HomeMy WebLinkAboutAgreement_General_9/11/2025_FDLE Award#: 3X167
CSFA: 71.092
Drone Replacement Program Financial Assistance Agreement
between
Florida Department of Law Enforcement
and
Tequesta Police Department
This agreement is entered into by and between the Florida Department of Law Enforcement(herein referred
to as-FDLE'or"Department")and the Recipient Agency named above.
WHEREAS, the Department has the authority pursuant to Florida law and does hereby agree
to provide state financial assistance to the Recipient upon the terms and conditions hereinafter
set forth, and
WHEREAS, The General Appropriations Act, 2023 Legislature, Section 123 provides
approximately $25,000,000 in nonrecurring funds to the Florida Department of Law
Enforcement for the Drone Replacement Program established in Chapter 2023-240, Laws of
Florida, and
WHEREAS, The General Appropriations Act, 2024 Legislature, Section 147, reverted and
appropriated the unexpended balance of funds for use in the 2024-2025 fiscal year, and
WHEREAS, Chapter No. 2024-228, Section 44, amended Drone Replacement Program
requirements, and
WHEREAS, The General Appropriations Act, 2025 Legislature, Section 132, reverted and
appropriated the unexpended balance of funds for use in the 2025-2026 fiscal year, and
WHEREAS, Chapter No_ 2025-199, Section 55, amended Drone Replacement Program
requirements, and
WHEREAS, Section 934.50, Florida Statutes establishes rules, regulations, and security
standards for the use of drones by governmental entities, and
WHEREAS, pursuant to Rule 60GG-2.0075, Florida Administrative Code, the Department of
Management Services (DMS) has published minimum security standards for drones used by
govemmental entities; and
WHEREAS, the Recipient seeks to receive funding to purchase a drone that meets required
minimum security standards.
NOW THEREFORE,in consideration of the foregoing,the parties hereto agree to this agreement as follows:
This agreement is subject to all applicable state financial assistance standard conditions provided in
Appendix B.
The State of Florida's performance and obligation to pay under this agreement is contingent upon an
appropriation by the Legislature, availability of funds, and subject to any modification in accordance with
Chapter 216, Florida Statutes or the Florida Constitution.
FDLE will administer and disburse funds under this agreement in accordance with sections 215.97,
215.971, 215.981 and 215.985, F.S. for state financial assistance. The Recipient shall perform all tasks,
activities, and provide deliverables,including reports,as specified in this agreement. FDLE's determination
of acceptable expenditures shall be conclusive.
The Recipient certifies with respect to this agreement that it possesses the legal authority to receive the
funds to be provided under this agreement and that, if applicable, its governing body has authorized, by
resolution or otherwise, the execution and acceptance of this agreement with all covenants and assurances
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CSFA: 71.092
contained herein. The Recipient also certifies that the undersigned possesses the authority to legally
execute and bind Recipient to the terms of this agreement.
Expenditures of state financial assistance shall be compliant with laws, rules and regulations applicable to
expenditures of State funds, including. but not limited to, the Reference Guide for State Expenditures
published by the Florida Department of Financial Services.
OVERVIEW AND FUNDING
Project Title: FY2025-26 Drone Replacement program
Project Start Date: 07,`0112025 Project End Date: 0613012026
Program Activities and Scope of Work
The Florida:Legislature amended Section 934.50, Florida Statutes during the 2022 session. By July 1,2022
governmental agencies using any drone not produced by an approved manufacturer must implement a plan
to discontinue the use of the such drone by January 1, 2023. This grant provides funding for the Recipient
to purchase drones that meet the compliance requirements outlined in Rule 60GG-2.0075, Florida
Administrative Code.
The Recipient must prepare a Drone Funding Request Form (Appendix A) to receive funding under the
revised program guidelines in Chapter 2025-199, Section 55, Laws of Florida. This form includes
information about the recipient agency and how many drones they anticipate purchasing. The Department
will review the request and allocate funding based on the information provided. The Recipient will be
awarded funds, not to exceed $25,000 per compliant drone. approved by the Department on the Drone
Funding Request Form(Appendix A).
DELIVERABLES
As stated in the scope and responsibilities above, the Recipient shall purchase new drones that are
compliant with Rule 6OGG-2.0075, Florida Administrative Code.
DISTRIBUTION AND PAYMENTS
This award is a cost-reimbursement agreement with the ability to request a cash advance. The Recipient
will be awarded funds, not to exceed $25,000 for each compliant drone approved to purchase under this
award.
Any funds paid in excess of the amount to which the participating agency is entitled under the terms and
conditions of the agreement must be refunded to FDLE. Factual misrepresentations of drone purchases or
other certifications will result in the loss of funding.
Funds under this agreement will be disbursed when all the following criteria are met:
• Executed agreement is signed by the Chief Official and provided to OCJGSFAC�fdle.state.fl.us,
• The Drone Funding Request Form (Appendix A) is prepared and signed by the Chief Official and
provided to OCJGSFAfd�fd'?e.sta:e.fl.us; and
• Criteria is met for Option 1 (Reimbursement) or Option 2 (Cash Advance):
Option 1 = Reimbursement: The Recipient may use its own funds to purchase the compliant
drone and provide documentation related to the purchase including: purchase order, invoice,
and proof of payment (cancelled check, banklcard statement, etc.),
Option 2 = Cash Advance: The Recipient may request a cash advance to receive program
funds and subsequently purchase the compliant drone. In order to qualify for this method of
payment, the Recipient must provide a valid, executed purchase order and must be ready to
order the compliant drone immediately upon the receipt of advanced funds.The Recipient must
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CSFA: 71.092
provide documentation of purchase(invoice)and proof of payment(cancelled check, bankicard
statement, etc.) within 45 days of receiving the advanced funds. Failure to provide
documentation within 45 days will result in the Recipient being required to submit a refund to
FDLE.
FDLE GRANT MANAGEMENT CONTACTS
The following individuals can assist with any program related questions or concerns-
FDLE Grant Manager FDLE Alternate Contact
Name: Patricia Stark Name:Tennille Robinette
Title: Government Analyst Il Title: Research & Planning Administrator
Phone: 85M17-1252 Phone: 850-617-1268
Email: PatriciaStarka@fdle.state.fl,us Email: Tenn ille Rob inette(d.fd le.state.fl.us
If you are unable to reach either member above directly, please call the Bureau of Criminal Justice Grants
main line at 850-617-1250 or email OCJGSFA(&fd le.state.fl.us.
RECIPIENT CONTACTS
For assistance with any contract or financial questions, the Florida Department of Law Enforcement can
contact:
Contract/Gran_t Manager: Chief Official
(please print) (please print)
Name: Emir Yildiz Name: Gus Medina
Title. Sergeant Title: Police Chief
Phone, 561 7680534 Phone7 561 768 0515
Email. eyildiz@tequesta_org Email gmedina@tequesta.org
Financial Contact: Alternate Point-of-Contact
(please print) (please print)
Name: Jeffrey Snyder Name: James McGrew
Title: Finance Director Title: Assistant Chief
Phone: 561 7680424 Phone: 561 7680522
Email: jsnyder@tequesta.org Email: jmcgrew@tequesta_org
Recipient's Vendor ID (FEIDIEIN): 59-6044081
Please provide the Remittance/Payment Address where a check should be mailed if the
Recipient is not set up for EFTs from the State of Florida;
Entity Name: Village of Tequesta-Finance Dept
Address 1: 345 Tequesta Drive
Address 2:
City, State,Zip: Tequesta, FL 33469
Award#: 3XI67
C S FA: 71 092
SIGNATURES
In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this
agreement, have read and understand the agreement in its entirety and have executed this agreement by
their duly authorized officers on the date. month and year set out below.
Modifications to this page, including strikeovers, whiteout,etc. are not permitted.
Florida Department of Law Enforcement
Bureau of Criminal Justice Grants
Signature 1 ,j Date:
Printed Name and Title: Cody Menacof. Bureau Chief
Recipient
Tequesta Police Department
The award is not valid until signed and dated by all required parties including either the Chief Official
or Designee below.Any Designee signatures ust be accompanied by documentation granting the
authority to execute this agreement.
ecipient Chief Official
Signature _ Date 77/2CLa-s—"
Printed Name and Title Gus Medina, Police Chief
If using a designee,sign the Chief Official Designee section below"'
Recipient Chief Official Designee Q,
Sig nature: __ ._ _ Date:
Printed Name and Title'
--- Molly Young, Mayor
Additional Recipient Signatures (optional)
If your local process requires additional signatures (i.e., legal, clerk, etc.) use the spaces below.
Signature 1� ffl Dat qA.'Pla r
Printed Name and Title: Lori McWilliams, Village Clerk
Signature. Date:
Printed Name and Title.
Award#: 3X167
CSFA:71.092
Appendix A-Drone Funding Request Form
Recipient:Tequesta Police Department County: Palm Beach
1. Recipient Type(select all that apply):
V New Recipient(no funds received under this program)
Located in a fiscally constrained county
None of the above
2. How many drone pilots do you currently have on staff? 1
3. How many additional pilots are you seeking to train/certify? 2
4. How many compliant drones do you currently have in your fleet? 0
5. How many additional drones are you seeking with these funds? 2
Based on your request, you are seeking an award amount of $5Q,040-00
(may relmtrurserrc-rt of 525,COO Fer droge)
Provide any additional information we should consider when reviewing this request_
Tequesta Police Department currently does not have compliant drones. We are seeking two
drones to replace a non compliant drone to resume drone operations for criminal apprehension
and search and rescue for missing persons. We would also like to expand the drone fleet to two
drones for both shift rotations to have drone capability.
By signing below, I am submitting the request to receive funding in accordance with the revised Drone
Replacement Program guidelines cited above.
Signature: �} ��--� Date: ^%fiAll
�����..
NameMtle: Sergeant Emir Yildiz
**** FDLE BUREAU OF CRIMINAL JUSTICE GRANTS ONLY ****
The Recipient may purchase-2—drones and receive reimbursement of up to$25,000 each, not to
exceed the award amount Of:
Auth nz O +cial Date
Award#:
CSFA: 71.C92
Appendix B—FY2025-26 State Financial Assistance Standard Conditions
The following terms and conditions will be binding upon approval of the grant award and execution of the
contract by both the Recipient and the Florida Department of Law Enforcement, The Recipient will maintain
required registrations and certifications for eligibility under this program.
The Department and the Recipient agree that they do not contemplate the development, transfer or receipt
of intellectual property as a part of this agreement.
SECTION 1: PROJECT IMPLEMENTATION
Legal Authority:The Recipient certifies with respect to this agreement that it possesses the legal authority
to receive the funds to be provided under this agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this agreement with all covenants
and assurances contained herein.The Recipient also certifies that the undersigned possesses the authority
to legally execute and bind Recipient to the terms of this agreement.
Not Operational within 60 and 90 Days: If a project is not operational within 60 days of the original
start date of the award period, the Recipient must report by letter to the Department the steps taken to
initiate the project, the reasons for delay, and the expected start date. If a project is not operational within
90 days of the original start date of the award period, the Recipient must submit a second statement to
the Department explaining the implementation delay. Upon receipt of the 90-day letter, the Department
shall determine if the reason for delay is justified or shall, at its discretion, require additional project
documentation and justifications throughout the award period. The Department will also require the
Recipient provide a revised project timeline that includes all anticipated project activities, tasks, and
estimated completion dates)
SECTION II: PAYMENTS
Obligation to Pay: The State of Florida's obligation to pay under this agreement is contingent upon an
appropriation by the Legislature.
Overpayments: Any funds paid in excess of the amount to which the Recipient is entitled under the terms
and conditions of the agreement must be refunded to the Department. Any balance of unobligated cash
that has been paid and has not been authorized to be retained for direct program costs in a subsequent
period must be refunded to the Department.
Advance Funding (Drone Program Only): Advance funding may be provided to a Recipient upon
completion and submission of the following to the assigned FDLE Grant Manager: (1) a completed
"Compliant Drone Cash Advance Request- form, (2) a valid, executed Purchase Order, and (3) vendor
quote(s) for the compliant drone. The request form must be signed by the Chief Official. Advanced funds
must be spent on drone purchase within 30 days of receipt. In order to reconcile the Cash Advance, the
Recipient must provide the invoice and proof of payment for the compliant drone to the assigned FDLE
Grant Manager within 45 days of the receipt of the advanced funding. Should extenuating circumstances
arise which prevent the expenditure of advance funds within 30 days of receipt, or the provision of required
documentation to reconcile the funds,a written request to retain the funds must be provided by the Recipient
and approved by the Department. Failure to provide documentation will result in a refund of any advanced
funding.
SECTION III: PROJECT AND GRANT MANAGEMENT
Personnel Changes: The Recipient must notify the FDLE grant manager of any change in the Chief
Officials or Project Director or any change in contact information, including mailing address, phone number,
email, or title change.
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Obligation of Grant Funds: Grant funds shall not under any circumstances be obligated prior to the
effective date, or subsequent to the termination date, of the period of performance. Only project costs
incurred on or after the effective date, and on or prior to the termination date of the Recipient's project are
eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the grant
period of performance.
Financial Management: The Recipient must have a financial management system able to record and
report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system must be
able to separately track receipts, expenditures, assets, and liabilities for awards, programs, and
subrecipients. The Recipient shall maintain books, records, and documents (including electronic storage
media) in accordance with generally accepted accounting procedures and practices. Recipient must have
written procedures for procurement transactions.
Travel: Cost for travel shall be reimbursed at the Recipient's travel rate, but the maximum reimbursement
for each type of travel cost shall not exceed rates established in State of Florida Travel Guidelines,
§112.061, F.S.
Subcontracts: Recipient agrees that all employees, subcontractors, or agents performing work under the
agreement shall be properly trained individuals who meet or exceed any specified training qualifications.
Recipient agrees to be responsible for all work performance and all expenses incurred in fulfilling the
obligations of this agreement, and will not assign the responsibility for this agreement to another party. If
the Recipient subcontracts any or all of the work required under this agreement,the Recipient must provide
a completed DFS-A2-NS (Recipient-Subrecipient vs. Vendor Determination) form and a copy of the
executed subcontract within thirty (30) days after execution of the subcontract. The Recipient agrees to
include in the subcontract that(i) the subcontractor is bound by all applicable state and federal laws and
regulations, and (ii)the subcontractor shall hold the Department and Recipient harmless against all claims
of whatever nature arising out of the subcontractor's performance of work under this agreement, to the
extent allowed and required by law.
Grant Adjustments: Recipients must submit a Request for Grant Adjustment to the FDLE grant manager
for substantive changes such as: scope modifications, changes to project activities, target populations,
service providers, implementation schedules, project director, designs or research plans set forth in the
approved agreement, and for any budget changes affecting a cost category that was not included in the
original budget. Recipients may transfer up to 10% of the total budget between current, approved budget
categories without prior approval,as long as the funds are transferred to an existing line item. Adjustments
are required when there will be a transfer of 10% or more of the total budget between budget categories.
Under no circumstances can transfers of funds increase the total award. Requests for changes to the grant
agreement must be signed by the Recipient or Implementing Agency's chief official or the chief official's
designee. All requests for changes must be submitted no later than thirty(30)days prior to grant expiration
date.
Property Management: The Recipient shall establish and administer a system to protect, preserve, use,
maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this
agreement.
SECTION IV: MANDATORY DISCLOSURES
Conflict of Interest: The Recipient will establish safeguards to prohibit employees from using their
positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain. Recipients must disclose in writing any potential conflict of interest to the
Department.
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Violations of Criminal Law: The Recipient must disclose all violations of state or federal criminal law
involving fraud, bribery or gratuity violations potentially affecting the grant award.
Convicted Vendors: The Recipient shall disclose to the Department if it, or any of its affiliates, as defined
in §287.133(1)(a) F.S., is on the convicted vendor list. A person or affiliate placed on the convicted vendor
list following a conviction for a public entity crime is prohibited from doing any activities listed in the
agreement for a period of thirty-six(36) months from the date of being placed on the convicted vendor list.
Vendors on Scrutinized Companies Lists: If this agreement is in the amount of $1 million or more,
Recipient certifies upon executing this agreement. that it is not listed on either the Scrutinized Companies
with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, created pursuant to §215.473, F.S., or engaged in business operations in Cuba or Syria. In the
event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition
identified herein, this provision shall, be nutl and void.
Discriminatory Vendors: The Recipient shall disclose to the Department if it or any of its affiliates, as
defined by §287.134(1)(a), F.S. appears on the discriminatory vendors list. An entity or affiliate placed on
the discriminatory vendor list pursuant to §287.134, F.S. may not a) submit a bid, proposal, or reply on a
contract or agreement to provide any goods or services to a public entity; b)submit a bid, proposal,or reply
on a contract or agreement with a public entity for the construction or repair of a public building or public
work: c) submit bids, proposals. or replies on leases of real property to a public entity: d) be awarded or
perform work as a contractor, subcontractor, Recipient, supplier, subrecipient, or consultant under a
contract or agreement with any public entity; or e)transact business with any public entity.
Reporting Potential Fraud,Waste, Abuse, and Similar Misconduct: The Recipient must promptly refer
to the Department of Law Enforcement, Bureau of Criminal Justice Grants any credible evidence that a
principal, employee. agent, contractor, subcontractor, or other person has either 1) submitted a claim for
grant funds that violates the False Claims Act;or 2)committed a criminal or civil violation of laws pertaining
to fraud,conflict of interest, bribery, gratuity, or similar misconduct involving grant funds.
Non-Disclosure Agreements: Restrictions and certifications regarding non- disclosure agreements
and related matters Recipients or contractsisubcontracts under this award may not require any employee
or contractor to sign an internal confidentiality agreement or statement that prohibits, restricts or purports
to prohibit or restrict, the reporting of waste, fraud or abuse in accordance with law, to an investigative or
law enforcement representative of a state or federal department or agency authorized to receive such
information. The Recipient certifies that if informed or notified of any subrecipient, or
contractor/subcontractor has been requiring their employees to execute agreements or statements that
prohibit the reporting of fraud, waste, or abuse that it will immediately cease all further obligations of award
funds to the entity and will immediately notify the Department. The Recipient will not resume obligations
until expressively authorized to do so from the Department.
SECTION V: COMPLIANCE WITH STATUTES, RULES, AND REGULATIONS
In performing its obligations under this agreement, the Recipient shall without exception be aware of and
comply with all State and Federal laws, rules and regulations relating to its performance under this
agreement as they may be enacted or amended from time-to-time, as wea as any court or administrative
order,judgment, settlement or compliance agreement involving the Department which by its nature affects
the services provided under this agreement. The following are examples of rules and regulations that
govern Recipient's performance under this agreement.
Lobbying Prohibited: The Recipient shall comply with the provisions of 11.062 and 216.347, F.S., which
prohibit the expenditure of funds for the purpose of lobbying the Legislature, judicial branch, or a State
agency. No funds or other resources received from the Department in connection with this agreement may
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be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
State of Florida E.O. 20.44: Public-Private Parrtnerships: Any entity named in statute with which the
agency must form a sole-source, public-private agreement: and any nongovernmental Recipient receiving
50% or more of their annual budget from any combination of state or federal funding must submit an annual
report to the Bureau of Criminal Justice Grants. The report must include the most recent IRS Form 990,
detailing the total compensation for the entities' executive leadership teams. Total compensation shall
include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred
compensation, real-property gifts, and any other payout. In addition, the Recipient must agree through
appropriate contract or grant agreement amendment to inform the agency of any changes in total executive
compensation between the annual reports. All compensation reports must indicate what percent of
compensation comes directly from the State or Federal allocations to the Recipient.
Civil Rights: The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336, 42 U.S.C. Section 12101 et seq.) and shall not discriminate against any employee (or applicant for
employment) in the performance of this agreement because of race, color. religion, sex, national origin,
disability. age, or marital status. These requirements shall apply to all contractors, subcontractors,
subgrantees or others with whom it arranges to provide services or benefits to clients or employees in
connection with its programs and activities.
E-Verify: The Department shall consider the employment by any contractor of unauthorized aliens a
violation of section 274(e) of the Immigration and Nationalization Act. Such violation shall be cause for
unilateral cancellation of this contract. Pursuant to F.S. 448.095, the Contracting Party and any
subcontractors are required to register with and use the E-Verify system operated by the U.S. Department
of Homeland Security beginning on January 1, 2021. The Contracting Party and any subcontractors are
prohibited from entering into contracts with one another unless all parties register and use the E-Verify
system. Subcontractors who enter into contracts with the Contracting Party are required to provide a
certification that the subcontractor does not employ or use unauthorized aliens as defined in the statute, a
copy of which the Contracting Party must maintain. The Contracting Party and any subcontractors are
required to terminate a contract if a party has a good faith belief that anott-.er party is in violation of F.S.
448.09(1), prohibiting the employment of unauthorized aliens. If a public employer has a good faith belief
that the subcontractor has violated these requirements, but that the Contracting Party has otherwise
complied, the public employer must notify the Contracting Party to terminate its contract with the
subcontractor. A party may challenge a contract termination in accordance with these requirements. A
penalized Contractor is prohibited from obtaining another contract with a public employer for at least one
year.
Background Check: Whenever a background screening for employment or a background security check
is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435 F.S.,
shall apply. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and continued
employment. For the purposes of the subsection, security background investigations shall include, but not
be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection,
statewide criminal and juvenile record checks through the Florida Department of Law Enforcement, and
federal criminal record checks through the Federal Bureau of Investigation, and may include local criminal
record checks through local law enforcement agencies.
Public Records: As required by 287.058(1)(c). F.S., the Recipient shall allow public access to all
documents, papers, letters, or other public records as defined in 119.011(12), F.S.as prescribed by
119.07(1) F.S., made or received by the Recipient in conjunction with this agreement,except public records
which are made confidential by law must be protected from disclosure. It is expressly understood that the
Recipient's failure to comply with this provision shall constitute an immediate breach of contract, for which
the Department may unilaterally terminate this agreement.
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Independent Contractor, Subcontracting and Assignments: In performing its obligations under this
agreement, the Recipient shall at all times be acting in the capacity of an independent contractor and not
as an officer, employee, or agent of the State of Florida. Neither the Recipient nor any of its agents,
employees, subcontractors or assignees shall represent to others that it is an agent of or has the authority
to bind the Department by virtue of this agreement, unless specifically authorized in writing to do so.
Timely Payment of Subcontractors: To the extent that a subcontract provides for payment after
Recipient's receipt of payment from the Department, the Recipient shall make payments to any
subcontractor within 7 working days after receipt of full or partial payments from the Department in
accordance with §287.0585, F.S., unless otherwise stated in the agreement between the Recipient and
subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged
against the Recipient and paid by the Recipient to the subcontractor in the amount of one-half of one percent
(.005)of the amount due per day from the expiration of the period allowed for payment. Such penalty shall
be in addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstanding
balance due.
Notice of Legal Actions: The Recipient shall notify the Department of potential or actual legal actions
taken against the Recipient related to services provided through this agreement or that may impact the
Recipient's ability to complete the deliverables outlined herein, or that may adversely impact the
Department. The Department's Grant Manager will be notified within 10 days of Recipient becoming aware
of such actions or potential actions or from the day of the legal filing, whichever comes first.
Property: In accordance with 287.05805, F.S., any State funds provided for the purchase of or
improvements to real property are contingent upon the Recipient granting to the State a security interest in
the property at least to the amount of the State funds provided for at least five (5) years from the date of
purchase or the completion of the improvements or as further required by law.
SECTION VI: RECORDS, AUDITS, AND INFORMATION SECURITY
Records Retention: Retention of all financial records, supporting documents, statistical records, and any
other documents (including electronic storage media) pertinent to this agreement shall be maintained by
the Recipient during the term of this agreement and retained for a period of five (5)years after completion
of the agreement or longer when required by law. In the event an audit is required under this agreement,
records shall be retained for a minimum period of five years after the audit report is issued or until resolution
of any audit findings or litigation based on the terms of this agreement, at no additional cost to the
Department. Upon demand, at no additional cost to the Department, the Recipient will facilitate the
duplication and transfer of any records or documents during the term of this agreement and the required
five(5) year retention period. No record may be withheld, nor may the Recipient attempt to limit the scope
of any of the foregoing inspections,review,copying,transfers or audits based on any claim that any record
is exempt from public inspection or is confidential, proprietary or trade secret in nature; provided, however,
that this provision does not limit any exemption to public inspection or copying to any such record. These
records shall be made available at all reasonable times for inspection, review, copying, or audit by State,
or other personnel duly authorized by the Department.
Records Inspection: Pursuant to Section 216.1366. F.S., in order to preserve the interest of the state in
the prudent expenditure of state funds, the Department shall be authorized to inspect the (a) Financial
records , papers, and documents of the Contractor that are directly related to the performance of the
Contract or the expenditure of state funds, and (b) Programmatic records, papers. and documents of the
Contractor which the Department determines are necessary to monitor the performance of the Contract or
to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers,
and documents requested by the Department within ten (10)business days after the request is made.
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Monitoring:The Recipient agrees to comply with the Department's grant monitoring guidelines, protocols,
and procedures; and to cooperate with the Department on all grant monitoring requests, including requests
related to desk reviews, enhanced programmatic desk reviews, site visits, and/or Florida Department of
Financial Services contract reviews and Expanded Audits of Payment (EAP). The Recipient agrees to
provide the Department all documentation necessary to complete monitoring of the award and verify
expenditures in accordance with 215.971, F.S. Further, the Recipient agrees to abide by reasonable
deadlines set by the Department for providing requested documents. Failure to cooperate with grant
monitoring activities may result in sanctions affecting the Recipient's award. including, but not limited to:
withholding and/or other restrictions on the Recipient's access to funds, and/or referral to the Office of the
Inspector General for audit review.
Florida Single Audit Act (FSAA): The Recipient shall comply and cooperate immediately with any
inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General
(§20.055, F.S.). In the event that the Recipient expends a total amount of state financial assistance equal
to or in excess of S750,000 in any fiscal year, the Recipient must have a single audit or project-specific
audit in accordance with §215.97, F.S. and the applicable rules of the Department of Financial Services
and the Auditor General. In determining the state financial assistance expended in its fiscal year, the
Recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department of Law Enforcement,other state agencies,and other non-state entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by a
non-state entity for Federal program matching requirements.The schedule of expenditures should disclose
the expenditures by contractlagreement number for each contract with the Department in effect during the
audit period. All questioned costs and liabilities due the Department shall be fully disclosed in the audit
report package with reference to the specific contract number. If the Recipient expends less than S750,000
in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of
215.97, F.S., is not required. In the event that 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
215,97, F.S., the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such
an audit must be paid from the Recipient's resources obtained from other than State entities). Pursuant to
215.97(8). F.S., state agencies may conduct or arrange for audits of state financial assistance that are in
addition to audits conducted in accordance with§215.97, F.S_ In such an event, the state awarding agency
must arrange for funding the full cost of such additional audits. Any reports, management letters, or other
information required to be submitted to the Department pursuant to this agreement shall be submitted within
nine(9) months after the end of the Recipient's fiscal year or within 30 days of the Recipient's receipt of the
audit report, whichever occurs first, unless otherwise required by Florida Statutes. Copies of financial
reporting packages required by this agreement shall be submitted by or on behalf of the Recipient directly
to each of the following:
The Department of Law Enforcement:
Florida Department of Law Enforcement
Bureau of Criminal Justice Grants
ATTN: State Financial Assistance
Post Office Box 1489 Tallahassee, Florida 32302-1489
The Auditor General's Office at
Auditor General's Office, Room 401
Pepper Building
111 West Madison Street
Tallahassee. Florida 32399-1450
Criminal Justice Information Data Security: Acceptance of this award, constitutes understanding that
transmission of Criminal Justice Information (CJI) between locations must be encrypted to conform to the
Federal Bureau of Investigation(FBI)Criminal Justice Information Services(CJIS)Security Policy.
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Recipient's Confidential and Exempt Information: By executing this agreement, the Recipient
acknowledges that any information not marked as -confidential- or "exempt- will be posted by the
Department on the public website maintained by the Department of Financial Services pursuant to 215.985,
F.S. The Recipient agrees that, upon written request of the Department, it shall promptly provide to the
Department a written statement of the basis for the exemption applicable to each provision identified by the
Recipient as-confidential" or 'exempt", including the statutory citation to an exemption created or afforded
by statute, and state with particularity the reasons for the conclusion that the provision is exempt or
confidential.Arty claim by Recipient of trade secret(proprietary)confidentiality for any information contained
in Recipient's documents (reports, deliverables or work papers, etc., in paper or electronic form)submitted
to the Department in connection with this agreement cannot be waived: unless the claimed confidential
information is submitted in accordance with the following two paragraphs.
The Recipient must clearly label any portion of the documents, data, or records submitted that it considers
exempt from public inspection or disclosure pursuant to Florida's Public Records Law as trade secret. The
labeling will include a justification citing specific statutes and facts that authorize exemption of the
information from public disclosure. If different exemptions are claimed to be applicable to different portions
of the protected information, the Recipient shall include information correlating the nature of the claims to
the particular protected information.
The Department, when required to comply with a public records request including documents submitted by
the Recipient, may require the Recipient to expeditiously submit redacted copies of documents marked as
trade secret in accordance with this section. Accompanying the submission shall be an updated version of
the justification, correlated specifically to redacted information, either confirming that the statutory and
factual basis originally asserted remain unchanged or indicating any changes affecting the basis for the
asserted exemption from public inspection or disclosure.The redacted copy must exclude or obliterate only
those exact portions that are claimed to be trade secret. If the Recipient fails to promptly submit a redacted
copy, the Department is authorized to produce the records sought without any redaction of proprietary or
trade secret information.
SECTION VII: PENALTIES,TERMINATION, DISPUTE RESOLUTION, AND LIABILITY
Financial Penalties for Failure to Take Corrective Action: Corrective action plans may be required for
noncompliance, nonperformance, or unacceptable performance under this agreement. Penalties may be
imposed for failures to implement or to make acceptable progress on such corrective action plans.
Termination: The Department reserves the right to unilaterally cancel this agreement for refusal by the
Recipient to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this agreement,
unless the records are exempt pursuant to Article I. Section 24(a), of the Florida Constitution and
§119.07(1), F.S. The Department shall be the final authority as to the appropriation, availability and
adequacy of funds. In the event the Recipient fails to fully comply with the terms and conditions of this
agreement, the Department may terminate the agreement upon written notice. Such notice may be issued
without providing an opportunity for cure if it specifies the nature of the noncompliance and states that
provision for cure would adversely affect the interests of the State or is not permitted by law or regulation.
Otherwise, notice of termination will be issued after the Recipient's failure to fully cure such noncompliance
within the time specified in a written notice of noncompliance issued by the Department specifying the
nature of the noncompliance and the actions required to cure such noncompliance. In addition, the
Department may employ the default provisions in Rule 60A-1.006(3), F.A.C., but is not required to do so in
order to terminate the agreement. The Department's failure to demand performance of any provision of this
agreement shall not be deemed a waiver of such performance.The Department's waiver of any one breach
of any provision of this agreement shall not be deemed to be a waiver of any other breach and neither event
shall be construed to be a modification of the terms and conditions of this agreement. The provisions herein
do not limit the Department's right to remedies at law or in equity. The validity of this agreement is subject
to the truth and accuracy of all the information, representations, and materials submitted or provided by the
Recipient in this agreement, in any subsequent submission or response to Department request, or in any
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submission or response to fulfill the requirements of this agreement,and such information, representations,
and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall,
at the option of the Department and with thirty (30) days written notice to the Recipient, cause the
termination of this agreement and the release of the Department from all its obligations to the Recipient.
This agreement shall be construed under the laws of the State of Florida, and venue for any actions arising
out of this agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute
or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of
such conflict, and shall be deemed severable, but shall not invalidate any other provision of this agreement.
No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict
performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the
Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department
for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the
Department under the terms of this agreement shall survive the terms and life of this agreement as a whole.
The agreement may be executed in any number of counterparts, any one of which may be taken as an
original. In the event of termination,the Recipient will be compensated for any work satisfactorily completed
through the date of termination or an earlier date of suspension of work.
Disputes and Appeals: The Department shall make its decision in writing when responding to any
disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response
to all concerned parties. The Recipient shall proceed diligently with the performance of this agreement
according to the Department's decision. If the Recipient appeals the Department's decision,the appeal also
shall be made in writing within twenty-one(21)calendar days to the Department's clerk(agency clerk).The
Recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures
set forth in Fla. Admin. Code R.28-106.104. Failure to appeal within this time frame constitutes a waiver of
proceedings under Chapter 120, F.S. After receipt of a petition for alternative dispute resolution the
Department and the Recipient shall attempt to amicably resolve the dispute through negotiations. Timely
delivery of a petition for alternative dispute resolution and completion of the negotiation process shall be a
condition precedent to any legal action by the Recipient concerning this agreement.
Liability: Unless the Recipient is a state agency or subdivision, the Recipient shall be solely responsible
to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department
harmless against all claims of whatever nature by third parties arising out of the performance of work under
this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the
Department, but is an independent contractor. Nothing herein shall be construed as consent by a state
agency of the State of Florida to be sued by third parties in any matter arising out of any contract. Nothing
shall be construed affect in any way the Recipient rights, privileges, and immunities under the doctrine of
sovereign immunity- and as set forth in 768.28, F.S.
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