HomeMy WebLinkAboutDocumentation_Regular_Tab 14_12/11/2025 Agenda Item #14.
Regular Council
A-1
STAFF MEMO
Meeting: Regular Council - Dec 11 2025
Staff Contact: Gus Medina, Police Chief Department: Police
Consider the Acceptance of a Florida Department of Law Enforcement Local Firearm Safety Training
Program Grant.
This is a Florida Department of Law Enforcement Firearm Safety Training Grant. This grant is for
civilian firearms safety training, equipment for classes, and overtime for the trainers. The grant is for
$40,191.00. This is the third time the Village of Tequesta's Police Department has been awarded this
grant.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET INFORMATION:
BUDGET AMOUNT 40,191.00 AMOUNT AVAILABLE EXPENDITURE AMOUNT:
40,191.00 407191.00
FUNDING SOURCES: FDLE Firearm Safety IS THIS A PIGGYBACK:
Grant ❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONNA
-T, TACHMENTS:
FE006 - Village of Tequesta - Agreement
Page 264 of 630
Agenda Item #14.
Agreement for State Rnancial Assistance Between
Florida Department of Law Enforcement
and
i I I age of Teg ue sta
AWARD AGREEMENT
Award Number-. F E006
Project Title: FY25-26 Local Firearm Safety Training Program
F roj ect Pefi o d: 1010 11 02 5-061 0/ 0 6
Award Fun ds= $40,1 g i,00
F LAID Vend e r I D: 5 96044G81
FA Number: 71.103
THIS AWARD AGREEMENT ("Ag ree rnerif) is made and -entered into by and between the F I O rid a
Department of Law E r fornement ("Department" or "FDLE") ain d Village of Teq u esta ("Recipient") and is
effective as of the date last signed- The Department and the Recipient are sor netimes referred to herein
i ndivid ual Iy as a "Party" and collectively as 'the Parties."
WHEREAS the Department has authority pursuant to Florida law and does hereby agree to provide state
i nancia I assists nee to the Reci p ie nt Mn accordan oe with th a ternns an d con d it io ns set forth i n th i s.ag re a meet:
and
H E REAS t he De pia rtm a rat h as avai la ble fu nd$resu Iti ng fro rn a n approp riia ti o n in C hapts r 2 023-18a Section
37, Laws of Florida, i ntended to pray ide the recipient rei rnbursamen t of elig ibl a costs res-U1fing from
allowable activities as defined in this agreement-,
WHEREAS the Department conducted an award solicitation to award a portion of funds to the Recipient,
and
WHEREAS the Recipient represents that it is fully gU21 i#i ed, possesses the requisite shills, knowledge,
g u a I if eat ion s, a rid exile rien ce to ca rry c ut the state p re j e ct i dentiti eel here i n, an d does offer to perform such
se rvices
H OW TH ERE FO REa i n con si derat ion of th a foreg o i rig, the pa Me s hereto agree a s follows:
Th i S agree m e rat is su h jest to the Spec i a I Con d itions outli reed i n Appe n d ix A a rid alli ia p plicabl estate fi nanoi al
assistance standard cc rid itions pmvid ed in Appendix F.
che€lule of Appendices
Th is award is su bject to thie terms a rid conditions outl i n eel in the following sections of the Ag reernen I.
Appendix A— pi a I Cord Mtla ns
Appendix B —Deliverables
Appendix C —Approved Budget
Appendix 0— Sa rn pie Ea rticipant.S Ign-1 n 3 heat
Ail pendix"E — Aud i( Requ Mrerr-pe rats for A a rds of S k ate a rid Federa I Finn racial Assists rice
Appendix F—Standard Terms and Conditforis
Award Management
Th i s state ti roan ci a I a�!s i!stan re awa rd sh a I I he man a ged i n Am pli F ij rid, F DLE's elle ctron i c g ra rat m a nag a me rat
�y�tem_ Th e Re ci p ient G rant M a rage r s h a I I be r-es pc n s i hle for c hta i n i rig a login to Aryl p I i F un d by co rota ai rig
the Lead Recipient for their agency_ Contact the Department Grant Manager for assistance if your agency
does not have an a000u rat with Am p I i Fu rid or if th e Le ad re ci p ie rat i s u nkn own.
Page 265 of 630
Agenda Item #14.
Award #: FE006
Scope of WGrk
1 -7 e Florida Legislature passed House Bill 543 during the 2023 legislative session. SeOcn 37 of the bill
provided funding for the Florida Department of Law Enforcement to support the development or expansion
of fi rearms safety training to he provided to the general public.
Tra i rriri g Class M i nim u ms'. The Recipient must conduct at least four (4) public firearms safety training
classes by Ju ne 307 262 6_ F a i I ura to candu ct t he req u i red tra i n i ng cl asses by the dead I i no will req ult in the
Rea i pient bei rig raga i red to prov id e a refun d of pasts to FDL E,
Lesson Plan= At the time of application, the Rec[pi a nt provided a comprehensive siva lessen plan for public
fi rea rm s safety tra i nin g to F DLE (a r review a rid a ppreva I- I n th a eve nt a e la ss i s hel d th at d ev iates from the
approve d lesson ple n, written Jostifieation rn ust be �u bm i tted to F D LE pri o r to condu oti rig th a oI ass� FDL E
r na y den y r-eirn bu rsam ent for any costs o uNJ de th a scope of the a p proved lesson plan-
Training Schedule- At the time of application, the Recipient provided an anticipated training schedule to
FDLE for revi ew and a pproval- T he Reoi p ient will be responsible for kee pin g F D LE i reform ed of a ny changes
to the approved training schedule (can elations F rescheduled dates, etc.)
Proof of Porfoirman ce: T he Recipie rat wi I I be res ports i ble for provid ing a ca py of the pa rt ioi pent si g n-i n sheet
for each class within thirty (36) days of class completion. The participant sign-in sheet must include, at a
rain im urn: the name of the agency -conducting the training, the data and time of the training, t h a names of
the i nstruetor(s), a nd the rya rn e, s i g na to re, a n d email add ress of each pa rt is i pa nt. A s a r p I e sig n-i n sh set i s
provided i n AFFe n d ix D. The Igo c i p ie n t wi I I be respo n sibl s for p rovid i ng cop i as of all nu rnou I a ut 11 ized d u rin g
pool is firearms safety train in g (s u ch a s train in g agendas, FowerPoi nt ptoae n tation s, h a nd outs, etc_) u pon
req uest.
Specific d e I ivara hles a re outlined in Append iix 8, A I lowabl a costs are outl Ined in Ap pa n d ix C.
Fsrformancs Deports
TIC e Recip i e nt shale u c cc�porgy s i h le Co r su bm i tti ng rnon th Iy FA Loc a I F i rearm s afety Tea i a i rM� F ro
(LFSTPI Fe rforrnan ce Reports to the Depa rtrn c nt o n the awa rd re co rd i n Ann p I i Fu nd, attesti ng to the
p rog re s s m ade towards the corn pie do n of d e I i ve ra b les (Ap pe rid ix 13) du ri ng each calendar m ont h of the
p raj ont period (the "Re porn nq Peri od")_ Th ose re ports .a re d ue n o I ater than fifteen (16) days after the en d
of each reporting period as fol lows
Reporting Period Due Date # Report i ng Period Due Date
1 101112025— 10131 W25 1111512025 6 31112026 —3131 026 411512026
111112025— 1 11 0 026 1211512025 7 41112026—413012026 511512026
3 1 2J11 026— 1 2J3112025 111 262 .51112026—513112026 16120 6
4 111 026— 1131 026 2115120266489 1 026—6 02 711512026
211 12026—2P2812626 3115/262 6
Fail u re to su bm it performance repo its by the d ue date may result ir1 a withholding of future payments.
Pe rferma rice i nfermatic n provided by th e P eGi p ian t will I be used by the Department to compi le re,peaks for
the Florida Leg is leture, Docume ntation to su ppe rt the s uccessful completion of perfo rma nce m ust be
maintained by Recipient and made available to the Department upon request_ Examples of supporting
documentation include but are not limited to: times Deets, aelylty logs, agendas, iti sera ryes, delivery
nfi r ratio rrs, p ubl is a n nou ncemen ts, s ign-in ro8te rs, I arson plan sa PowerPoint presentation sa etc,
If a proj ect is not o peratio na I wi th i n s ixty (56) days of the ongin a I start date of the p roj eot ,period, the
Recipient must report by letter to the D o pa rtr-rent the steps taken to initiate the project, the reasons for
delay, and the ax peated start date of project a ivitios. If a project is not operational within ninety(96) days
of the on g i real sta rt d ate of the awa rd peri.od I the Recipient m u s k s ubm it a seco n d I etter to the ID e pa rt m e rat
2 of 24
Page 266 of 630
Agenda Item #14.
Award #: F E D0 6
explaining the reasons for the belay_ Upon receipt of the secon b letter, the Department shall determine if
the reason for delay i!s justified or !shall, at its d i!scretion, require additional project doru rrl a ntat ion arid
j usti1 Mcations throughout the award period.
Finan cia I Re ports
The Recipient shall be responsible for entering individual Expenses on the award record in Amp I i Fu n b
throughout the project period as costs are fturred. Detailed instructions are available ors CJ 's webs ito;
Exoen se Entry, Reportin n Paled, and Payment Rao uest Guide. The descri pbon fi e I b for each ex pi:J�nse
must clearly identify: the rya me of the item or service, the quantity, the unit cult, the method of payment
(check, EFT, or credit card), and the dates of service, if applicable.
Budget Fie post ing Periods (arid Payrnent Requests" if applicable) are -due on a monthly lba Ls i Ls no later-
than t Dirty (3 g) days a fter the a nd of each re porti ng peri oLd as fo1 lows:
# Reporting Perti Due Date # Reporting Period Due Date
I 10/1 025— 1 CY3112025 1111 2025 6 31112D26—3 1 026 441512026
3 12J 11262 5— 1 2J3 1 P2025 111512026 8 51112026— 513112026 611512026
4 11112026— 11 112026 211512026 9 611 626 —613012026 71 16/2 0 6
5 2JI12026—212812026 311 512026
To su bm i t a req uest for reirn borsern a rat in Am PI hFun d,the Reci p ien t rn ust corn pleie the fol lowi rig th roe ste ps
in order:
1, Eater Expenses on the award ra ni.
2, Close out a Budget Reporting Period.
3. Su bm i(a Fayme rat Requ WL
* n o expens es were in curred during the reporting period, a Paym errt request is n of req aged.
However, the Recipient should close out the associated Budget Reporting Period.
Su pporti n g d ocu menteti o n to su bste ntiate costs c he r€geb to the a owe rb m ust be u p loaded to Am p I i F u rid an d
redacted to protect any P I I as necessary- A list of the �poci�ic !supporting documentation required for
payment is listed ifi Appendix C. All Payment Req uertr�s shall be reviewed and audited to the satisfaction
of the Department. a n b additional su p parti ng documentation may be requested by the Department Grant
Manager. Examples of additional supporting documentation include but are not limited to- requisitions,
purchase orders, quotes, general ledgers, fee schedules, etc.
Th a fi real Payment Req ucst shall be s ubm ittod to th a De part meat no I ator than J my 31, 2026. An y pa yr nent
doe u ride r-t he to r-rn s of t his agreement may be wi th held u rat it a I I req u i r report have been received, and
accessary adjustments have been approved by the Department. Final reconciliation and closeout of the
award m u:st I)e corn p loted by both parti es wit hire fo rty-five (45) d a ys of the and of the g ra rat period-
Failure to comply with the tarns and conditions of the Agreement may result It in financial consequences,
including but not I i mi#ad to; disaflowances of payment, forfeiture rc of funds, and/or termination of the
Ag rea mant,
Payments
Th a State of Flori ba's performance a rid ob I i gation to pay un b e r th i s ugreem a rat is conti rage rat upon an
appropriation by the Legislature, availability of funds, and subject to any modification in accordance with
C hapter 2 16_ Florida Statutes, or th a Flori ba Co nstitutio n. The Depu rune rat wi I I ad resin iste r an b b is b u rs e
funds under this agreement in ac-cordance with sections 2 15_-97, 16_g 7 1, 215.981 and 215_g65 a F_S. The
D e pe rt rn a nt's determination of acceptable expenditures shall be conclusive.
This is a cost-reimbursement a-greement. Award funds will be distributed to the Fie d p io n t in conjunction
with the receipt and review of a Payment Request and a I I required supporting d oc urnen Cation. Payrn%e q l
Requ est!s mu rit be submitted in A m p I i Fc rid by the Recipient Grant Manager, Recipient CFO, or other
3 of 24
Page 267 of 630
Agenda Item #14.
Award #,L F E D0 6
authorized representative- By submitting a payment requests the Recipient certifies that a I I costa claimed
for reim h u r-sem a rat h ave been i ncurred i n acco rid a rice with the terms e n d condition s.of the Ag reem e n t.
Pay m e rats will b-e d i sh urrved in th a fora of pa per c h eok or warrant in accordan ce with secti o n 215.4 22, F.S.
R ec i pients m ay elect to recei ve d i re ct d e posit (E FT) pay m e rats by ma i I in g a D i rect De posit Authorizot ion
Form to th a Depe rtme rat of F i roan ci e I S e rvice,% (D F )- 7h i s form rn ay be o hte i r,ed o n the D F S we hsite at
http s-J!WWW.Myf to ri d ecfo.co mild iv i s io n1aalvendors. Qu est ions a bout en rollin g in direct depos it s hali he
addressed to the Direct Deposit Section of the Division of Accounting and Audiling at (850) 413-5517 or
D i rectD a posi t My F I orida F D.corn,
Recipients may review their payment history by sea rch Mng the We ndor Payment H istory" we bsite
MaI lined by D F S at ht#ps-1/fs-fldfs-cornldispu b2lcvn h ph st-htrn, I nstrucdon s fo r sea rehin!g this webs ite may
be found at_ https=Ili-myfl Arid a rfo,ror nid iVisionlaaArain i n endow 1prov ider-i� ii n der 'Job Aids".
Amendments
The Dep aAmen t may amend or modify the Agreement at any time: provided the modifications are within
the origin e I scope and purpose of the project. Written notice of a I I such changes will be provided to the
Recipient. This award is not eligible for an extension. per Florida I avy, All funds must be obligated prier to
the project.end date.
Page 268 of 630
Agenda Item #14.
Award #: F E D0 6
Award Contacts
C han ges to this followin g poin t8 of co n to-ft an d/or ch i of officia I s be low mu s t be s u bra itted to FD LE Bu rea u
of Criminal Justice Grants in writi rig,
Reci P kent Grant Manager
Name-. Jars as M cG rew
Titl e; Assistant Chief of Police
Ad dreg s: 367 Teq ueata Drive
Teq uei>'ta, FL 33469-3088
Phone,. 56 i-768-0522
Email,. j mcgre teq ueata-erg
I a i P ier�# I�iaj Off al
Name: Molly Young
Title; Mayor
Address: 357 Teq uesta Drive
Taq uasta, F L 3 69-3088
Phone: 661-768-0465
E rn a i I: mynu ng teq uesta-nrg
R eci p Mart C h Maf Fi vandal OfIcar
Name, J effery nyd e r-
Tit I a; Finance Di rector
Address-. 357 Teq uesta Drive
Taquasta, FL 3 69-3068
P h n n a: 561-768-04 24
E rn a i l: j sn yder- teq uesta-erg
Florida Department of Law Enforcement (F D LE) Grant Manager
Name; Ryan Derrick
Tit I a; Goveirniment Analyst 11
Ad dreg s: P-0- Box 1489
Tallia ha$Se8 L FL 32 30 -1469
Phone: 850-6�17-i 27 1
r n i : ryan darr7i fd la-state-f Ws
5 0- Z=
Page 269 of 630
Agenda Item #14.
Award #: F E D0 6
Award Signatures
In witness thereof, the duly authorized representatives of both Parties i g n this Agreement to affirm and
warrant they understand the terms and conditions set forth In the Agreement, including all of the attached
Appendices, as of the r non Ih, day, and year set out below.
ad ific at i n n s to th is p ag e} i n e1 U di ng stri ke nve rs or+h itee ut, are not Pe rrnitted.
Florida partrnent W Law Enforcement
Bureau of rimfral Justi-ce Grants
ign ature
Typed N ia r ne and Title: Cody Menacof, Bureau Chief
Date
Recipient
Village *f Tegts
i9n ature;
Typed N a me and Title; McAly Young, Mayor
T T
Date'
**� If u s i n g a designee, s ig n the C h i of Off iei a I Des 19 nee sect ie n be I ow**:
Recipient Chief i Designee �if applicable)
3 ign at ure;
Typed Name and Title,
Date
Additional Recipient Signatures (if applicable)
Signature:
Typed Name and Title
Da to
Typed Name e n d Title
Date;
6 of 24
Page 270 of 630
Agenda Item #14.
Award 9: FE006
Appendix A—Special Conditions
Award Number: F E006
Roc ip ient 0. Village of Tequ a st,a
Project Ti le� FY 5- 6 Loea I Firearm Safety Train ing P rog rarn
Project Period: 1 0/0 112 025-061301 026
This Agreement is subject to the Special Condifions. set forth below, in addition to the Standard Terms
and Conditions outlined in Appendix E.
Condition No. Condition Language
o gg 1 The Reeipi a rat mu st ee nduct at lee!st feu r(4)firearms safety tre i n i rig classes to mem bars
of the g e neral publ i e by J u ne 30, 2026. Fa i I u re to co n d uct the rag u i red train ing classes
by the deadline will rep ult in the Recipient being required to provide a pro-rated refund
of costs to F D L E be-5ed on the nu mbar-of of e�!sos he Id d u ring the gra nt p e riod
S0002 Firearms safety training classes must fo I low the lesson plan provided to F D LE at the
time of award approval- In the event a class is held that deviates from the lesson plan,
written j ust ificati o n m ust be prov id e d to F D LE prior to condo oti ng th e c leas
S0003 The Reoi p i e n t will he res pars i dle for keepi rig F D L E into rmed of a ny c h a ages to the Cie ss
train ing s ohed u le p ravi ded at th a time of award a p proval. Ma j o r de 12-ti o ns i n the training
schedule will require the Recipient to provide an amended schedule to F D L E.
g 004 The Recipient must provide a copy of a participant sign-in sheet for each class outlined
in the training schedule within thirty ( g) days of class completion_ At a minimum. this
document must unlade: the name of the agency conducting the train ing: the date a n d
time of the training, the name of the ire stru cto r(s); and the n 8 me, signature, and email
address of each participant- A sample sign-in sheet is provided in Appendix D: and is
eva liable on C J 's websi to. L F TP Fillabl e P a rti cpp a rat Sion In Sh set
g 005 The Reoi pient s hall en s u re a I I s upp I i es an d for equ ipmen t its m s a re and Bred by Jan u a ry
1, 2026, If there are delays in the procure merit process the Recipient shall ratify the
F D L E Grant Manager via email prior to the deadline_
g 006 This award requests funding for eye protection for the firearms safety training
participants- This award will only reimburse eye protection at a maximum rate of 1 _00
per pair of protective glasses.
0007 WITHHOLDING OF FUNDS: Prior to the d raved ow n of funds for rental casts,, the
Recipient shall provide a copy of the rental agreement between the Recipient and the
re n to I faoi lity..
Page 271 of 630
Agenda Item #14.
Award #: F F D0 6
Appendix B — Dell iverables
Award N u rrr tier; FE00 6
Rac ip lent; Vi Ila ge of Te q ue to
Project Ti tle L FY25- 6 Looa I Firearm Safety Tra inin g Pr og earn
Project Period: 1010 112025-0613012026
The tata I am oust paid for these de ivarablas w-rill not exceed the total a mou rat of t he avrard_
Del i vo ra b I e I The Recipient will use funds to pay overtime costs for officers conducting public
firearms safety training activities.
M i n i rmurn TIC is i s o cost rei rmbu r�samant dal ware bla, On ly a I lcwable act ivitias completed as
Performance
ri attested thro ugh t he P>u brn i ssi o n of the payment req uast Will eligible for payMe�tr
F i marl Cie I Fa i I u re to meet r n i nim u m p a rto rrn a rice c:r-iteria vv II I res Irllt in the d i sal lowance at cost5-
an sequ a aces.
Deliverable Price Total pay rments fo r th i s deliverable wi I I be e p prox i rmata Iy $18,777-00
Deliverable 2 The Recipient will use funds to purchase equipment and supplies associated wit h the
implementation or instruction of public firearms safety training.
M i n i m u rm The procure meat an d reoei pt of e t I east one allo e b le item spec-if ied in the approved
Performance bu dget. Do me rotation i n of udee a n efkestatio n of item s reoe ived th roug h th e
rit ri a; -submission of the payment request.
Financial Fe i I u re to m eet rm i nim u rm p e rfo rm a nce or iteria wil I re s u It in the d i sal lowance of costs.
Gonsaq uen oe ;
Dal i ve ra b la F rice; Total payments for th i!� deliverable will be. approximately $18,414.00
De I ivera b le 3 The Reoi pia nt will o se fu rids to rent space to coo d uet public firearms safety training.
M i n i i-n o m Minimum performanre will be the exeout icn of the rental agreement with the venue.
Performance Dcou rmentation requ irad for pa yr neat in of udas an at e Staiion of activities completed
Criteri e-- through th a!subm ission of the payment request_
F i nancia I Fe i I u re to meet r n i r im u rm p a rto rm a roe or-itar-ia aril I re s u It in the d i s a I lowance of costs.
Conseq uen oes
Del ive ra b la P rice' Taal payments for this deliverable will be approximately $3.0 00.0 0
-B of 24
Page 272 of 630
Agenda Item #14.
Award #: E E D0 6
Appendix C —Approved Budget
Award Number: FE005
Recipient: Village of Tequ a sta
Project Title: F Y 5- 6 Lora I Firearm Safety Tra i n in g P rog ra m
P roj ect Peri o d: 10/011 025-06130 2026
Budget Category Total
A. Persennel $1 8a777_00
B. Fringe Benefits $0.00
C. Trove 1 0_00
D. Eq e i p meet 1,496-00
E Supplies $16a 918_0g
F_ Other Costs a000_00
TOTAL $40p 191,00
Standard Budget Terms
(e) All exile rid its res of state financial assistance must be allowable in accordance with the approved
budget, reasonably pHced based on current market review, and nece ry for the operations and
success of the project_ The Department's determination of a I lowabil ftys hall be conclusive.
(b) TIC e De pa rim a rat eha I I diaa Illow payment of a ray coats with as a nellea red Vkh Mold i rig of Ee n d T eond ition
(Appendix A)- Payment -shall be withheld anti I the requirements of the condition have been met and
the oo rid iti o n has been cleared with are a-m a ndment-
(e) TIC i s i s a cost-rai mbo rserne rat award. Proof of pay mant.is required for all axpen d itureS L Accepla bla fo rms
of p roof of payment inclo de: copies of p rooessed a h ecks, fro rat and ba aka creel i k oa rd statarmen is
showing a charge h a!� poi ted to th a accou rat; or ban k statennen is s hawing fo rids h ava been withdraw n
from an account,
(d) I nvol ces for g oods must in cludei for each item: a r7 a rneldescri ptian a number of units, a nd cost pe r u n it.
nvoi ce s for sc ry inns rmu st confai rti L n the dates of service, de ion of s�ry i ces, n u m be r of u nits, a nd
cost per unit.
(e) Sensitive or- persona I ly id a r�tif ing i nforr na ti c n (P 11) su-c hes Moms add resses a rid a offal security
num berg mu st be red acted korn su p port i rig docu mentat ion_
(f) All quantities, rates, and tests listed below are estimates based on the information available at the time
of a p plieati on or ar n a rid men t.
A. Personnel
$18a 777.00 i s of located to su p port ovc r9me costs for opp roxi metel y two sworn officers non d uctin g pu b I is
firearms safety training activities at an average rate of$70.59 per hour.
TIC a Dap a rumen t wi I I reim b urse for overtire hou rs wo rked on project a otivitiee on ly, at a rate of n o m o re
than tir a-a rid-a-ha If the reg ular rate of pay, or at t he rate ind meted i n the R .1pie rat}s overti me policy.
Rego I a r h ours a re in e I ig i ble for re i Irnbu reerne fit. Bon uses, stipends. and adva aced paym a rats a re in c I i g i b le
for relm bu r�eim a nt.
The following documentation shall be provided to the Department with each Payment request to
sobeta ntia.te costs a Ira r9ad to the g rant: ti rr wheats th at support the cum bar of hoc rs wo rked on th e p raj sot.
a nid pa yroll rag iete rs o r pay etu bs I i s ti rig k he a m p I oyee�s rate of pay, ly pe Of Pay L a rid g rosy Bala r-y, 1 11' th e
pay period is not listed on the payroll register, the Recipient shall include a copy of the payroll schedule for
the period,
9 of 24
Page 273 of 630
Agenda Item #14.
Award M F E006
D. Eq u i Frfient
E g a i prn a n t i to r ns I isted below may in cI u de a dd it ion a I i ndivid uaiiy priced, operationa I I y necessa ry
accessories, components, andlor peri p he r-als and may he categorized as a -'kit", "bundle", "system", etc.
Funds may be used to pay for shipping, freight, and/or installation costs_
$1,4 96,0 0 is a I I mated to pu rch ase equ ipment associ ated with Iota I fi rea rr n s safety t ra i n i rig,
Firearm -$860.00
Fled Dot Optics ( - $636_00
The following documentation shall be provided to the Department with each payment request to
substantiate costs charged to the grant: itemized invoices e r receipts and proof of payment- Copies of
procurement docu rnentOori such as requisitions, quotes, and purchase a r-d a rs may net be required for
payment buit m-ust be mainta i ned a rid p rovi ded to th a Depa rtment u porgy req uest-
E. Suppike
Supplies listed be lour may include additional individually priced, operationally necessary a eoessories,
oo rn pon ants, a ndlor peripherals and may be categorized as a "kit". "bundle". "system", etc- Funds may he
used to p ay for s h i p p i rig, Frei g ht, a ndlor in sta I lation costs.
S 16 a 918.00 is a I located to p urehase s u pp I i es assoei ated with loea I fir ea r n7 s s afety t ra i n i n g_
Arnmunition - $8,101,00
Booklet Mate rials - 331,00
Flip Top Tables (8) - $4,680.00
Safety G lasses - 3 3 1.0 0
Sound B a r Q - 1,400_00
Ta rgets �500)- 57 5.0 0
TVs and wall moU nts - $1,50 0.00
The following documentation shall be provided to the Department with each payment request to
substantiate costs charged to the grant: itemized invoices or rs i pts and proof of payment. Copies of
procurement documentation such as requisitions, quotes, and purchase orders may not be required for
payment but must be maintained and provided to the Department upon request.
FT other Costs
$3,0 00.0 0 is allocated to support other costs associated %ith I gal firearms safety training-
Firing Flange Rental Fee - 3,000-00
The following documentation shall be provided to the Department with each payment request to
substantiate costs charged to the grant.- itemized invoices or receipts, and proof of payment. Dates of
Service must be clearly marked on the in voioa, it applicable. Copies of procurement documentation such
as requisitions, quotes, and plurohasa orders may not be required for payment but must be maintained and
provided to the Department upon request.
10 of 24
Page 274 of 630
Agenda Item #14.
Award M E E DO 6
Appendix D — Sample Participant Sign-in Sheet
Participant Siqn,ln Sheet
Ag a n cy N a me:: E I m Cou my S heHI 's Offi
Course Title: Lora I Firearms Safety Trainin g P rog ram
Date: W 812024 Start Ti m a: 9;00 am End Time: 4;00 pr n
Locati on: EC SO Shooting Range. 482 Frady Oak Way, Elm City, FL 12 345
Instructor Nama(s): U. J. Smith, Cpt. L), Miller, Sgtr M, Baker
i ■ i t - E Address
.
3,
4.
6.
7.
8,
9.
1()L
11.
12.
Page 275 of 630
Agenda Item #14.
Award #: F E00 6
Appandix E a AudIt Rego iromants for A arda of State and Fe deral Financial As istar oe
The administration of resources awarded by the Department of Law Enforcement ("De partmeniir) to the
Recipient may he �u bj ect to audits and/or monitoring by the Depa rtrr,ent, as descri bed i o th ie se ion
MONITORING
n o ddition to r evi ews of and its oondu oted i n a000 rd a n oo w it h 2 C FR 60a S ubpart F -Au d it Req u i re me rats,
and section 215.97. Florida Statutes (F_ _), as revised (see AUDITS below), monitoring procedures may
include, h u t net he limited to, on-site visits by Department staff, limited scope audits as defined by 2 CFR
20 0.4 5, or other procedures- By entering into this agreement, the Recipient agrees to comply and
cooperate with any monitoring procedures es or processes deerned appropriate by the Department- In the
event the Department determines that a llm i ted �copo a ud if of the Riecipie rat is appropriate, the Recipient
agrees to comply with e ny additional Provided by Depe rtmeot staff to the Recipient regarding
�uoh audit. The o Reoip ie n t further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deorned necessary by the Chief Financial Officer(CFO) or Auditor Ge nciral,
AUDIT$
PART 1: FEDERALLY FUNDED
This part is applicable if the Recipient is a state or local government of a nonprofit t organization as
defined in 2 CFR §2D0,g0 F 26164, and §. 60.70_
1. A reoi p ient that expend s$750,006 or m o re i n f od o ra I awa rd s is its fi scal year rust have a s i ngle of
p ro gta m-s pecific and it coal ucted i n ecru rd a n ce wit h t he p r ovis ion s of 2 C FR 20 0, S ubpart F -Audit
Requirements- EXHIBIT 1 to this fora lid t h o federal raseu rces�,awarded through the Department
by th is ag r-oement_ I n determ icing the fed o ra I awn rd s ex pended in its fisoa I ye ar, the Reoipi o rat s ha I I
oo n s i der o I I so urnes of federal award s, i ran I u d i rig federal r esou rues received fro m the Dep artment,
Th o d oter min ation of amou rats of fodo r al award s oxp o nded s hou Id he in a000 rd an oo with the
g uid o I i n o s osta hlish od in 2 C FR §260.502-50 3_ Are au d it of the Rooipio rat co rid unted by the Au d itor
General in accordance with the provisions of 2 CFR 00.514 will meet the requirements of this
Part.
. For the audit requirements addressed [n Part 1, paragraph 1, the Recipient shall fulfill the
req wire meats relative to a ud itee r-espon s i b i I ities as prov ided in 2Cr-R §2009 508-512
3, A recipient that expends less than $750,000 in federal awards in its fisoa 1 year is not required to
have an audit conducted in accordance with the pr ovisi o rye of 2 CFR 260, Subpart F - Audit
Requirements. If the Reri p ient expends less than $750,000 in federal awards 1n b fiscal year and
elects to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F -Audit
Heq u i remen ts, th a cost of the a ud it mu st be paid from n o n-federal r esou roes (i.e., the cost of S u h
an audit must be paid from recipient resources roes obtained fro rn other than federal entities).
PART 11: STATE FUNDED
1, In the evert that the Recipient expands 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 p r of e t-spe M(Io audit for such fiscal year in
accordance with section 2 15.97, F, ,, Rule Chapter 691-5, F,A, .� State Financial Assistance, and
Chapters 10,5-50 f I owl governmental entities) and 10.650 (nonprofit and for-profit o rgao nations),
Rules of the Auditor General. EXHIBIT 1 to this form I i s is the state financial assistance awarded
through the Department by this agreernen k, In determining the state financial assistance expended
in its fiscal year, the Recipient shall consider all sources of state financial assistance, including Mate
fi nancial ass ista rice rece ived from the De par tm a rat,other Mate a gen pies, a rid oth er non state entifies_
Mate finan ci a I assistan ce does not incl ud a fed a ra I d i relit or pass-throug h awards a nd resou roes
r-ece ived by a n onstate a ntity for federa I pr og ra r n math i n g req uirern a rats,
2. For th a audit req u i rarrient.s a ddressed i n Pe rt a 1} pa ra gre ph 1, the Red pient sha I I ens ure th at the
audit complies with the requirements of section 215,97(8), F�& This includes submission of a
fi nancial reporti rig package as defined by seoti o n 215.97(2)r F.S., an d Ch a Mere 10.550 (lo a 1
12 of 24
Page 276 of 630
Agenda Item #14.
Award #: FE006
governmental entities) and 10.650 (nonprofit and far-profit organizations), R ule-s at the Auditor
General_
. If th a Recip ie nt exile rid a less than $750,000 in Mate fire ncie I assists rice i n its ti,9eal year (far fisce I
years end i n g Ju rye 30, 2 017' a rid thereafter), a n audit eon d ucted in accord a rice with the pray is ions
of section 2 15.9 71 F.S., is net requ i red_ I f the Recipie rat ex pe rid s.less th a n 7 50,000 i n state f i n e ncie I
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 au d it rn ust he pa i-d from th e n anstete a ntity'c reeau rces (i-e.,
the cost of such an a edit m ust pa id firorn th a Recipi a rat'a resources o hta in ed fro m other than state
e ntitiec)_
PAIN 111: OT HER A U DIT REQU I REM EATS
(NO TE:This part mould be used to specify any additional audif req Wrefrey?f ii impo-sed by the Depart of
that are solely a matter of Department policy(i-a-, th-e e refit is nQt require d by Federal or Sta to laws and
is not in corXict with other Federal or State audit requirements). Pursuant to Section 2 1.5_9 7(8)r Florda
Statutes, the De rfrneat may conduct or erreng� for audits of Mete financial assistance that are in
addition to audits conducted in accordance with Base 215.!97r Florida S a(Wes- In such an event, Me
Department must arrange for funding the full oast of such additional audits_)
N/A
PAIN IV: REPORT SUBMISSION
1. espies of reporti rig packages for e u d its-con d ucted i n acco rd e n ce with 2 C P R 200, Su h part F-Audit
Requirements, and required by Pert I of this form shall he su h m itted a when required by 2 CFR
§ 0 0.5 t , by or on behalf at the Recipient directly to the Federal Audit C leari rig house (FA ) a:s
providO i n 2 CFR§200-:36 and §20 0.512. Th e PAC's we hsite (h ttps,-flwww.fec.q ovi)prov ids a data
entry :r;,. tern and required forms for submitting the single audit reporting package_ Updates to the
locati o n of th e FAG and d ata entry system may he fou rid at the 0 M 6 we hcite_
2. Copies of financial repo ti ng packages required by Park 11 of this form shall be submitted by or on
behalf of the Reci pleat d i r-ectly to each of th a fol lowi rig:
a. Th a Department at the fo I le in g email add ress;
E lectron i c copy-
0J FAfd I e_state.fl_us.
b, The Auditor General's Office at each of the following iaddre es.
Electron i c copy: and Paper(bard copy):
The Auditor General I a we bsite Auditor General
(ht �:I fl auditor, ) prov id es Loco I Gave rn rent Au d its134
instructions for filing e n Claude Pepper Building, Doom 4 0-1
electronic copy of a financial 111 West Madison Street
reporting package. Tallahasryee, Florida 32 399-14 50
3. Deco meat<ati on req Lj Ifed by Pa r-k I I I of th is forma, if app I ica blo, sha I I be submitted by or on behalf of
the Recipi a rat d i redly to the De pa r-t m a rat at OCJGS FA fd le,state-tl.ua _
4. Any reports F rnia nag a m a rut letters} or other i rifor m ation req aired to be s ubrn itted to th c De pa rtment
P urs ua rat to this agreement shall be submitted timely ely in aocor da nce with 2 CFR 2 00,512, section
215.97, F.S., an d C hapters 10.550 (Iota I goverxumental entities)and 10,650(non prof it an d to r-profit
organizations), R pules of the Auditor Ge neral, as appl i LEI 6
5 L ReCiplents, when submitting financial reporting packages to the Department for audits done in
accordance with 2 C FR 2007 Subpart F - Audit Requirements, or Chapters 10.550 (local
govem mental entities) and 10.650 (nonprofit and far-profit organizations), Rules at the Auditor
General,, should I d indicate the date that the reporting package was delivered to the reci p lent in
oormspoodon ce accompanying the reporting package.
13 of 24
Page 277 of 630
Agenda Item #14.
Award #: FE006
PART V; RECORD RETENTION
TIC RaCipiertit sha I I retain snf iic ient records demonstrating its cone is nce with tha to rm� of th a awards)an d
this agreement for a period of five(5)frorn the date the audit i sued F and sh a I I allow the De partme rat,
or Its designee, the CFO, or Auditor Gemeral access to such records upon r uest, Tha R-ecipi a rat shall
i�nsn re that audit working papers are made available to We Department,or its designee, the C F0 F or Auditor
Gen a ra I upo n r�q uest for a peri of of five (5)yea rs horn the date the a ud it re port IS i sn ed, u r)less extended
I n wri ti rig by the D e patent.
EXHIBIT I
FEDERAL RESOURCES: ILIA
STATE RE OLJR ES
State Resou rces Awa rded to th c Rec 1 pi c nt P u r suant to th Is Ag regime rat Co n s list of th a Fo Il owi rig
1 L Matching Resources for Federal Pfog rams: WA
2- SUbjeet to SeCtior~ 2 1 5-97, F- =
A. State P roj act:
State Awarding Agency State of Florida,, Department of Law Enforcement
State Project Title FY 5- 6 Local Firearm Safety Tra in-Png Program
FA Number 71,10
Award Number FE006
Award Am o un t $405191.00
3. Compliance Requirements Applicable to State Resources Awarded Pursuant to this
Agreement are as Follows:
A. State Proj' t. The corn pi iance req u irer nents for Awe rd FE006 a re a A i reed i n the award
agreelffl'erltr
1=
Page 278 of 630
Agenda Item #14.
Award #: FE006
Ap p o n d i r_Standard Terms and CondMons
TIC folio Ing terms and conditions III be binding upon the execution of this Agreement between the
Department and t h o Recipient. In the event that any of the information provided in this Appendix changes
after the execution of th Is Ag roer rent, the Dop8rtrnent sh a 11 provl do wwriitten notr of such changes to th e
RaoipirtitJ A formal amend rent to th a Araolorlt is not ray Ird
SEC TION I: GOVE R N I NG LAWS O F TH E STATE O F F LORI DA
Th i s Ag rear neat is a rite red i nto In the State of FI n rid a, and -s hal I be con s tru ed, performed a a nd enforced i n
all respects -in accordance with the laws, rules, and regulations of the State. Each Party shall perform its
obligations in accord a nce with the tarns a rid con d itions of this Afire-em a nt,
A, Lo bby i rig P ro h i bi#.ad: The Rechpient!s ha I I core ply Sri th the pravi P>io ns of set io 1 1.06 2 an d 216.347,
F.S., which proh i bit the axpanditu re of state fly nds fo r t h a pu rpo!sa of lobbying th o Lag i!�,1 atu re, i u d i d a I
h ra nch, or a state eg a noy_ No f unds or other re sou roes received in Conn on with th i s a g re o m a rat may
he used d i reotly or i ndirectly to i nfiuen oe I egislatio n or any other off c:la I action by t h o F Iori de Leg is Ietu re
or any state agency-
B. Independent Contractor: In performing its obligations under this agreement, t h a Recipient shall at all
ti rues act In the capacity of an independent contractor and not as an officer, employee, or agent of the
State of Flo rid a_ Nothing in th-is Agreement may be understood to constitute a partnership o r joint
venture between the Parties. Neither the Recipient nor any of i is agents, employees, subcontractors,
or assign eas sha I I re present to others th at it is a n agan t of o r has the authority to bind t h e Dapa rtm a nt
by virtue of th is agreem a nt, ul Mess spanifica I I y a uthorizad i n wwri ti ng to do so,
C_ Limitations on Adverbs'lng: The Department is prohibited fro r n endorsing the project of any recipient
ent
of state financial. assistance- The Recipient shall not publicly disseminate any information or
docu rr enWtion that i mpl ie:s the project described in this Agreement is endorsed tq the Department, or
that contains the n a r ne, Togas, or a rnbl ears of the Department.
D. Sponsorship: If the Recipient is s nongovernmental organization (a nonprofit or for-profit) that
sponsors a program that is financed wh o 11y or In pad by State funds, including funds obtained through
this Agreement, it shall,ell, it shall,all, in pul hlioizi rig, advertising,or describing the sponsorship of the program,
state: "Sponsored by (Roc iplanf s rya rne) and the State of Flodda.m If the sponsorsh i p referenoe is in
wriitten material, the words 'State of Florida IF shall appear in the same size letters or type as the name
of the Reoi pient, Th o Dep artme nt's name, logo% or emble rns shell not he ublized_
E, Travel Costs: The ma x i nn u rn arnou rat of rei r nbu nerve nt for travel costs shall not e x wed the rates
established in the State of Florida Travel u idol ire e:s, section 112.061, F.S.
F, C Mill RI g ham: The Recipient agrees to oom ply with t h a Am a riven s wi th Disa h i I ities Act (Pu h I i o Law 10 1-
3 36 a 4 2 U.S_C. Section 12 101 et seq.) an d sh a I I not disori m i mate a geinst an y i ndivid u a I errs ployad in
the pa rforma noe of this Agmeme rat du a to race, ro I ig ion, col o r, sex phys iuel hen d ine p u n related to
such a pa rsan rg ability to engage in the is work, n anon a I origin, ancestry, age, or marital status, These
reg ul irernent� shall apply to a I I con treoto rs, subracipients, or others with whom the Recipient arranges
to provide services or benefits to n I ie nts or employees in connection with the award program and
rel a L-ed antiv ities.
E-Ve rift'� The Recipient agrees to co mpl y with siection 8,095(5), F.S., req Wring the Reci pion t a nd a I I
third-pa rty entiti es d enters i nto a 9 r cements with to register with a rid use the Z-Verify system r T he
Recipient may not ente r i nto a contract wkh a ray th i rd!pa rty entity witho art verifyi rig compl is rice with th is
r'ag uirement, or without obtain ing a n aid avit from the third-party a ntity stati ng they do n at a rnpl ay,
contract With, or subcontract With u mare thorized as iaos, It the Reci pient or the Daps rtment h as a g cod
faith be I ief that a ter i rd-pa rty entity is in violatic n of ski on 448-09(l), F r S,,the Recipi a rat m u st tarn i mate
thei r ro ntract wit h t he th i rd!pa rty ant ity., Th i rd-paw entit ios rn ay fi le a ca use of a c#io n w it h a ci rcu it or
15 of 24
Page 279 of 630
Agenda Item #14.
Award #: F F D0 6
u my court to challenge a termination no later than 20 calendar days after the date on which the
retract was terminated-
H.. Baokgroo ridCheck-., Wheneve r a ba ckg rou rid screen in g to r ern pioyrMnent or a backgroun d secu rity
check is requ ir'ed by law fo r ern p loyr ne nt, u n less otherwise p roar i ded by law, the prWsion s of ehe Ater
435, R S., shall I a pp Iy,All ern ployees in pes it ion s designated by law as pos+tion s of trust or respo nsibil ity
shall be required to undergo security background invest ige ti a ns as a condition of employment and
c�orVtpnued employment. For the purposes of this subsection, security ba Gkg roan d investigations lull
i nc Iude' but not be I i nnited to; a rnp I a y m ernt h i sto ry checks, fi rngerpri rnt i rig for all ,pu r po a and eh ecks in
this kio tate ide riM i r�e� nd j uven i la record checks through the a Florida Depar#rr�ent of �aw
Enforce meat, are d federal or1mina I record checks th rough the i`edera I B u reap of I n vestiga ti o n, an d may
i nclod a local cri rein a I feoord checks threug h local law a rrforcernent agencies.
Non-Disclosure Agreements: Recipients may not require any employee or contractor to sign an
internal confidentiality agreement or statement that prohibits, restricts o r purports to prohibit or restrict_
the reporting of waste, fraud, or abuse in accordance with law to an i nveatiga.tive of law enforoem a rat
represe rotative of a state or federal de partm a rat or agency authorized to receive such information. The
R ec i pie rat certifies that if it is info rmed or notified th at any a ulbr ecipient or vendor has been req u i 6n g the it
e m p loyees to exec ute ag ree m e rats o r state meats that pro h1b1t the re portin g of fra u d, waste, or a hu se
Lha t it wi11 immediately cease a I I further obligations of award funds to the entity and will i rnmed i ately
rnoti fy the D e pa rtm e n t. Th a Reci R ien t wi I I not res u me oh I ligation 5 u rail ex preesly auth on—zed to do so by
the De pa rtrnen t.
J. Disputes and Ap I + Unless other i e t ted in this Agreement, disputes concerning performance
under the Agreement wM I I be decided by the Department, who s he11 reduce the decision to writing and
serve a copy to the Recipient. I n the event a Pa rty is dissatisfi ed w ith th e d is p ute rese I ution decision
j u rind Maio n fo r a my d ispute a risirl g under the to r m s of the Agreem e rat wi 11 be io State cou rts, and the
venue wi I I be the Secon d J ud is ia1 o i rcu it, in a nd for Leon oou nty, E x re pt a P>otherwise provMded by law,
the Parties agree to be Te s porn s i h le for their own attorney fees incurred in con nectra n with d is u es
arisin g u n der the terms of th is Agreem a rat.
K. Insurance: The Recipient shell provide and maintain at all times during this Agreement adequate
general liabi I ity in su ra noe ooverag a of a uch types a nd with su ch terms a nd li m i to a s m ay he re anon a bI y
associated with this Agreement, as required by lair, and as otherwise necessary and prudent for the
Recipient's performance of work under this Agreement. The limits of coverage shall not he interpreted
as 1im i ti ng the Recipient's iiabi 1ity and oblig afion s under this Agreement. All insurance policies shall be
thre ug h ipn!�urs rs I ioa ns&d a nd authorized to write policies M th a Ste to of Flohda, a nd s uch pal ioias s hal
ver all em p loyeas en gaged i n any world performed u rider this Agreement. A self-insure ace p r og ram
astia h I i!�hed and operating under t he I aws of the State of F Io rid a may prev ide such coverage..
Documentation to support oom pi iancs With this provision shall be provided to the Department upon
request. Fia i lu r e to maintain adequate insurance oovarag a may, at the Department's sole d isc reti o r),
r esu It i n to rm i nation of the Agraeme rat.
L I r� fle cal Pro Fe rty 'gig ht : Where activities supported by this Agreement ree uft in the creation of
i ntel I ecWa I property rights, th a Rec i pient shal I n otify th a Do pa rtment, a rid th e D e pa rtment Will deterrrrin e
whether the FZeci pient wi I I be r-eq u i red to g rant the De pa rkrne rat a perpetual, ifravocabl e, royalty-free,
nonexclu live license to u se. a rn d to a u th o riz a others to use for State govern rent p u rposes,any reP�iuitin g
pate rated, co pyri g h ted, or trade m a rke d work prod ucts d evel oiled under this Agree mernt. T he DeFa rune rat
wi I I a I a o date rm i rye whether the Reci p ient wi I I he requ i red to pay all or a portion of an y royal ti es resu Iting
f roan su-c h p ate rnts, copyrig hts, or trademarks.
W PrGh!L ited Vend oir L i sts; Th e Beni pleat may not enter into an ag res mart with a ny organ ization named
o n � prohibited bited vend or I ist, purl ua nt to sectiorns 287.13 — 287.137, F, , I n ad d itiorn L if th F e i i rat i5
fou nd to be i ncluded on a ny of these lisft, the Daps rtment may un i I aterally terrain ate t h is Ag res meat.
Th ese I i s t s e re main Lain ed by th e Depart ran e rat of Management Sere ices on thei r we bsite:
1-6 of 24
Page 280 of 630
Agenda Item #14.
Award #: FE006
https:fhvww-dms-mvflorida.com/business ope ration s/state p urehasi nWstaie agency resources/vend
or registration and vendor lists
1. The " o nvicted Vendor List", pursuant to:section 287.133, F_ _
2� Th e -D 19 cn-m i nato ry Ve nd or List"a pursuant to section 287_134 a F_ _
3� The '`Forced Labor Vendor List", pursuant to section 267.1 46, F.S.
4 L The '` cru ti n ized List of Prohibited Companies", pursuant to section 87_135, F L _
5. Th e -Su s pen de d Ven dor List", purs uant to section 287L 13 5 1, F_S_
6. Th e "Are kitrust Viol ator Vendor List", purs uant to section 287.13 7, F.S.
SECTION II: FUNDING AND PAYMENT CONSIDERATIONS
A. FU n d in 9 Req n i rements: Pu rsu a rat to section 215.971(1), F_ __
1. The Recipient may only expend funding under this Agreement for allowable-costs resulting from
obligations incurred during the project period-
. The Recipient shall refund to the Department any balance of u nobligated funds that were
ad va aced or paid W the Rec i pient.
3. The Recipient shall refund to the Department all funds received in excess of the amount to
which the Recipient or iiS s u brec i pients are entl#I ed under the terms and conditions of this
Agreement-
B. Comper sati a na.This Is a cost-reimbu rseme rat ag reemeni.This Ag r eemen t sh a I I n of exceed the award
amount, a n d payment shall on Iy be issued by th a Depa r tm a rat after accep tarp ce of the Recipient's
pertrman ce as sat forth by the farms and conditions of this Agreement. The State of Florida's
o blig a tion to pay under th is ag rearm t is core ti n9ent upon a n appropria tic n by the Leg islature.
C. Payne rit Process: S u h ject to th a terms a n d CGndition!s cstabl i shed in th i s Agreem a rat, the D e pa rt rn a rat
agrees to pay t he R ec i pient i n a cco rd a nco with section 2 i 5.422 a F_S-
D. EFT Pa y m e n is: E Iectronic Fu rids Tran Ater (EFT) gaymen is a re pn�?fe rre d by the State. While
enrollment is not required, the Recipient may clh se to enroll by submitting an authorization form to
the Department of Financial ervi ces. Copies of the authorization form and a sample blank enrollment
letter`may be obtained at; htt �Il ,rr7 f I ri oa f . rr7 d i i i rid r . rrenrolled,payments
under th i s Agreeme rat will be made by EFT, Questions a hoot the en r ollme rat process should be d i rested
to the E FT lactic n of t he Depa rtm a rat of Fi na ncia I Services at(850)413-5517.
E. Rnan i t Management: The I i ior�t row m i rat in lr fi r� r�ci a I ro ord r� c: m rats
(Includ i rig el cct ron i�f i I e s)in accord a nce with g e ner'al Iy accepted accoun ii rig pro du ros an d p ra dices.
Th a Reci g i e rat rn u st he a h le to record a rid re port on th a rece ipt, oblig ation, a n d expend iture of g r-ant
f un ds for each aura rd, project, an d/or s u hreei gient_ Th e Reci pi a rat In ust provid a copi es of their gory c ra I
I ad g e rs a rid sched u I e of aceou nts; to the D e partme rat u per r-eg uect fo r mo n iton rig g urgoses_
F, E x pe nd itures: Al I exile nd itures m ust be in cornpl i a rice vyith the laws, ru Iesi and requ I ation s appl is abl e
to th a expend iture of State fu rid sa i ncluding} but not lire ited to, the Refe rence G u ide for Slate
Expenditures maintained by the Department of Financial ServiCeSL
G- Taxes- The Department is exempt from the payment of State sales and use tax and Federal Excise
Ta N. Unless otherwise provided by law, the Recipient, h ovvevor, shall rat be exempted from paying
r ate�al1es and w se to x to the ail p rep riate gove rn r nenta I agencies,.nor-shall the Rec:i p ient be oxom pie d
tror n P aypng its s upp I ie rs for any taxes on rinate r-ials u sod to fu Oil I its coat raotual obl i gations u rid e r th i s
Ag r ee ment,Th e Recipient s hal I be r'ospo nsibl e a rid liabl e for the pa yr nent of all its F I CkSociia I Secu rity
a rid other to xes res u Itin g fror n th i s ag r'eorneni,
FI. I nvoi s: I nvoices su h m i tted to th a Department as supporti rig docu mentation for paym a nt mu st fu If III
a I I of the requirements for invoices outlined in the Reference Guide for State E x genditu rlr=?s These
reg u i re m e rats a re s u rn m a rued in Ag pendix C of this Ag ree m e rat.
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Agenda Item #14.
Award #: F E D0 6
I. Advance Payments: While this is primarily a cost-reimbursement agreement, the Recipient may he
eligible to receive an advancement of funds (a cash advance) for immediate payabl es. The Recipient
shall provide wdtti�n justilic.Labon for im rniiri-en I need of funding to the Department ra rat Manager,
accompanied by the-in vo ice(s)to be psi d.T he Red p ien t will he notifi ed of the Depa rtmen is d ecision to
approve or deny the r`eq�,eSt in ilir�g, It a pproved, adva nced f u rids m ust be utilized to pay the ap proved
invoice(s) within thirty (30) days of receipt of the funds via checkJwarrant or EFT. The cash adva r oe
must be reconciled with the Department within forty-five (45) days of racellpt of the funds L The
Department may choose, at Its sole discretion, to withhold all payments owed to the Recipient until an
outstanding cash advaace has been recon'I
J L Fienal Payment Request: if the I ecl lent fails to su b m it the fiaa I payrne n t requ est to th e 0 e pa r trnent by
the deadline spedfied Ire the Scope of Work. or within 45 days at the end date of the Agreement, 1
De pa rtment may, at a discretion. core id er the Recipient to have forfeited any and all rights to
paynnen t tin-der the r mentr
SECTION III: RETURN OR REC O U PM ENT OF FUNDS
A. Refu n ds-. If the Red p ient o r its i n d e Pend ent auditor discovers that an overpayment ha s been mad e,the
Rec i pie rat s h a I I costa ct the Dep a rtment within seven(7)calerrde r days after the date of-d iscovery_ I n the
event that the Depa rtment fi rst d i scrovers a n overpayment hay been ma de, the Depa rtment will niatify
the Re ci p ient i n vvrki rig. T he D e pa r-tm a rat wi I I pravide a Refu rid Requ est Form to th a Recipient to be
completed and mail-ad to the Department with the refund check. Refu rids must be submitted to the
D e pa rtm a nt within th irty (30)calendar days aftef the date of d isoovery.. Cheolks sh a I I he mad a paya ale
to the "De pa r-tm a rat of Law Enforce meat" a rid s hall to rya i led vvith a copy of the Refu nd Reau est Form
to;
FDLE— Cash Riots
Post Office Box 1489
Tallahassee. FL 3 ,30 -1489
hou I d repayment not be mad a in a ti rye I y ma n ner, the Department sh a I I be a nti IIed to cha rg e i rite rest
at the le wf ul re to of i Merest o n the autsta rid ing be I e rice begin n ing forty(40) ce lendar d ays afte r th e d ate
of notification or disoovery. If an overpayment is discovered while the Agreement is still active, the
Department may choose to recoup the overpayment fror n monies owed to the Recipient under this
Ag ree meat.
E. Reoo u p m e n t of Fa n d s: It th a Red p ien is n oncom p I is rice w it h an y prov is ion of th is Ag reement res lilts
i n additional oasts or mo n eta ry loss to the D e partment or the State, the [fie par-tm ent may recou p the
costs or losses fro m mon ie s owed to th a Recipi a rat u rider this Agreeme nt. I n th a eve rat that the d i scovery
of add itional costs or losses ari ses wh a n n o m o vies a re ave i ra h le u rider th is Ag ree mentr the Red p i e rat
s hall re pay sun h costs o r losses to the Depa came n t i n to I I with i n th i r-ty (30) days fro m th e d ate of
d iscove ry or notif ication, u n I ess th a Depa rtme rat ag rees, in writin g, to a n al#e rn ative thmefra me_
SECTION! M., DUTY OF DISCLOSURE OF LEGAL PROCEEDINGS AND INSTANCES OF FRAUD
A. Legal Pro teed i rugs: Prior to the executio n of th is Ag reemant, the Recipi a nt shell d i s-c lose i n writl ng a I I
prior or on-going civil or criminal litigation, investigations, arbitration, or administrative proceedings
(collectively "Proceedings") involving this Ag�e r nent, including any Proceedings that involve
s u hrecipi a rats or contractors pe rfo rm i rig work under this Agreement_ Th enr ?after, the Recipient has a
0o nti n uin g d uty to prom ptly disclose a I I P roceed i rigs u po n ecc urrence_
B. D uty of D i s c lose re; Th i s d uty of d isolosu re app I ios to each offi oor and d ireotar of the Recipie rat. as we I I
as to ae oh of i oer and director-of s u bred p isms or contractors pe rfer m i rig work u rid er th is Ag r eer rent, for
any Proceeding that relates to an ofoer's or director's business or financial activities. Details of
settlements that are prevented from disclosure, by the terms of the settlement rust be annotated as
such. If the existence at such Proceeding causes the Department wn rn about Recipient's ability or
vvi I I i ngn ess to perform work under the Agreement. then upon the De partmerit's request, the Recipient
,is hall provid a to the Depa rtment G ra nt Manager all reasonabl e a ss ur-a noes that: (a)the Recipient wi I I be
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Agenda Item #14.
Award #: F E00 6
able to perform work under the Agreement in accordance with its terms and conditions- and (h) the
Recipie nt a ndlor its a mploye es: age rats, s ubrecipients: o r co ntracto rs have n of a rid wi I I n of enga ge i n
000d uct which is sim i I a r i n tutu re to the pond uct al I eg e d in su ch Proce ed ing why lie perform i ng work
under this Ag roar neat,
N otif cation of I nstances of F ra ud: U pars discovery,the Rec i pie rat s hall report a I I k no n or sus pected
i nsta noes of operatonal frau d, orirn i rya I activities, or misman agernont of award fu rid s co rnrn itt by the
Red pieta, or a n agent, contra to r, or a rnployee of the Reci pient, to the De par tm eot Gra rat Ma nag er in
+fin in g within 24 chronological hours,
SECTION V: MANDATORY DISCLOSURE REQUIREMENTS
A. Coaffiot of Interest: TWS Agreement is subject to chapter 112, F- - - The Recipient shall dISCI USe the
name of any offic-er, director, ernpl oyea, or other agent who is also an employee of the State- The
e
Recipient shall also disclose the turn a of any SUte employee who owns, directly or indirectly. more
then a fwe percent (5 ) interest in the Recipient or Its affillata,�_
B. Foreig n G ifts a rid Co ntra : The RuLci pient shell comply With any app I icah le d isc losu re regUireme uts
I n ion 286,101, F.S.. Pursuant to section 286.101(7)' F,S,a ,'I n add ition to any fi ue a ssessed u nder
section 2 86,1 g 1(7)(a), a fi nall and a r detarm i nin g a third or su bsequent vio lati o n by a n anfity other t a n a
state agency or political subdivision shall automatically disq ual'i fy the entity from eligibility for any grant
or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the
Administration Commission for good cause."
SECTION : PUBLIC RECORDS REQUIREMENTS
Rec i pie rats w h7 o fa i I to p rovide P ubl i c Records to the Dapartm a rat w ith in a reaso na bile arr iou nt of tim a may be
s u ba ect to pe nalti as u nder section 11 g,10, F.S.
A. Public a Fd : T h e P eoi pient rust allow p obNc access to all d ocor n a rats, papers, letters, or other-
ma is ria I, reg a rd less of t h e p hySiCa I form, c:haraC#aristios, or yea ns of transmission, made or received
by the Recip1eot In core j on Gt ion with the Agreement ("'Public Records"). unless the Public Records are
exern pt from public access pursuant to chapter 119, F-S., section 4(a) of Article I of the Florida
Constitution, or other applicable state or federal law (-:Public Records Lam')- For the purposes of this
Ag�e r nent, the Recipient is respcn s i b la for becoming familiar with Florida's Public Records Law. The
Recipient must provide copies of all requested docu rnent ation to the Department within tern J 10)
d u sirs ess days of the d ate of th e raq Blest_ The Depart m a rat m ay u n i I aterall y term in ate th a Agreed a rat if
the Recipi a rat refuses to a I low p ubl i c access to P u bI i c Record s as req u i red by Pu hl i c records Law.
B. Public Records RogUeStS: Al I requ acts to i aspect or copy PaEI io Fo rds rely 11 ng to the Agireerren J
mast be made directly to the Department. Notwithstanding any provisions to the contrary, disclosure of
any records made or received by the State in oon)u notion with th c Agreement is governed by P ubl io
Records Law.
C. Exemption from Public Records; If the Recipient has a reasonable, legal basis to assert that any
portion of any re rds sobr n tted to the Department is c:oafWential,proprietary,trade suet,or otherwi se
not subject to disclosure ("Confidential' or 'Tr-ade fret") under Public Records Law or other legal
authority: th a Recipie rat must si maltanceosly p rovide the Dapartm a rat with a separate redacted copy of
the rac:o rds the Recipient cla i rins as Confidential or Tirade Secret and briefly describe in writing the
grounds for claiming exemption from the Public Fo rds Law, including the specific statutory citation for
�ur,h exemption. Only the portions of the records that the Recipient crI a i rns are Confidential or Trade
Secret shall he redacted- If the Recipient fails to submit a redacted copy of records it claims are
Go ufi denti a I or T ra de Secret such action m ay constRute a wa iver of a ray claim of confidentiality_
D. RegUeSts for Redacted Records: If the Department rive!� a Pu hlic Reoords requ ast for re ds that
I nd u d c ttl osC 'T1 ti-k ed as "Confidential" o r 7radaSecret!, the Department will provide th a Recipient-
1 9 of 24
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Agenda Item #14.
Award #: FE006
redacted copies to the requester. If a requester asserts a right to the portions of records claimed as
or rfi dential or Trade Secret,, the Departme nt will notify the Recipient th at such a n a s sertiorr has bee n
made. It is the Floc i pient's respon si h i I ity to assert that the rk�ns of records i n q uesti o n a re exempt
from disclosure u nd.r Pu hlic Records Law o r other legal authority, if the De partmen t becomes subject
to a d a rnn nd for discovery or d isclasure of the portion� of records th a Renipie nt cla ims n s C.,o nil iiden tial
or Trade Secrat in a leg a I proceeding, theb Do partm on t wwi I I give the Recipient prompt notice of the
demand, when possible, prior to releasing thc, ��rt�ons of records the Re i.ient cla i rrrs as Confident-pal
or Trade Secret (unless disclosure is ntherwi�e prohibited by applicable law). The Recipient shall be
responsible for defending its determination on that the redacted portions of its records are Confidential or
Trade Secret. No right or remedy for da rrrages against the Department arms from any disclosure made
by the Department based on the Recipient's failu re to prom ptly, legally protect i Ls Cla i m of exemption
and oommence such protective actions within tern (10) days of receipt of such notice from the
Department. If the Recipient claims that the records are Trade Secret pursuant to section 624.42-13,
F, ,, and If n I I the requirements of section 624,4213(I), F. .' are met, the Department will respond to
the Pu blin Records Requ est i n accnrdan ce with th n provisions specil'I ad In th at statute,
E. Reoo rds Transfe r: If the R ec i pient's record rete n ion req u i rerne rats terr�1 eta prier to the requ ireM ents
state d h e rei n, t he Rec i pient m ay meet the Depa rtmen is record retenWn req u i re rnen% for this
Agreement by tra n sfe rti rig its records to the Department at that time, and by destroying duplicate
records in accordance with section 50 t_17 t, F. ., and if applicable- sectlo n 119.0701, F_ _ The
R ecipient.s hell ad here to esta h I i s Iced inf rrnation destruction standards such as those established by
the National Institute of Standards and Technology Specia.1 Publication 800-8 8, "Guidelines for Media
a nitizati on" (2014). See:
https=fln vI u hs,n i5tL ov/nist u hsi peci a I Pu h I ioatior� l I T. P.80 0-88O
I F TH E RECIPIEhl T HAS QU E TIO N 3 R EG ARDI NO TIC E APPLICATION OF CHAPTER 11% F.S.'
TESTHE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
C 0 NTACT Eta BL IC REC E RE S AT
Tele Fl o n e: (850) 4 t 0-76 7E
Email: p u hi i s reoo rds C&fd I e.State JI L u s
Mailing Add reSS� Florida Department of Law Enforcement,
Public Records Section
P.O. Box 1489
Tallahassee, FL 3 230 2-148 9
SECTION VII: NO N E PE N DAB LE P ROP ERTY
For the purposes of this section, „p roperky"m eans eLq uipment,fixtures, and oth e r to ngible perms nal pr ope rty
of a nonco nsu r nabl a an d nonexpe rid a b le n ature
A. Compliance: The req u i rem en is of this section apply to property owned by governmental units as
defined by section 274.01, F_ ., and not to for-profit or nonprofit organ.lZatio ns. How-ever, these
organizations are encouraged to establish and administer a property management system to protect,
preserve, use. maintain, and d i 3 pose of any u rope rty furnished to it by the Dep8 rtrne nt or purchased
pursuant to this agreement_
E. Property u pervi s Ion and Control; Pu rs uant to secti on 273.03, F.S.a the Recipi e rat is the cu Stod is n
of a II no nexpe nd a ble property, a rid sh a I I be pr•i ma r•i I y respo rrsibl a for the su pc rvision, con trol, a nd
d ispo�sitic n of the property in his or her custody (but may delegate its use and immediate control to a
person under his or her,supervision and may require custody receipts).
E. Maintenance of Property: The Recipient shall he responsible for the correct use of all nonexpe nd a h le
property obtained using funds provided by this Agreement, and for the implementation of adequate
rnai nten a nce procedures to Deep the non ex pendahl e p roperty i n g ood o peratin g con d iti on.
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Agenda Item #14.
Award #: FE006
D. Property Record a: Al I nonexpe rid a ble pro perty p u rchased u nd e r this Ag re e m e rat shall he I isted on the
property reco rd s of th a Rec i pie nt. The Reci p lent sha I I i nventory a ran ua I Iy an d ma i ntain accou nti ng
record s for all non expen d a hle pro party pu h ased_ The records shall inc;l uda, at a rain i rn um, th e
following inform ation: pro perty tiag id a n ifioatio n n umhi�ri description of the item(s)I physioa I looatio n,
name, make or manufacturer, year, and/or model, manufacturer's serial n um dar(s), dates of
acqu isition, a nd the ou rrent pond it ion of the item.
SECTION ll: PU RC MAE OF p OR I M P ROVEM FINS TO, R EAL PROP E RTY
A. Secu dity I n t e rest: I n accordance wi th section 2 87.0 5805 F F,S.F if fu rid i ng p rovi ded u nder th is
Ag rep men t is used for the pu r cha se of or i mpr ovemen is to real property, th o Red pipe nt sly a I I g rare t the
De pa r tm a rat a seru rip ty i nterast i n the p rope rty i n the a mou rat of the fund ing provid ed by th i s Agreem ant
for th a Pu rich a Se o f im p rove men ts to the real property fo r five (5) yea rs from th o d a to of p urohase or
the m m pI otion of im p rove meats or as fu rth er req u i red by law.
13. Ex pi ration of Saco rity I Merest: U pon the e p i ratio n d ate of the Ag reer nent, the Recipient sh a I I be
a utho rued to rata i n ownersh i p of the i rnprovernen is to real property set fo rth i n th is Ag reernent in
accordance with the following: (a) the Recipient is not sold, merged, or acquired'. (b) the I property
-�ubject to the improvements is owned by the Recipient: and (c) the real property su bjoU to the
i rnprovements i s used for the pu rposes provid ed in th i s Ag ree meat, If with i n five ye ats of expi ration of
this Agree ment, th a Rec i pient i s u nabl a to s at isfy th a se req uira rnenW, th e R ec i p ient shall notify the
Department in writing of the ci rcu msta noes that will result in the deficiency upon learning of its but no
later than th i rty(30)ca I e nd a r da ys p Nor to the d of is ien cy occurri ng. l n suc h eve rat, th a Dep a rtmen t sha I I
have the right,with in its sole d iscretion a to d e rn a nd rei rn her m e nt of part or a I I of th a fu nd i n g P rovi d ed
to the Recipient under this Agreement-
SECTION T : SUBAWARDS, CONTRACTS, AND ASSIGNMENTS
A. AI Iowabi lity: Unless otherwise specified in this Agreement or through prior written approval of the
Department, the Recipient may nat: (a) Subgrant any of the funds provided to the Recipient by the
De pa rtment under th is Ag ree re rat; (b) contract its d uties or respo nsi a i I ities u rid e r this Ag ree re rat a ut to
a third pi rty; or (c) assign any of the Recipient's rights or responsibilities herein,, unless specifically
permitted by law to do so,
E. Recipient Res Fn n s ib i Iities: The Recipient agrees to he responsible for all work performed and a I I
ex pe rises i n purred i n fulfilling the oh I igatia n s of this Agreement. If the Department app rove$ the
Recipient's request to %u bg rant, contract, or assign any or a I I of the work to be pe rforr ned under thi$
Agreement, it is understood by the Recipient that all such arrangements shall be evidenced by a written
ca n tract oa n to in ing all provi s is ns n eves s ary to ensure the ven dor's comp p I iance with a ppl i ca hle stat-e and
fed a ra I laws. The Recipient agrees that a I I s u hreci pients performing work under this award shall he
properly trained individuals who rneet or exceed any specified training qualifications- The Recipient
further agrees that the Department shall not he liable to the vendor for a I I expenses and liabilities
incurred under the oantract and that the Recipient shall be solely liable to the vendor for all expenses
and lie hilitias i urred u nd e r th a ca ntraot_ Th e Rec i pi e rat, at its exile rise,, wi I I d efe nd th e D e pa rtmant
against such claim.
. Su brat Mil Tent Ras pen s III I Ilfies: S ubr a Mpie rats of state finan cia I assists ace a re o bligatad to cam ply with
the requirements outlined in this Agreement for monitoring, auditing, records retention, and financial
reporting outlined in the attached Appendix to this Agreement. The Recipient shall include the
afor em o ratio reed req u i rernents in all a p proved su broc ipient co ntracte,and assign menu,
D. Subreciplent Agreements: Pursuant to section 215.971, F. _, agreements with s u brecipi ants
perform i ng wo rk u rid e r th is award steal I i n cl ud e. or he a men ded to i n cl u de
a) A scope of wwo rk th at Ilea dy establish es th a taskslactiv ities the su hre-c i p lent wi I I perfo rrn_
h) Specific d e I ivera h les relate d to the tas Isla ctiv ities out I i ned i n the scope of work_
c) Th e r i nirn u r level of pe rforrn a nce req u ired for each del ive rabl e a nd th a criteri a that wi I I be used
to determine successful performance- This may include- documentation supporting delivery of an
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Agenda Item #14.
Award #: FE006
item such as receipts or paid invoices, documentation sU p porti ng the successful completion of an
activity suc h as e d ated, item ized in vc ice, activity logs, tim e s heets: or perdGipaint sign-in s heets_
d TIC e fine ncial oonseq uen ce s th e t ww i I I apply if the rmin im um Ieyei of servloe is not alined
i�) Th e fin a ncial oonseq uen ce s th at wwi I I a pply if the su h r`5ci p ien t fai Is to perform in e000rdanoe with
the contract,
E. Required Documentation: The Recipient shall provide a to the Department copie's of all subcontracts
executed with entities performing work under this award and a completed Form D F -A -N
(Reci p i e nt] u h reci pie rat vs_ Ve n d c r D eterrn i ratio n fc rrn) ww ith ea ch s u bco ntreot. This form is requ i red
by the Florida Department of Financial Services and determines (1) the applicability of the Florida
Si agile AU d it Act an d (2) wh ether the s ubcontractor i s e ve rid or or a su fired p ient_
FT Certificate ot Subaward: When a subreo i p ien t relationship is determined to exist, the Recipient must
-ensure the sobreoipie nt is aware e of, and agrees to follow, a I I audit, monitoring, and oo rmplia noe
requirements for the use of state funds referenced in Form DF -A2-C L ("'Audit Requirements for
Awards of State and Federal Financial Assistance"). To assist vAth this requirement, the Department
created a " e rtificate of u bawa rd" to be oo m p 1 eted by the Roof pient and sigIned by the so b recipi a rat,
A copy of this forrm must be provided to the Department and maintained on file by a I 1 parties.
G. Invoice Requirements: I nvoice,% submitted by a subcontractor must clearly identify the: the dates of
,gervice(th e i nvoi ce per-i A);o de,%criiption of the spec if is del ive r-oh I e s ptcv i ded d Uri rig th e i nvoioe period:
the quantity provided, and the payment amount specified in the contract for the o<�rnpletion of the
del fiver abl e s prcv i ded_
H. Ti rmely Payment of Subco retractors: It the Red p ien t r"ices ad ve noed fu nding to pay are invoice for
a su breo Via rat or contractor, the Recip An t ag reel to make paym a rats to pay the i nvoi ce within seven (7)
world ng days of rsoe i pt of the adva rice via chackiwwa rraat or F FT, u Ness otherwise stated its the
agreernen t between the Recipien t a rid the s ubrsoi p ien t o r contractor. The Recipien I's failu re to pay its
subrecipi a rats or contractors within seve o (7) workin g d ays wi I I result i n a stiatuto ry penalty charged
aga i rest th a Recipient a nd paid to the su brc plent or contractor i n th e a m o unt of one-ha If of one (+1)
percent of the am o on t d ue per day fro rn the ex piration date of th a period allowed herein for payment.
Such statutory pe oa I ty sh a 11 be i n a ddition to a ctual payments owed a nd s ha I I not exceed fifteen (15)
percent of the outstand i n g ba Ian ce du e, pursuant to section 287.0585, F.S.
SECTION X: INDEMNIFICATION
A. Limitations of Liability: The Recipient shall fu I I y liable for the actions of its agents, employees,
partners, subreciplents, or contractors and shall fully indemnify, defend, and hold harmless the State
and the Department, and their officers, agents, and employees, fro rn suits. actions. damages, and
costs of every name and description. arising from or relating to personal i raj ury and damage to real or
personal tangible property alleged to be caused in whole or in part by the R eei pient, its agents,
employees, partners, subrcci pients, or contractors provided, however, that the Reei p ien t shall not
i ndernnify for that porti on of any I oss or darnages prox i r na to Iy cau sed by th a Ueg I i g e rat act or orn ission
of the State or the Department.
Further, the Recipie rat Shall fully i ndernnify, defend, and hold harmless the State and the Department
from any suits, actions, de rnageei and cost8 of every name and description, including attorneys' fees,
arising from or n�?lati rig to violation or infni Uge metint of a trademark, copyright, patent, trade secret: or
intellectual property night provided, however_ that the foregoing o blig ation sh a I I not app Iy to the
Depe rime nt's m i s use or modificati o n of the Rec i pleat's prod ucts-o r the Department's o Aeration or use
of the Recipient's products in a manner not oo ntem plated by the Agreement. If any product is the
subject of a n infr`i ng a rnent SU its or` i n the Recipient'a opi n ion is I il�el y to k� me the su bjeot of such a
su it, th a Red pleat may at its sole expen se p rocu re for the Depe rtrn a rat th a right to contin ue using the
product or to m od ify it to beoc m a non-i nfri ngiing. If th a Red pis rat is not reasonably a ble to m odify or
oth a r ise secu re the Department-the right to contin ue us i ng the produ ct, th a Recip i e rat s ha 11 remove
the produ ct a nd ref nd th a Departrmen t th e a rnou rats paid in excess of a reasonable rental for pa st use.
TIC a Depa rtrnen t wi I I not be ION a for a n y soya I ti e ,
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Agenda Item #14.
Award 9: FE006
The Recipient's obligations under the preceding two paragraphs with respect to any legal action are
contingent upon n the State or the Department giving the Recipient: (a) written notice of any action or
threatened action; (b) the c�pportu n ity to take over and settle or defend any such action at the
Ric i pienf s sole i�xpe ruse; a rid (c) a�s istan in defend i rig the action at th a Recipianfs sol a exile nse.
Th a Recipient s ha I I n of be I is b Ie for a ray cast, exile rise, o r corn pro rise incurred or rya de by the State
or th a De pa rtrn a rat i n an y I e g al action without the Reci pie nt's p rior wwHtten consent, which sh a I I not be
u nreasonabl y with he I d-
E. Sovereign Immunity: Nothing in this Ag reaman t s ha I l be construed to affect in any way the Recipient
r ig h ts, p hvi lag e s� a rid i mm u nitiee on der the doetri ne of''sove rei g n i rn r u n ity"are d a e set forth i n scetic n
768.28, Florida Statute,
SECTION I: NONPROFIT RECIPIENTS
A. Allocations for Remuneration Form: Pursuant to 216,13 66(3), and Executive Order 22-44,
non profi t Recipie rats a re raqu i red to provide dccu man totem i ndica ti ng the amount of state fi roan ci a I
assista nce a I I emoted for rarn una rati e n to an y mam ber of the turd of d i rectors or an executive officer
of the Reci pi a nt's or g a n ization. This require m e nt is r'nct by s ubr n itt i n g a "N o n-F ro(i t State F aad
A loc-ation s for Re m u neration" form to th a Dcpa rtr nen t. A oo py of th is to rrn rnu st be posted to the
Recipient's website, if the Reci p ie rat retain to i ns a we bsito. F o r the pu rpos es of this section,
-11rerao neration," rmea ns a I I m pe nsation earn ed by or awarded to pe rson nel, wheth e r pa id or accrued,
regard I e s of con fingcn oy, i rye I u d i rig bo nu se s, accrued paid ti me off, severa nee pay m a rats, i ricent ivc
paymen t , contrii buti o ns to a retire anent pla n or i n-k i rid paymen t , rei m bo rscm a rats, o r a I I await oes for
r novi ng ex penses, veh i of e!s and other trans portation, tel ep hone services, read i oa I !servi oes, ho u sing
and mea Is-
E. Compensation Paid Using State Funds FGrm: If the Recipient indicates funding has been allocated
for rem u n e rati o n to a ny me m ber of th a boa rd of d irectors or an executive officer of th a Red pi a nt's
o rga nizati o n, a `•N ors-P rofit Total corn pensation Pa id Using State F u n ds'to rm mu st be s u bm itted to
the D e partm a rat with -each paymen t r�q uast for each individu a I rece iv i rig co ripe nsation. A copy of th i B
fora (o r fo r m s) m ust be posted to th a Recipie nfs webs itc, if the Floc i p lent maintai ns a websi to.
C. I RS Fe rm 990: Pu rsua nt to E xecutive 0 rd e r 2 2-44, non profit reci p ien is who r ceei ve 50 or m o re of
their an n ual fu nd ing from th a sta to rn ust su b rmit a copy of their I R 6 Form 990 to th a Dapa rtrne rat at th e
ti me it is filed. Any su bscq u e rat oha n gas or corrections that a re made to Fe rrn 990 d uri rig th a project
period rn ust be su b rmitted to the 0 e pa d m e nt with in t hi (30) days of t he change or ecrreoti o n.
SECTION II: TERMINATION AND FORCE MAJ E to FEE
A. C or'rective Action- The D epo rimer t will notify the Reci pie rat i n wwriti fig if oorrac'tive action is req uir-ed for
non m p I ian , n on pe rfo rr nan oo, or o nacceptable perform a r oe of work order th is Agreement- Fa i I o re
to lrm p lem a rat or improve performance manse of c in a o rlon oe with the corrective ac t on plan may result
i n term i nati o n of the Agreement
E. Termination for Cause: The Department may, at its sole discretion and upon providing Written notice
to the Recipient, terminate the Agreement if the Recipient fa i I s to a) satisfactoi6ily complete the
deliverables within the project period of the Agreement; b) maintain adequate pi-Kress, thus
endangering performance of the Agreement- c) honor any term of the Agreement- or d) above by any
statutory_ regu latory, or I icen si ng req u ire me rat of th a Ag reement-
s. Termination Due to Lack of Funds: If funding f e r this Agreement is withdrawn or redirected by the
Legislature, the Department shall provide wr[tten notice to the Recipient at the earliest possible ti rite,
The lack of funds shall not oonstitute a default by the Department or the State.
D. Termination for Convenience: The Department may terminate this Agreement, i n wwhole o r i n part:
by prov idin g written notice to the Recip i e rat th at it i s i n the Department's o r t-i e S Lat ess I e st i mite re st tc
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Agenda Item #14.
Award M F E006
do so. The Recipient shall not provide any deliverable pursuant to Appendix B after it receives the
D e pa rtm a nt's notice of termination, except as the Department otherwise specifically instructs the
Recipient i n writin g_Th e Fie ci pient will n of he entitled to recover a ny can ce I I at ion ch a rg es or lost p rof its_
E. Recl p lent's Raaponaib I I i ties u po n Terra I nation: I f th a Depa rtmeat issu es a n otioe of to rrrn i nation to
the Reci pia nt, exee pt a e otherwi s e s peeified by the De rtr�ant in that noti�e, t he Reeipi a nt sh e I I; (a)
top ork under th Me Ag reer�neo t ors the date a rid to the extant sp ifi ed i n the r���i ee; (b) x rnp I ete
performance of each part of the work the Department does rnct tenr i mate, i� a��: (c) tale su Gh action
as may he necessary, o r as th a Da pa r tm a rat m ay s pacify, to protect a n d p re se rve a ray pro perky vy hich
i s i n th a possession of the Reci p ient and i n wwh i eh th e Depa rime nt has or rn ay acq uife an i nterest: a rid
(d)transfer, aSSig n, are d me ka aVahla b la to the Department all property an d mete rie Is belon g i rig to t he
Depa rkm a nt u pon th a eff ective date of term i nation of this Ag regime rat. N a extra eampe n!sati a n will b e
paid to the Raeip i e nt fe r its �>,e rvrces i n con nectl on with such train sfer of ass igfl men t_
F, Severab ill +. If a ny p rov isio n of this Ag reament, i n wh o le or in part, is he Id to be void or urn a nforcaable
by a court of corm peter t j u ri sd iction L that provision wi I I be enforced o My to the extent t h a t it is not i n
violation of law or is not otherwise unenforceable. and a I I other provisions rerrnai n In full force and effect.
G Sury iva I: Any rig ht or o hlig ation of th e P a rties i a th is Ag re e m e n t wh i c h. by i is expre s s terms or nature
a rid co ntext, is inten ded to s ury ive to rm i rnatio a or exp i ra don of this Agreement, will survive any such
term i n a Lion or expi rati o n,
H. Force M a je iu re: Neither Party shall be liable to the other for any delay or failure to peffo rm under this
Agreement if such delay or failure is neither the fault nor caused by the negligence of the Party of its
employees or agents and the delay is due directly to acts of God, wars, acts of public a nern ies, stri Ices_
fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that
affects su h re c i p ien is, contractors, or suppliers if n o alternate source of supply is available- However,
i n th e eve rat a d e lay a rises from t he foregoin g cau 9 e s. th e P a rty s hall to ke all reasonable areas urea to
mitigate any and all resulting damages, -costs, clela ys, or disruptions to the Pa rty's performance
req u i re men is u n der th is Ag ree m e nt.
Natice of De lay from F orce Ma j e u re,- I n t he case of any d el ay th a Recipient h e I i eves i s excu se hla
u rider s u hsecti o n H, t h e R ec i pie rat sh a I I notify th a Depa rtmen t i n wwriti rig of th e d e I ay or pote rat ial delay
a rid the ca use of the d e I ay eith e r: (a)with i n tern (10) ca lean dar days after the cau!so th at c reates or wi I I
create th a del ay fi rst a rose, if t he Reci p ient co uld rea sGnabl y foresee that a delay co uld cur e-� a
resu It' or(b) with i n f ive (5) ce len d a r days after the date the Reci piient f i rst had rea se n to bal lave that e
delay cou Id resu Its if th a delay is not rea so nab ly foreseea hle. TH E FOR EGOIN G S H ALL CON STITUTE
THE RECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in
strict accordance with this subsection is a condition precedent to such remedy_ The Department, in its
sole discretion, will determine if the delay is excusable under this Section and will notify the Recipient
of its deci s i on i n writin g_ N o cl a i m for dam ages, other than fo r an eaten s i o n of tim e, s Ira I I be asserted
aga i rust the De partmernt. The Recipient will not be entitled to an increase in the Agreement price or
payment of any kind from the Department for any reason. If performance is suspended or delayed, In
whole or i n part, d u e to any of the causes d e scribed in this subsection, after the causes have ceased
to exist, the Recipient shall resume performance. unless the Departr nen t determines, in Its -sole
discretion, that the delay will -significantly impair the ability of the Recipient to timely complete its
o blig atio n s u nd er th i s Ag reementa i n vy hich case th a Depn rtmen t may to rm i n ate the Agreer n a nt in who le
o r i n pa rt. I f the de lay is excusable on der ter is sectio rr, the d e lay will n of ras u I t i n a ny add itional ch a rg e
o r co M u rider t h e Ag rye rent to a ither Party.
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