HomeMy Public PortalAbout21-9894 Grant Funding from State DEO for fences at city parksSponsored by: City Manager
RESOLUTION NO. 21-9894
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ACCEPT GRANT FUNDING FROM THE
STATE OF FLORIDA, DEPARTMENT OF ECONOMIC
OPPORTUNITY (DEO), AND EXECUTE CORRESPONDING
AGREEMENT HL136, ATTACHED HERETO; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature appropriated One Hundred Thousand Dollars
($100,000.00) for the City of Opa-Locka ("City") in line item 2230A of the General
Revenue Fund of the General Appropriations Act for installation of 8 -foot wrought iron
fences at various City parks including Ingram Park, Sherbondy Village Park, Helen Miller
Park, Segal Park, and Kaboom Park (collectively referred to as "the Parks"), to add
beautification and security for the parks ("Project"); and
WHEREAS, Staff has estimated a total project cost of Two Hundred Thousand
Dollars ($200,000.00). The State of Florida, Department of Economic Opportunity
("DEO") will fund half of the estimated cost and requires a local match of One Hundred
Thousand Dollars ($100,000.00); and
WHEREAS, upon execution of the DEO Contract Agreement HL136 to accept
grant funding and subject to approval of the City Commission, Staff will initiate the
procurement process for fence installations at the Parks. In accordance with the Project
agreement, this Project is to be completed by June 30, 2022; and
WHEREAS, Staff recommends approval of this item allowing the City to benefit
from this grant funding opportunity and facilitate safety as well as beautification
improvements by installation of 8 -foot wrought iron fences for City parks, including
Ingram, Sherbondy Village, Hellen Miller, Segal, and Kaboom, to be completed in Fiscal
Year 2022; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
accept grant funding from the State of Florida, Department of Economic Opportunity
(DEO), and execute Agreement HL136, attached hereto as Exhibit "A".
Resolution No. 21-9894
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka, Florida hereby authorizes the City
Manager to accept One Hundred Thousand Dollars ($100,000.00) in grant funding from
the State of Florida, Department of Economic Opportunity (DEO), and execute
corresponding Agreement HL136, attached hereto as Exhibit "A".
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect upon the adoption and is subject to the approval of the
Governor or Governor's Designee.
PASSED and ADOPTED this 28th day of July, 2021.
Matthew A. Pigatt, Mayor
A EST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
a Flores, City Clerk
Bu adette Norris -Weeks, P.A.
City Attorney
2
Resolution No. 21-9894
Moved by: Commissioner Taylor
Seconded by: Vice Mayor Williams
VOTE: 4-0
Commissioner Taylor YES
Commissioner Burke ABSENT
Commissioner Davis YES
Vice -Mayor Williams YES
Mayor Pigatt YES
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City of Opa-locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
', ,
City
Mana er:
g
John E. Pate
CM Signature:
Commission
Meeting
Date:
07/28/2021
Item Type:
(EnterX in box)
Resolution
O i
Other
X
Fiscal
Impact:
(EnterX in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1u Reading
2" Reading
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
X
Funding
Source:
Account# :
(Enter Fund & Dept.)
Ex:
See Financial
Impact Section
Advertising Requirement:
(EnterX in box)
Yes
No
X
Contract/P.O.
Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(EnterX in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
i]
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
•
Image -
MI
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
Acceptance of Grant Funding from the State of Florida,
Department of Economic Opportunity (DEO)
Staff Summary:
A resolution of the City Commission of the City of Opa-locka authorizing the City Manager to accept
Grant Funding from the State of Florida, Department of Economic Opportunity (DEO), and execute
Agreement HL136, attached to this request.
The Florida Legislature appropriated One Hundred Thousand Dollars ($100,000.00) in line item
2230A from the General Revenue Fund of the General Appropriations Act to the City for installation
of 8 -foot wrought iron fences at the following parks: Ingram, Sherbondy Village, Helen Miller, Segal,
and Kaboom, to add beautification and security for the parks.
Staff estimated a total project cost of Two Hundred Thousand Dollars ($200,000.00), of which, DEO
will fund half of the estimated cost and requires a local match of One Hundred Thousand Dollars
($100, 000.00).
Upon execution of the DEO Contract Agreement to accept Grant funding HL136, Staff will initiate the
procurement process for fence installations at the parks already mentioned and will bring the project
as a separate item for approval of the City Commission. In accordance with the project agreement,
this project is to be completed by June 30, 2022.
Financial Impact - The City's match requirement of $100,000 is incorporated into the proposed FY
22 Budget, funded in part from the General Fund and from the CRA for parks within the CRA area.
Proposed Acdon:
Staff recommends approval of this item allowing the City to benefit from this grant funding
opportunity and facilitate safety and beautification improvements by installation of 8 -foot wrought
iron fences for City parks, including Ingram, Sherbondy Village, Hellen Miller, Segal, and Kaboom, to
be completed in FY 22.
Attachment:
1. Agenda
2. Grant Agreement between the State of Florida -Department of Economic Opportunity and the
City.
DocuSign Envelope ID: E1A8CF48-2625-496D-8361-91C2476AAB23
Agreement No. HL136
GRANT AGREEMENT
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
THIS GRANT AGREEMENT NUMBER HL136 ("Agreement") is made and entered into by and
between the State of Florida, Department of Economic Opportunity ("DEO"), and the City of Opa-
Locka, Florida ("Grantee"). DEO and Grantee are sometimes referred to herein individually as a "Party" and
collectively as "the Parties".
WHEREAS, DEO has the authority to enter into this Agreement and distribute State of Florida funds
("Award Funds") in the amount and manner set forth in this Agreement and in the following Attachments
incorporated herein as an integral part of this Agreement:
• Attachment 1: Scope of Work
• Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements
• Attachment 3: Audit Compliance Certification
WHEREAS, the Agreement and its aforementioned Attachments are hereinafter collectively referred
to as the "Agreement", and if any inconsistencies or conflict between the language of this Agreement and its
Attachments arise, then the language of the Attachments shall control, but only to the extent of the conflict or
inconsistency;
'WHEREAS, Grantee hereby represents and warrants that Grantee's signatory to this Agreement has
authority to bind Grantee to this Agreement as of the Effective Date and that Grantee, through its undersigned
duly -authorized representative in his or her official capacity, has the authority to request, accept, and expend
Award Funds for Grantee's purposes in accordance with the terms and conditions of this Agreement;
NOW THEREFORE, for and in consideration of the covenants and obligations set forth herein and
for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties intending to be legally bound hereby agree to perform the duties described herein in this Agreement as
follows:
A. AGREEMENT PERIOD
This Agreement is effective as of July 1, 2021 (the "Effective Date") and shall continue until the earlier to occur
of (a) June 30, 2022 (the "Expiration Date") or (b) the date on which either Party terminates this Agreement
(the "Termination Date"). The period of time between the Effective Date and the Expiration Date or
Termination Date is the "Agreement Period".
B. FUNDING
This Agreement is a Cost Reimbursement Agreement. DEO shall pay Grantee up to One Hundred Thousand
Dollars and Zero Cents ($100,000.00) in consideration for Grantee's performance under this Agreement.
DEO may provide Grantee an advance of Award Funds under this Agreement. Travel expenses are not
authorized under this Agreement. DEO shall not pay Grantee's costs related to this Agreement incurred outside
of the Agreement Period. In conformity with s. 287.0582, F.S., the State of Florida and DEO's performance
and obligation to pay any Award Funds under this Agreement is contingent upon an annual appropriation by
the Legislature. DEO shall have final unchallengeable authority as to both the availability of funds and what
constitutes an "annual appropriation" of funds. Grantee shall not expend Award Funds for the purpose of
lobbying the Legislature, the judicial branch, or a state agency. Grantee shall not expend Award Funds to pay
any costs incurred in connection with any defense against any claim or appeal of the State of Florida or any
agency or instrumentality thereof (including DEO); or to pay any costs incurred in connection with the
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prosecution of any claim or appeal against the State of Florida or any agency or instrumentality thereof
(including DEO), which Grantee instituted or in which Grantee has joined as a claimant. Grantee shall either
(i) maintain Award Funds in a separate bank account, or (ii) expressly designate in Grantee's business records
and accounting system that the Award Funds originated from this Agreement. Grantee shall not commingle
Award Funds with any other funds. DEO may refuse to reimburse Grantee for purchases made with
commingled funds. Grantee's costs must be in compliance with all laws, rules, and regulations applicable to
expenditures of State funds, including the Reference Guide for State Expenditures.
(https: / /www.myfloridacfo. com /Division/AA/Manuals /documents/ReferenceGuideforStateExpenditures.p
at)
C. ELECTRONIC FUNDS TRANSFER
Within 30 calendar days of the date the last Party has signed this Agreement, Grantee shall enroll in Electronic
Funds Transfer (EH.) from the State's Chief Financial Officer. A copy of the Authorization form can be
found on the vendor instruction page at: https://www.myfloridacfo.com/Division/AA/Vendors/default.htm.
Any questions should be directed to the Direct Deposit/EFT Section of the Division of Accounting and
Auditing at (850) 413-5517. Once enrolled, invoice payments shall be made by EFT.
D. MODIFICATION
If, in DEO's sole and absolute determination, changes to this Agreement are necessitated by law or otherwise,
DEO may at any time, with written notice of all such changes to Grantee, modify this Agreement within its
original scope and purpose. Grantee shall be responsible for any due diligence necessary to determine the
impact of the modification. Any modification of this Agreement requested by Grantee must be in writing and
duly signed by all Parties in order to be enforceable.
E. AUDIT REQUIREMENTS AND COMPLIANCE
1. Section 215.971, Florida Statutes ("F.S."). Grantee shall comply with all applicable provisions of
s. 215.97, F.S., and Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements. Grantee shall perform
the deliverables and tasks set forth in Attachment 1, Scope of Work. Grantee may only expend Award Funds
for allowable costs resulting from obligations incurred during the Agreement Period. Grantee shall refund to
DEO any: (1) balance of unobligated Award Funds which have been advanced or paid to Grantee; or (2) Award
Funds paid in excess of the amount to which Grantee is entitled under the terms and conditions of this
Agreement and Attachments hereto, upon expiration or termination of this Agreement.
2. Audit Compliance. Grantee understands and shall comply with the requirements of s. 20.055(5),
F.S. Grantee agrees to reimburse the State for the reasonable costs of investigation the Inspector General or
other authorized State official incurs for investigations of Grantee's compliance with the terms of this or any
other agreement between the Grantee and the State which results in the suspension or debarment of Grantee.
Grantee shall not be responsible for any costs of investigations that do not result in Grantee's suspension or
debarment.
F. RECORDS AND INFORMATION RELEASE
1. Records Compliance. DEO is subject to the provisions of chapter 119, F.S., relating to public
records. Any document Grantee submits to DEO under this Agreement may constitute public records under
the Florida Statutes. Grantee shall cooperate with DEO regarding DEO's efforts to comply with the
requirements of chapter 119, F.S. Grantee shall respond to requests to inspect or copy such records in
accordance with chapter 119, F.S., for records made or received by Grantee in connection with this Agreement.
Grantee shall immediately notify DEO of the receipt and content of any request by sending an e-mail to
PRReques.a,deo.myflorida.com within one business day after receipt of such request. Grantee shall indemnify,
defend, and hold DEO harmless from any violation of Florida's public records laws wherein DEO's disclosure
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Agreement No. HL136
or nondisclosure of any public record was predicated upon any act or omission of Grantee. As applicable,
Grantee shall comply with s. 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 or s. 119.07(1), F.S.
2. Identification of Records. Grantee shall clearly and conspicuously mark all records submitted to
DEO if such records are confidential and exempt from public disclosure. Grantee's failure to clearly mark each
record and identify the legal basis for each exemption from the requirements of chapter 119, F.S., prior to
delivery of the record to DEO serves as Grantee's waiver of a claim of exemption. Grantee shall ensure that
public records that are exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for as long as those records are confidential and exempt pursuant to
Florida law. If DEO's claim of exemption asserted in response to Grantee's assertion of confidentiality is
challenged in any court of law, Grantee shall defend, assume, and be responsible for all fees, costs, and expenses
in connection with such challenge.
3. Keeping and Providing Records. DEO and the State have an absolute right to view, inspect, or
make or request copies of any records arising out of or related to this Agreement. Grantee has an absolute duty
to keep and maintain all records arising out of or related to this Agreement. DEO may request copies of any
records made or received in connection with this Agreement, or arising out of Grantees use of Award Funds,
and Grantee shall provide DEO with copies of any records within 10 business days after DEO's request at no
cost to DEO. Grantee shall maintain all books, records, and documents in accordance with generally accepted
accounting procedures and practices which sufficiently and properly reflect all expenditures of Award Funds.
For avoidance of doubt, Grantee's duties to keep and provide records to DEO includes all records generated
in connection with or as a result of this Agreement. Upon expiration or termination of this Agreement, Grantee
shall transfer, at no cost, to DEO all public records in possession of Grantee or keep and maintain public
records required by DEO to perform the service. If Grantee keeps and maintains public records upon
completion of this Agreement, Grantee shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to DEO, upon request from DEO's custodian of records, in a
format that is compatible with the information technology systems of DEO.
4. Audit Rights. Representatives of the State of Florida, DEO, the State Chief Financial Officer, the
State Auditor General, the Florida Office of Program Policy Analysis and Government Accountability or
representatives of the federal government and their duly authorized representatives shall have access to any of
Grantee's books, documents, papers, and records, including electronic storage media, as they may relate to this
Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions.
5. Single Audit Compliance Certification. Annually, within 60 calendar days of the close of
Grantee's fiscal year, Grantee shall electronically submit a completed Audit Compliance Certification (a version
of this certification is attached hereto as Attachment 3) to auditna,deo.myflorida.com. Grantee's timely
submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this
requirement for all agreements between DEO and Grantee.
6. Ensure Compliance. Grantee shall ensure that any entity which is paid from, or for which Grantee's
expenditures will be reimbursed by, Award Funds, is aware of and will comply with the aforementioned audit
and record keeping requirements.
7. Contact Custodian of Public Records for Questions. IF THE
GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at (850)
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Agreement No. HL136
245-7140, via e-mail at PRRequest@a,deo.myflorida.com, or by mail at
Department of Economic Opportunity, Public Records Coordinator, 107 East
Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128.
G. TERMINATION AND FORCE MAJEURE
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 24 hour written notice to Grantee. DEO shall be the
final authority as to the availability of funds and will not reallocate funds earmarked for this Agreement to
another program thus causing "lack of funds." In the event of termination of this Agreement under this
provision, Grantee will be paid for any work satisfactorily completed prior to notification of termination. The
lack of funds shall not constitute DEO's default under this Agreement.
2. Termination for Cause: DEO may terminate the Agreement if Grantee fails to: (1) deliver the
services within the time specified in the Agreement or any extension; (2) maintain adequate progress, thus
endangering performance of the Agreement; (3) honor any term of the Agreement; or (4) abide by any statutory,
regulatory, or licensing requirement. The rights and remedies of DEO in this clause are in addition to any other
rights and remedies provided by law or under the Agreement. Grantee shall not be entitled to recover any
cancellation charges or lost profits.
3. Termination for Convenience: DEO, by written notice to Grantee, may terminate this Agreement
in whole or in part when DEO determines in DEO's sole and absolute discretion that it is in DEO's interest
to do so. Grantee shall not provide any deliverable pursuant to Attachment 1: Scope of Work after it receives
the notice of termination, except as DEO otherwise specifically instructs Grantee in writing. Grantee shall not
be entitled to recover any cancellation charges or lost profits.
4. Grantee's Responsibilities Upon Termination: If DEO issues a Notice of Termination to Grantee,
except as DEO otherwise specifies in that Notice, Grantee shall: (1) Stop work under this Agreement on the
date and to the extent specified in the notice; (2) complete performance of such part of the work DEO does
not terminate; (3) take such action as may be necessary, or as DEO may specify, to protect and preserve any
property which is in the possession of Grantee and in which DEO has or may acquire an interest; and (4) upon
the effective date of termination, Grantee shall transfer, assign, and make available to DEO all property and
materials belonging to DEO pursuant to the terms of this Agreement and all Attachments hereto. Grantee shall
not receive additional compensation for Grantee's services in connection with such transfers or assignments.
5. Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the
other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor
the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of
public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the
foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the
event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all
resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is
excusable under this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section,
the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any
delay Grantee believes is excusable under this FORCE MAJEURE AND NOTICE OF DELAY FROM
FORCE MAJEURE section, Grantee shall notify DEO in writing of the delay or potential delay and describe
the cause of the delay either: (1) within 10 calendar days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) within five calendar days
after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably
foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE
WITH RESPECT TO DELAY. Providing notice in strict accordance with this FORCE MAJEURE AND
NOTICE OF DELAY FROM FORCE MAJEURE section is a condition precedent to such remedy. DEO, in
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its sole discretion, will determine if the delay is excusable under this FORCE MAJEURE AND NOTICE OF
DELAY FROM FORCE MAJEURE section and will notify Grantee of its decision in writing. No claim for
damages, other than for an extension of time, shall be asserted against DEO. Grantee shall not be entitled to
an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential,
impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency
arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is
suspended or delayed, in whole or in part, due to any of the causes described in this FORCE MAJEURE AND
NOTICE OF DELAY FROM FORCE MAJEURE section, after the causes have ceased to exist, Grantee shall
perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly
impair the value of the Agreement to DEO or the State, in which case, DEO may terminate the Agreement in
whole or in part.
H. BUSINESS WITH PUBLIC ENTITIES
Grantee is aware of and understands the provisions of s. 287.133(2)(a), F.S., and s. 287.134(2)(a), F.S. As
required by s. 287.135(5), F.S., Grantee certifies that it is not: (1) listed on the Scrutinized Companies that
Boycott Israel List, created pursuant to s. 215.4725, F.S.; (2) engaged in a boycott of Israel; (3) listed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to s. 215.473, F.S.; or (4) engaged in business operations in
Cuba or Syria. DEO may immediately terminate this Agreement if Grantee submits a false certification as to
the above, or if Grantee is placed on the Scrutinized Companies that Boycott Israel List, engages in a boycott
of Israel, is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or has engaged in business operations in Cuba or Syria.
I. CONTINUING DISCLOSURE OF LEGAL PROCEEDINGS
Prior to execution of this Agreement, Grantee must disclose in a written statement to DEO's Agreement
Manager all prior or on -going civil or criminal litigation, investigations, arbitration or administrative proceedings
(collectively "Proceedings") involving this Agreement. Thereafter, Grantee has a continuing duty to promptly
disclose all Proceedings upon occurrence. This duty of disclosure applies to Grantee's or subcontractor's
officers and directors when any Proceeding relates to the officer or director's business or financial activities.
Details of settlements that are prevented from disclosure by the terms of the settlement may be annotated as
such. Grantee shall promptly notify DEO's Agreement Manager of any Proceeding relating to or affecting the
Grantee's or subcontractor's business. If the existence of such Proceeding causes the State concern about
Grantee's ability or willingness to perform the Agreement, then upon DEO's request, Grantee shall provide to
DEO's Agreement Manager all reasonable assurances that: (i) Grantee will be able to perform the Agreement
in accordance with its terms and conditions; and (ii) Grantee and/or its employees, agents, or subcontractor(s)
have not and will not engage in conduct in performing services for DEO which is similar in nature to the
conduct alleged in such Proceeding.
J. ADVERTISING AND SPONSORSHIP DISCLOSURE
1. Limitations on Advertising of Agreement. DEO does not endorse any Grantee, commodity, or
service. Subject to chapter 119, F.S., Grantee shall not publicly disseminate any information concerning this
Agreement without prior written approval from DEO, including, but not limited to mentioning this Agreement
in a press release or other promotional material, identifying DEO or the State as a reference, or otherwise
linking Grantee's name and either a description of the Agreement or the name of DEO or the State in any
material published, either in print or electronically, to any entity that is not a Party to this Agreement, except
potential or actual authorized distributors, dealers, resellers, or service representatives.
2. Disclosure of Sponsorship. As required by s. 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
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sponsorship reference is in written material, the words "State of Florida, Department of Economic
Opportunity" shall appear in the same size letters or type as the name of the organization.
K. RECOUPMENT OF FUNDS
1. Recoupment. Notwithstanding anything in this Agreement to the contrary, DEO has an absolute
right to recoup Award Funds. DEO may refuse to reimburse Grantee for any cost if DEO determines that
such cost was not incurred in compliance with the terms of this Agreement. DEO may demand a return of
Award Funds if DEO terminates this Agreement. 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) performance or nonperformance of any term or
condition of this Agreement results in (i) an unlawful use of Award Funds; (ii) a use of Award Funds that
doesn't comply with the terms of this Agreement; or (iii) a use which constitutes a receipt of Award Funds to
which Grantee is not entitled (each such event an "Overpayment"), then Grantee shall return such
Overpayment of Award Funds to DEO.
3. Discovery of Overpayments. Grantee shall refund any Overpayment of Award Funds to DEO
within 30 days of Grantee's discovery of an Overpayment or receipt of notification from DEO that and
Overpayment has occurred. DEO is the final authority as to what may constitute an Overpayment of Award
Funds. Refunds should be sent to DEO's Agreement Manager and made payable to the "Department of
Economic Opportunity." Should repayment not be made in a timely manner, DEO may charge interest at the
lawful rate of interest on the outstanding balance beginning 30 days after the date of notification or discovery.
4. Right of Set -Off. DEO and the State shall have all of its common law, equitable, and statutory
rights of set-off, including, without limitation, the State's option to withhold for the purposes of set-off any
moneys due to Grantee under this Agreement up to any amounts due and owing to DEO with respect to this
Agreement, any other contract with any State department or agency, including any contract for a term
commencing prior to the term of this Agreement, plus any amounts due and owing to the State for any other
reason. The State shall exercise its set-off rights in accordance with normal State practices, including, in cases
of set-off pursuant to an audit, the finalization of such audits by the State or its representatives.
L. INSURANCE
Unless Grantee is a state agency or subdivision as defined in s. 768.28(2), F.S., Grantee shall provide and
maintain at all times during this Agreement adequate commercial general liability insurance coverage. A self-
insurance program established and operating under the laws of the State of Florida may provide such coverage.
Grantee, at all times during the Agreement, at Grantee's sole expense, shall provide commercial insurance of
such a type and with such terms and limits as may be reasonably associated with this Agreement, which, as a
minimum, shall be: workers' compensation and employer's liability insurance in accordance with chapter 440,
F.S., with minimum employer's liability limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policy shall cover all employees engaged in any Agreement work.
Grantee shall maintain insurance coverage of such types and with such terms and limits as may be reasonably
associated with this Agreement, as required by law, and as otherwise necessary and prudent for the Grantee's
performance of its operations in the regular course of business. The limits of coverage under each policy
maintained by Grantee shall not be interpreted as limiting Grantee's liability and obligations under this
Agreement. M insurance policies shall be through insurers licensed and authorized to write policies in Florida,
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and such policies shall cover all employees engaged in any Agreement work. Grantee shall maintain any other
insurance required in the Scope of Work. Upon request, Grantee shall produce evidence of insurance to DEO.
DEO shall not pay for any costs of any insurance or policy deductible, and payment of any insurance costs
shall be Grantee's sole responsibility. Providing and maintaining adequate insurance coverage is a material
obligation of Grantee, and failure to maintain such coverage may void the Agreement, at DEO's sole and
absolute discretion, after DEO's review of Grantee's insurance coverage when Grantee is unable to comply
with DEO's requests concerning additional appropriate and necessary insurance coverage. Upon execution of
this Agreement, Grantee shall provide DEO written verification of the existence and amount for each type of
applicable insurance coverage. Within 30 calendar days of the effective date of the Agreement, Grantee shall
furnish DEO proof of applicable insurance coverage by standard ACORD form certificates of insurance. In
the event that an insurer cancels any applicable coverage for any reason, Grantee shall immediately notify DEO
of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein
and provide proof of such replacement coverage within 15 business days after the cancellation of coverage.
Copies of new insurance certificates must be provided to DEO's Agreement Manager with each insurance
renewal.
M. CONFIDENTIALITY AND SAFEGUARDING INFORMATION
Each Party may have access to confidential information made available by the other. The provisions of the
Florida Public Records Act, Chapter 119, F.S., and other applicable state and federal laws will govern disclosure
of any confidential information received by the State of Florida.
Grantee must implement procedures to ensure the appropriate protection and confidentiality of all data, files,
and records involved with this Agreement.
Except as necessary to fulfill the terms of this Agreement and with the permission of DEO, Grantee shall not
divulge to third parties any confidential information obtained by Grantee or its agents, distributors, resellers,
subcontractors, officers, or employees in the course of performing Agreement work, including, but not limited
to, security procedures, business operations information, or commercial proprietary information in the
possession of the State or DEO.
Grantee shall not use or disdose any information concerning a recipient of services under this Agreement for
any purpose in conformity with state and federal law or regulations, except upon written consent of the recipient
or the responsible parent or guardian of the recipient when authorized by law.
When Grantee has access to DEO's network and/or applications, in order to fulfill Grantee's obligations under
this Agreement, Grantee shall abide by all applicable DEO Information Technology Security procedures and
policies. Grantee (including its employees, subcontractors, agents, or any other individuals to whom Grantee
exposes confidential information obtained under this Agreement), shall not store, or allow to be stored, any
confidential information on any portable storage media (e.g., laptops, thumb drives, hard drives, etc.) or
peripheral device with the capacity to hold information. Failure to strictly comply with this provision shall
constitute a breach of Agreement.
Grantee shall immediately notify DEO in writing when Grantee, its employees, agents, or representatives
become aware of an inadvertent disclosure of DEO's unsecured confidential information in violation of the
terms of this Agreement. Grantee shall report to DEO any Security Incidents of which it becomes aware,
including incidents sub -contractors or agents reported to Grantee. For purposes of this Agreement, "Security
Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction
of DEO information in Grantee's possession or electronic interference with DEO operations; provided,
however, that random attempts at access shall not be considered a security incident. Grantee shall make a report
to DEO not more than seven business days after Grantee learns of such use or disclosure. Grantee's report
shall identify, to the extent known: (i) the nature of the unauthorized use or disclosure, (ii) the confidential
information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure,
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(iv) what Grantee has done or shall do to mitigate any detrimental effect of the unauthorized use or disclosure,
and (v) what corrective action Grantee has taken or shall take to prevent future similar unauthorized use or
disclosure. Grantee shall provide such other information, including a written report, as DEO's Information
Security Manager requests.
In the event of a breach of security concerning confidential personal information involved with this Agreement,
Grantee shall comply with s. 501.171, F.S., as applicable. When notification to affected persons is required by
statute, Grantee shall provide that notification, but only after receipt of DEO's written approval of the contents
of the notice. Defined statutorily, and for purposes of this Agreement, "breach of security" or "breach" means
the unauthorized access of data in electronic form containing personal data. Good faith acquisition of personal
information by an employee or agent of Grantee is not a breach, provided the information is not used for a
purpose unrelated to Grantee's obligations under this Agreement or is not subject to further unauthorized use.
N. PATENTS, COPYRIGHTS, AND ROYALTIES
1. All legal title and every right, interest, claim or demand of any kind, in and to any patent, trademark
or copyright, or application for the same, or any other intellectual property right to, the work developed or
produced under or in connection with this Agreement, is the exclusive property of DEO to be granted to and
vested in the Florida Department of State for the use and benefit of the state; and no person, firm or corporation
shall be entitled to use the same without the written consent of the Florida Department of State. Any
contribution by Grantee or its employees, agents or contractors to the creation of such works shall be
considered works made for hire by Grantee for DEO and, upon creation, shall be owned exclusively by DEO.
To the extent that any such works may not be considered works made for hire for DEO under applicable law,
Grantee agrees, upon creation of such works, to automatically assign to DEO ownership, including copyright
interests and any other intellectual property rights therein, without the necessity of any further consideration.
2. If any discovery or invention arises or is developed in the course or as a result of work or services
performed with funds from this Agreement, Grantee shall refer the discovery or invention to DEO who will
refer it to the Department of State to determine whether patent protection will be sought in the name of the
State of Florida.
3. Where activities supported by this Agreement produce original writings, sound recordings, pictorial
reproductions, drawings, or other graphic representations and works of any similar nature DEO has the right
to use, duplicate, and disclose such materials in whole or in part, in any manner, for any purpose whatsoever
and to allow others acting on behalf of DEO to do so. Grantee shall give DEO written notice when any books,
manuals, films, websites, web 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.
O. INFORMATION TECHNOLOGY RESOURCE
Grantee shall obtain prior written approval from the appropriate DEO authority before purchasing any
Information Technology Resource (ITR) or conducting any activity that will impact DEO's electronic
information technology equipment or software, in any way. ITR includes computer hardware, software,
networks, devices, connections, applications, and data. Grantee shall contact the DEO Agreement Manager
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listed herein in writing for the contact information of the appropriate DEO authority for any such ITR purchase
approval.
P. NONEXPENDABLE PROPERTY
1. For the requirements of this Nonexpendable Property section of the Agreement, "nonexpendable
property" is the same as "property" as defined in s. 273.02, F.S., (equipment, fixtures, and other tangible
personal property of a nonconsumable and nonexpendable nature).
2. All nonexpendable property, purchased under this Agreement, shall be listed on the property records
of Grantee. Grantee shall inventory annually and maintain accounting records for all nonexpendable property
purchased and submit an inventory report to DEO with the final expenditure report. The records shall include,
at a minimum, the following information: property tag identification number, description of the item(s),
physical location, name, make or manufacturer, year, and/or model, manufacturer's serial number(s), date of
acquisition, and the current condition of the item.
3. At no time shall Grantee dispose of nonexpendable property purchased under this Agreement
without the written permission of and in accordance with instructions from DEO.
4. Immediately upon discovery, Grantee shall notify DEO, in writing, of any property loss with the
date and reason(s) for the loss.
5. Grantee shall be responsible for the correct use of all nonexpendable property Grantee purchases or
DEO furnishes under this Agreement.
6. A formal Agreement amendment is required prior to the purchase of any item of nonexpendable
property not specifically listed in Attachment 1: Scope of Work.
7. Upon the Expiration Date of this Agreement, Grantee is authorized to retain ownership of any
nonexpendable property purchased under this Agreement; however, Grantee hereby grants to DEO a right of
first refusal in all such property prior to disposition of any such property during its depreciable life, in
accordance with the depreciation schedule in use by Grantee. Grantee shall provide written notice of any such
planned disposition and await DEO's response prior to disposing of the property. "Disposition" as used herein,
shall include, but is not limited to, Grantee no longer using the nonexpendable property for the uses authorized
herein; the sale, exchange, transfer, trade-in, or disposal of any such nonexpendable property. DEO, in its sole
discretion, may require Grantee to refund to DEO the fair market value of the nonexpendable property at the
time of disposition rather than taking possession of the nonexpendable property.
Q. REQUIREMENTS APPLICABLE TO THE PURCHASE OF OR IMPROVEMENTS TO
REAL PROPERTY
In accordance with s. 287.05805, F.S., if funding provided under this Agreement is used for the purchase of or
improvements to real property, Grantee shall grant DEO a security interest in the property in the amount of
the funding provided by this Agreement for the purchase of or improvements to the real property for five years
from the date of purchase or the completion of the improvements or as further required by law.
Upon the Expiration Date of the Agreement, Grantee shall be authorized to retain ownership of the
improvements to real property set forth in this Agreement in accordance with the following: Grantee is
authorized to retain ownership of the improvements to real property so long as: (1) Grantee is not sold, merged
or acquired; (2) the real property subject to the improvements is owned by Grantee; and (3) the real property
subject to the improvements is used for the purposes provided in this Agreement. If within five years of the
termination of this Agreement, Grantee is unable to satisfy the requirements stated in the immediately preceding
sentence, Grantee shall notify DEO in writing of the circumstances that will result in the deficiency upon
learning of it, but no later than 30 calendar days prior to the deficiency occurring. In such event, DEO shall
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have the right, within its sole discretion, to demand reimbursement of part or all of the funding provided to
Grantee under this Agreement.
R. CONSTRUCTION AND INTERPRETATION
The title, section, and paragraph headings in this Agreement are for convenience of reference only and shall
not govern or affect the interpretation of any of the terms or provisions of this Agreement. The term "this
Agreement" means this Agreement together with all attachments and exhibits hereto, as the same may from
time to time be amended, modified, supplemented, or restated in accordance with the terms hereof. The use in
this Agreement of the term "including" and other words of similar import mean "including, without limitation"
and where specific language is used to clarify by example a general statement contained herein, such specific
language shall not be deemed to modify, limit, or restrict in any manner the construction of the general
statement to which it relates. The word "or" is not exclusive and the words "herein," "hereof," "hereunder,"
and other words of similar import refer to this Agreement, including any Exhibits and Attachments, and not
to any particular section, subsection, paragraph, subparagraph, or clause contained in this Agreement. As
appropriate, the use herein of terms importing the singular shall also include the plural, and vice versa. The
reference to an agreement, instrument, or other document means such agreement, instrument, or other
document as amended, supplemented, and modified from time to time to the extent permitted by the provisions
thereof and the reference to a statute means such statute as amended from time to time and includes any
successor legislation thereto and any regulations promulgated thereunder. All references to "$" shall mean
United States dollars. The term "Grantee" includes any person or entity which has been duly authorized to and
has the actual authority to act or perform on Grantee's behalf. The term "DEO" includes the State of Florida
and any successor office, department, or agency of DEO, and any person or entity which has been duly
authorized to and has the actual authority to act or perform on DEO's behalf. The recitals of this Agreement
are incorporated herein by reference and shall apply to the terms and provisions of this Agreement and the
Parties. Time is of the essence with respect to the performance of all obligations under this Agreement. The
Parties have participated jointly in the negotiation and drafting of this Agreement, and each Party has read and
understands this Agreement. In the event an ambiguity or question of intent or interpretation arises, this
Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall
arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
S. CONFLICT OF INTEREST
This Agreement is subject to chapter 112, F.S. Grantee shall disclose the name of any officer, director,
employee, or other agent who is also an employee of the State. Grantee shall also disclose the name of any State
employee who owns, directly or indirectly, more than a 5% interest in Grantee or its affiliates.
T. GRANTEE AS INDEPENDENT CONTRACTOR
Grantee is at all times acting and performing as an independent contractor. DEO has no ability to exercise any
control or direction over the methods by which Grantee may perform its work and functions, except as
provided herein. Nothing in this Agreement may be understood to constitute a partnership or joint venture
between the Parties.
U. EMPLOYMENT ELIGIBILITY VERIFICATION — E -VERIFY
1. Section 448.095, F.S., the State of Florida requires the following.
a. Every public employer, contractor, and subcontractor shall register with and use the E -Verify
system to verify the work authorization status of all newly hired employees. A public employer,
contractor, or subcontractor may not enter into a contract unless each party to the contract
registers with and uses the E -Verify system.
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b. A private employer shall, after making an offer of employment which has been accepted by a
person, verify such person's employment eligibility. A private employer is not required to
verify the employment eligibility of a continuing employee hired before January 1, 2021.
However, if a person is a contract employee retained by a private employer, the private
employer must verify the employee's employment eligibility upon the renewal or extension of
his or her contract.
2. E -Verify is an Internet -based system that allows an employer, using information reported on an
employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new
employees hired to work in the United States. There is no charge to employers to use E -Verify. The
Department of Homeland Security's E -Verify system can be found at: https://www.e-verify.gov/.
3. If Grantee does not use E -Verify, Grantee shall enroll in the E -Verify system prior to hiring any new
employee or retaining any contract employee after the effective date of this Agreement.
V. NOTIFICATION OF INSTANCES OF FRAUD
Upon discovery, Grantee shall report all known or suspected instances of Grantee, or Grantee's agents,
contractors or employees, operational fraud or criminal activities to DEO's Agreement Manager in writing
within 24 chronological hours.
W. NON-DISCRIMINATION
Grantee shall not discriminate unlawfully against any individual employed in the performance of this Agreement
because of race, religion, color, sex, physical handicap unrelated to such person's ability to engage in this work,
national origin, ancestry, or age. Grantee shall provide a harassment -free workplace, with any allegation of
harassment to be given priority attention and action.
X. ASSIGNMENTS
Grantee shall not assign, subcontract, or otherwise transfer its rights, duties, or obligations under this
Agreement, by operation of law or otherwise, without the prior written consent of DEO, which consent may
be withheld in DEO's sole and absolute discretion. DEO is at all times entitled to assign or transfer its rights,
duties, or obligations under this Agreement to another governmental entity in the State of Florida. Any
attempted assignment of this Agreement or any of the rights hereunder by Grantee in violation of this
provision shall be void ab initio.
Y. ENTIRE AGREEMENT; SEVERABILITY
This Agreement, and the attachments and exhibits hereto, embodies the entire agreement of the Parties with
respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those
contained in this Agreement; and this Agreement supersedes all previous communications, representations, or
agreements, either verbal or written, between the Parties. If a court of competent jurisdiction voids or holds
unenforceable any provision of this Agreement, then that provision shall be enforced only to the extent that it
is not in violation of law or is not otherwise unenforceable, and all other provisions shall remain in full force
and effect. This Agreement may be executed in counterparts, each of which shall be an original and all of which
shall constitute one and the same instrument. If any inconsistencies or conflict between the language of this
Agreement and its Attachments arise, then the language of the attachments shall control, but only to the extent
of the conflict or inconsistency.
Z. WAIVER; GOVERNING LAW; ATTORNEYS' FEES, DISPUTE RESOLUTION
1. Waiver. No waiver by DEO of any of provision herein shall be effective unless explicitly set forth
in writing and signed by DEO. No waiver by DEO may be construed as a waiver of any failure, breach, or
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default not expressly identified by such written waiver, whether of a similar or different character, and whether
occurring before or after that waiver. No failure by DEO to exercise, or delay in exercising, any right, remedy,
power or privilege under this Agreement may be construed as a waiver thereof; nor shall any single or partial
exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or
the exercise of any other right, remedy, power or privilege. The rights and remedies set forth herein are
cumulative and not exclusive.
2. Governing Law. The laws of the State of Florida shall govern the construction, enforcement, and
interpretation of this Agreement, regardless of and without reference to whether any applicable conflicts of
laws principles may point to the application of the laws of another jurisdiction. The Parties expressly consent
to exclusive jurisdiction and venue in any state court located in Leon County, Florida, and waive any defense
of forum non conveniens, lack of personal jurisdiction, or like defense. IN ANY LEGAL OR EQUITABLE
ACTION BETWEEN THE PARTIES, THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY
TO THE FULLEST EXTENT PERMITTED BY LAW.
3. Attorneys' Fees, Expenses. Except as set forth otherwise herein, each of the Parties shall pay its
own attorneys' fees and costs in connection with the execution and delivery of this Agreement and the
transactions contemplated hereby.
4. Dispute Resolution. DEO shall decide disputes concerning the performance of the Agreement,
and DEO shall serve written notice of same to Grantee. DEO's decision shall be final and conclusive unless
within 21 calendar days from the date of receipt, Grantee files with DEO a petition for administrative hearing.
DEO's final order on the petition shall be final, subject to any right of Grantee to judicial review pursuant to
chapter 120.68, F.S. Exhaustion of administrative remedies is an absolute condition precedent to Grantee's
ability to pursue any other form of dispute resolution; provided however, that the Parties may employ the
alternative dispute resolution procedures outlined in chapter 120, F.S.
AA. INDEMNIFICATION
If Grantee is a state agency or subdivision, as defined in s. 768.28(2), F.S., pursuant to s. 768.28(19), F.S., neither
Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence.
1. Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and
shall fully indemnify, defend, and hold harmless the State and DEO, and their officers, agents, and employees,
from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from
or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or
in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall
not indemnify, defend, and hold harmless the State and DEO, and their officers, agents, and employees for
that portion of any loss or damages the negligent act or omission of DEO or the State proximately caused.
2. 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.
3. 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)
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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.
4. 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.
BB. CONTACT INFORMATION FOR GRANTEE AND DEO CONTACTS
Grantee's Payee:
Grantee's Agreement Manager:
City of Opa-Locka
Yesly Guillen
780 Fisherman Street, 4th Floor
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
Opa-Locka, FL 33054
Phone: (305) 953-2868
Phone: (305) 953-2868, Ext. 1310
Email: jpate@opalockafl.gov
Email: yguillen@opalockafl.gov
DEO's Agreement Manager:
Kechia Dean
107 East Madison Street, MSC B47
Tallahassee, FL 32399
Telephone: (850) 245-7488
Fax: (850) 245-7470
Email: kechia.dean@deo.myflorida.com
CC. NOTICES
The Parties' respective contact information is set forth in the immediately preceding paragraph and may be
subject to change at the Parties' discretion. If the contact information changes, the Party making such change
will notify the other Party in writing. Where the term "written notice" is used to specify a notice requirement
herein, said notice shall be deemed to have been given (i) when personally delivered; (ii) when transmitted via
email, if the sender on the same day sends a confirming copy of such notice by certified or registered mail; (iii)
the next business day following the day on which the same has been delivered prepaid to a recognized overnight
delivery service; or (iv) the third business day following the day on which the same is sent by certified or
registered mail, postage prepaid, with return receipt.
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IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in all
attachments hereto, the Parties, through their duly -authorized representatives, sign this Agreement and
represent and warrant that they understand the Agreement and Attachments' terms and conditions as of the
Effective Date.
DEPARTMENT OF ECONOMIC CITY OF OPA-LOCKA, FLORIDA
OPPORTUNITY
By By
Signature Signature
Title
William S. Currie, Jr. John Pate
Chief Financial Officer Title City Manager
Date Date
Approved as to form and legal sufficiency, subject only
to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
By:
Approved Date:
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ATTACHMENT 1
SCOPE OF WORK
1. PROJECT DESCRIPTION: For State Fiscal Year 2021-2022, the Florida Legislature appropriated One
Hundred Thousand Dollars and Zero Cents ($100,000.00) in Specific Appropriation line item 2230A from the
General Revenue Fund of the General Appropriations Act to the City of Opa-Locka, Florida ("Grantee") to
install 8 -foot wrought iron fences at Ingram, Sherbondy Village, Helen Miller, Segal and Kaboom Parks (the
"Project") to add beautification and security for residents of the City of Opa-Locka, Florida. Adding the
improvements will make park facilities safer and ensure that current equipment is not vandalized.
2. GRANTEE RESPONSIBILITIES: Grantee shall:
2.1 Install 8 -foot wrought iron fences with additional installations to include:
a. rails to the posts
b. attached pickets to the rails
c. installation of gates
2.2 Ensure contractor's agreement contains general terms and conditions to include Project administration,
Project management and Project oversight. Grantee shall ensure that contractor's agreement hereunder is
managed in accordance with its terms and conditions.
2.3 Submit to DEO's Agreement Manager copies of all permits, insurance policies, bonds and surveys, if
applicable.
2.4 In performing under this Agreement, Grantee shall comply with all applicable federal, state and local
statutes, rules and regulations, including any other applicable standards and specifications.
2.5 Project Match: Provide a minimum of One Hundred Thousand Dollars and Zero Cents ($100,000.00) in
local matching funds for the Project, by the end of the Agreement Period. Grantee shall provide a letter and
supporting documentation to DEO's Agreement Manager which demonstrates that the Grantee met its
match requirements, including, but not necessarily limited to: the source of the contribution; the amount of
each contribution and provide a summary of all match contributions. DEO reserves the right to request any
additional documentation DEO deems necessary to support the Grantee's claim that it has met the match
requirement. DEO shall retain five percent (5%) of the total grant award as a financial consequence if
Grantee fails to provide proof of match funds.
3. DEO'S RESPONSIBILITIES: DEO shall:
3.1 Perform contract management responsibilities pursuant to this agreement; and
3.2 Monitor the ongoing activities and progress of Grantee, as DEO deems necessary, at DEO's
sole and absolute discretion, to verify all activities are being performed in accordance with this
agreement.
4. DELIVERABLES:
Grantee agrees to provide the following services as specified:
Deliverable No. 1— Installation of Fences
Tasks
Minimum Level of
Service
Financial Consequences
Grantee shall install fences in accordance with
Section 2 of this Scope of Work.
Grantee may request
reimbursement upon
completion of installation
Failure to complete the
Minimum Level of Service shall
result in non-payment.
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of the fences as defined in
Section 2 of this Scope of
Work, evidenced by the
following:
1) Completed AIA forms
G702 and G703 or their
substantive equivalents,
signed by a licensed
professional certifying to
the Project completion, if
applicable.
2) Before and after
photographs of Project.
3) Invoice package in
accordance with Section 6
of this Scope of Work.
Deliverable No. 1 Cost Not to Exceed: $100,000.00
5. REPORTING:
5.1 Quarterly: Grantee shall provide a quarterly report listing all progress relating to the Deliverables in
Section 4. Quarterly reports are due to DEO within 30 calendar days after the end of each quarter, until
submission of the final invoice package. The ending dates for each quarter of the program year are September
30, December 31, March 31, and June 30. The quarterly report shall include a summary of Project progress,
indicating percentage of completion of each Deliverable, and all additional reports which are required pursuant
to this Agreement, including but not limited to, reports documenting the positive return on investment to the
State that results from Grantee's Project and its use of Award Funds. The summary shall also include any issues
or events occurring which affect the ability of the Grantee to meet the terms of this Agreement. If all required
reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO,
payments may be withheld until the reports are properly completed or otherwise allowable by law.
5.2 Minority and Service -Disabled Veteran Business Enterprise Report: Grantee shall provide a Minority
and Service -Disabled Veteran Business Enterprise Report with each invoice summarizing the participation of
certified and non -certified minority and service -disabled veteran subcontractors and material suppliers for that
period and the Project to date. Grantee shall include the names, addresses, and dollar amount of each certified
and non -certified Minority Business Enterprise and Service -Disabled Veteran Enterprise participant. DEO's
Minority Coordinator can be reached at (850) 245-7471 to answer concerns and questions.
5.3 Close-out Report: No later than 60 calendar days after the Agreement ends or is terminated, Grantee
shall provide copies of all paid invoices to document completed work.
6. INVOICE SUBMITTAL AND PAYMENT SCHEDULE: DEO shall pay Grantee in accordance
with the following schedule in the amount identified per deliverable in Section 4 above. The deliverable amount
specified does not establish the value of the deliverable. In accordance with the requirements of s. 215.971(1),
F.S., and the AUDIT REQUIREMENTS AND COMPLIANCE section of this Agreement, Grantee and
its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations
incurred during the Agreement Period.
6.1 Grantee shall provide one invoice per quarter for all services rendered during the applicable period.
Grantee shall submit invoices as set forth below to be eligible to receive and retain payment for the performance
of duties and completion of deliverables set forth above. Grantee shall submit all documentation necessary to
support Grantee's expenditures. DEO may request any information from Grantee that DEO deems necessary
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to verify that Grantee has performed the services for which payment is requested. Grantee's submission of
each invoice package is Grantee's certification that it has performed the services and incurred the costs in
compliance with all applicable laws and the terms of this Agreement. Grantee will provide invoices in
accordance with the requirements of the Reference Guide for State Expenditures available at:
https: / /www.myfloridacfo.com /Division /AA/Manuals /documents/ReferenceGuideforStateExpenditures.p
df. Invoices must be legible and must clearly reflect the performance for which payment is sought. Payment
does not become due under this Agreement until DEO accepts and approves the invoiced deliverable(s) and
any required report(s). At DEO's option, Grantee may submit invoices electronically. Grantee shall submit its
final invoice for payment to DEO no later than 60 days after this Agreement ends and DEO may, at DEO's
sole and absolute discretion, refuse to honor any requests for payment submitted after this deadline.
6.2 Invoices must contain Grantee's name, address, federal employer identification number or other
applicable Grantee identification number, the Agreement number, the invoice number, and the invoice period.
Grantee shall submit the following documents with the itemized invoice:
6.2.1 A cover letter signed by Grantee's Agreement Manager certifying that the costs being claimed in the
invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are
for one or more of the components as stated in Section 4, Deliverables, of this Scope of Work; (3) have been
paid; and (4) were incurred during the Agreement Period;
6.2.2 Grantee's invoices shall include the date, period in which work was performed, amount of
reimbursement, and work completed to date;
6.2.3 A certification by a licensed engineer using AIA forms G702 and G703, or their substantive
equivalents, certifying that the Project, or a quantifiable portion of the Project, is complete;
6.2.4 Before and after photographs of the completed work;
6.2.5 A copy of all supporting documentation for vendor payments; and
6.2.6 A copy of the cancelled check(s) and/or bank statements specific to the Project.
6.3 The State may require any other information from Grantee that the State deems necessary to verify
that the services have been rendered under the Agreement.
6.4 All documentation necessary to support payment requests must be submitted with Grantee's
invoice for DEO's review.
7. RETURN ON INVESTMENT: Grantee is required to provide, on or before October 31, 2021, an
initial report identifying actual returns on investment by fiscal year for state funding previously received (if
applicable), as well as projected positive returns the state will receive by providing Grantee funding through
this Agreement.
7.1 Beginning at the end of the first full quarter following execution of this Agreement, Grantee shall
provide quarterly update reports directly to DEO's Agreement Manager documenting the positive return on
investment to the state that results from the Grantee's Project and its use of monies provided under this
Agreement.
7.2 Quarterly update reports shall be provided to DEO's Agreement Manager within 30 calendar days
after the end of each quarter thereafter until Grantee is instructed that no further reports are needed.
8. FINANCIAL CONSEQUENCES FOR FAILURE TO TIMELY AND SATISFACTORILY
PERFORM: Failure to complete all deliverables in accordance with the requirements of this Agreement, and
most particularly the deliverables specified above in Section 4, Deliverables, will result in DEO's assessment of
the specified financial consequences. If appropriate, should the Parties agree to a corrective action plan, the
plan shall specify additional financial consequences to be applied after the effective date of the corrective action
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plan. This provision for financial consequences shall in no manner affect DEO's right to terminate the
Agreement as provided elsewhere in the Agreement.
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Attachment 2
AUDIT REQUIREMENTS
The administration of resources awarded by DEO to the recipient (herein otherwise referred to as "Grantee")
may be subject to audits and/or monitoring by DEO as described in this Attachment 2.
MONITORING. In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F -
Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring
procedures may include, but not be limited to, on -site visits by DEO staff, limited scope audits as defined by
2 CFR §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and
cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event the DEO
determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by DEO staff to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with anyinspections, reviews, investigations, or audits deemed necessary by
the Chief Financial Officer (CFO) or Auditor General.
AUDITS.
PART I: FEDERALLY FUNDED. This part is applicable if the recipient is a state or local government
or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70.
1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or
program -specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit
Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by this
agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider
all sources of federal awards, including federal resources received from DEO. The determination of
amounts of federal awards expended should be in accordance with the guidelines established in 2
CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with
the provisions of 2 CFR §200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements
relative to auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have
an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements.
If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an
audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements,
the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be
paid from recipient resources obtained from other than federal entities).
PART II: STATE FUNDED. This part is applicable if the recipient is a nonstate entity as defined by Section
215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess
of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter),
the recipient must have a state single or project -specific audit for such fiscal year in accordance with
section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550
(local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through DEO
by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient
shall consider all sources of state financial assistance, including state financial assistance received
from DEO, other state agencies, and other nonstate entities. State financial assistance does not
include federal direct or pass -through awards and resources received by a nonstate entity for federal
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program matching requirements.
2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit
complies with the requirements of section 215.97(8), F.S. This includes submission of a financial
reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental
entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years
ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section
215.97, F.S., is not required. If the recipient expends less than $750,000 in state financial assistance
in its fiscal year and elects to have an audit conducted in accordance with the provisions of section
215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of
such an audit must be paid from the recipient's resources obtained from other than state entities).
PART III: OTHER AUDIT REQUIREMENTS.
(NO l is This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely
a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with
other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or
arrange for audits of state financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida
Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.)
N/A
PART IV: REPORT SUBMISSION.
Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR
§200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as
provided in 2 CFR §200.36 and §200.512.
The FAC's website provides a data entry system and required forms for submitting the single audit
reporting package. Updates to the location of the FAC and data entry system may be found at the
OMB website.
2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on
behalf of the recipient directly to each of the following.
a. DEO at each of the following addresses:
Electronic copies (preferred):
Audit(ai deo. myflorida. com
or Paper (hard copy):
Department Economic Opportunity
MSC # 75, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
b. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room
401 111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (https://flauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
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3. Copies of reports or the management letter required by Part III of this form shall be submitted by
or on behalf of the recipient directly to:
Electronic copies (preferred):
Audit@deo.myflorida.com
com
or Paper (hard copy):
Department Economic Opportunity
MSC # 75, Caldwell Building
107 East Madison Street
Tallahassee, FL. 32399-4126
4. Any reports, management letters, or other information required to be submitted DEO pursuant to
this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S.,
and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to DEO for audits done in accordance with
2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the
date that the reporting package was delivered to the recipient in correspondence accompanying the
reporting package.
PART V: RECORD RETENTION. The recipient shall retain sufficient records demonstrating its
compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is
issued, or five (5) state fiscal years after all reporting requirements are satisfied and final payments have been
received, whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to
such records upon request. The recipient shall ensure that audit working papers are made available to DEO, or
its designee, CFO, or Auditor General upon request for a period of five (5) years from the date the audit report
is issued, unless extended in writing by DEO. In addition, if any litigation, claim, negotiation, audit, or other
action involving the records has been started prior to the expiration of the controlling period as identified
above, the records shall be retained until completion of the action and resolution of all issues which arise from
it, or until the end of the controlling period as identified above, whichever is longer.
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EXHIBIT 1 to Attachment 2
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project:
State Awarding Agency:
Catalog of State Financial Assistance Number:
Catalog of State Financial Assistance Title:
Total State Award Amount:
Opa-Locka Parks and Recreation
Florida Department of Economic Opportunity
40.038
Division of Housing and Community Development
$100,000.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
1. ACTIVITIES ARE LIMITED TO THOSE INATTACHMENT 1, SCOPE OF WORE OF
THE AGREEMENT:
NO .1E: List applicable compliance requirements
NOTE: 2 CFR § 200.331, as revised, and s. 215.97(5), F.S., require that the information about Federal
Programs and State Projects included in Exhibit 1 be provided to the recipient.
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Attachment 3
AUDIT COMPLIANCE CERTIFICATION
Grantee Name:
FEIN:
Grantee's Fiscal Year:
Contact Person Name and Phone Number:
Contact Person Email Address:
1. Did Grantee expend state financial assistance, during its fiscal year, that it received under any agreement (e.g.,
agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive award
agreement, etc.) between Grantee and the Department of Economic Opportunity (DEO)? Yes
No
If the above answer is yes, also answer the following before proceeding to item 2:
Did Grantee expend $750,000 or more of state financial assistance (from DEO and all other sources of state
financial assistance combined) during its fiscal year? Yes No
If yes, Grantee certifies that it will timely comply with all applicable state single or project -specific
audit requirements of s. 215.97, Florida Statutes, and the applicable rules of the Department of
Financial Services and the Auditor General.
2. Did Grantee expend federal awards, during its fiscal year that it received under any agreement (e.g., agreement,
grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.)
between Grantee and DEO? Yes No
If the above answer is yes, also answer the following before proceeding to execution of this certification:
Did Grantee expend $750,000 or more in federal awards (from DEO and all other sources of federal awards
combined) during its fiscal year? Yes No
If yes, Grantee certifies that it will timely comply with all applicable single or program -specific audit
requirements of 2 CFR Part 200, Subpart F, as revised.
By signing below, I certify, on behalf of Grantee, that the above representations for items 1 and 2 are
true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
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