rule 60A-1.031, F.A.C. (MyFloridaMarketPlace)
Chief Financial Officer Memoranda Nos. 1, 2, and 4 (effective July 1, 2020)
Rev. 07/27/2021