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HomeMy WebLinkAboutDocumentation_Regular_Tab 06_03/08/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: N/A 2/9/12 Consent Agenda: Resolution #: Originating Department: Fire AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Approval of EMS Interlocal Agreement with Palm Beach County for two Video Laryngoscopes. BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Approval of an EMS Grant Interlocal Agreement for the award of two Glidescope Video Laryngoscopes to the Village of Tequesta. This grant award is for $20,100.00, which is 100% of the cost of the equipment. No matching funds are required from the Village of Tequesta. This award is from Palm Beach County and is part of the Department of Health, Bureau of Emergency Medical Services grant funds authorized by F.S. Chapter 401, Part II. This Agreement must be executed by the Village Council to receive this award. APPROVALS: SIG�1�'� Department Head Finance Director Reviewed for Financi I ''e y ❑ No Financial Impact Attorney: (for legal su ic ncy) Village Manager: Submit for Council Djscussion: []� - - --- - Approve Item: � �� Deny Item: � SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the number of copies you want signed and place "Sign Here" sticker on them) <- _ , �ll.� � i.--� ,f ("t �� .% Memorandum � % To: Michael Couzzo, Village MarX`ager From: James M. Weinand,/'�'' CYy2ef Date: January 31, 2012��,�" ��� Subject: Approval of EMS In erlocal Agreement with Palm Beach County for two ' eo Laryngoscopes Attached you will find an EMS Grant Interlocal Agreement for the award of two Glidescope Video Laryngoscopes to the Village of Tequesta. This grant award is for $20,100.00, which is 1000 of the cost of the equipment. No matching funds are required from the Village of Tequesta. This award is from Palm Beach County and is part of the Department of Health, Bureau of Emergency Medical Services grant funds authorized by F.S. Chapter 401, Part II. This Agreement must be executed by the Village Council to receive this award. The Glidescope is the first alternative airway management technique that has been widely adapted into emergency care settings and used with rapid sequence intubation. It is designed to simplify intubation of difficult airways and minimize the lifting forces often necessary for successful intubation even on routine airways. Now all intubations can be less traumatic than ever before. The Glidescope Video � Laryngoscope (GVL) is a video laryngoscope incorporating a high- resolution miniature video camera positioned on a curved hyper- angulated laryngoscope blade. The combination of the blade curvature, camera mounting position, and wide field of view yields a very effective means of imaging the larynx, even difficult in or impossible direct laryngoscopy situations. Below is a picture of this advanced pre-hospital equipment. w � �+ w �, .. ,� ..�..� � �,.,_ � ...��" �. �,,; � Approval of EMS Interlocal Agreement with Palm Beach County for two Video Laryngoscopes.doc EMS INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made as of the da.y of , 2012, by • and between the Board of County Commissioners, Palm Beach County, a political subdivision of the Sta.te of Florida. (herein referred to as COUNTY), and the Village of Tequesta, a municipal corporation of the Sta.te of Florida (herein referred to as the ENTITY}. WITNESSETH WHEREAS, The Departmerrt of Health, Bureau of Emergency Medical Services (EMS) is � authorized by Chapter 401, Part II, F.S., to dispense grant funds. Forty-five percent (45%) of these funds are made available to the 67 Boards of County Commissioners (BCCs) throughout the State to improve and expand pre-hospital EMS systems in their county; and WHEItEAS, EMS County �rants aze only awarded to Boards of County Commissioners (BCC), . however, each BCC is en�puraged to assess its county�vide EMS needs and establish priorities before submitting a grant applica.rion. The assessment should be coordinated with a.rea. EMS councils, when available; and WHEREAS, the COITNTY agrees to provide the ENTTTY with two (2) Video Laryngoscopes (herein after referred to as the EQLJIPMENT) from its EMS grant funds, and the ENTITY desires to accept said EQUIPMEN'T under the terms and conditions of this Interlocal Agreement and the EMS grant. � NOW, THEREFORE, in consideration of the EMS Grant agreement herein contained, COITNTY • �__ and ENTTTY agree as follows: ARTICLE 1— RECITALS The above recitals are true, correct and incorporated herein. ARTICLE 2- ENTITY AGREES A. To assume all liability and responsibility for the proper use, care and maintenance (including personnel training) of the EQUIl'MENT received pursuant to tlus Inter- local A�eement pwsuant to all applicable govemmental laws and regulations, for the entire life of the EQiJIl'MENT. This assumption of liability and responsibility sha11 apply whether or not the EQUIl'MENT is covered by any manufacturers or other wartanty. B. To comply with general requirements, and conditions of the EMS Grant pragram FY 2011-2012 attached hereto as "Attachment 1". C. That should the ENTITY cease to operate its pre-hospital emergency medical services during the life of the EQLTIl'MENT; the ENTITY sha11 immediately return the equipment to the COUNTY. D. To submit a training report to the COUNTY' S Division of Emergency Management • .- - to include a sign in sheet, date, title an� contact number of the persons trained for the �,; EQUIPMENT witlun 90 days of the effechve da.te of tlus agreement. Tlus report shall 1 Version. l include all of the necessary training provided for the equipment and will be the responsibility of the ENTTTY accepting the equipment to provide the tra,ining. • ENTITY' S failure to sa.tisfactorily complete the training in the timeframe provided sha11 constitute a breach of contract. As such, County may terminate this Interlocal Agreement and demand return of the equipment. ARTICLE 3- COUNTY AGREES TO Provide to the ENTITY two (2) Video Laryngoscopes from its 2011- 2012 grant year EMS grant funds. ARTICLE 4- REPRESENTATIVE/MONTTORING POSITION The COUNTY' S representative/Agreement monitor during the term of this Agreement shall be Sally Waite, whose telephone nwnber is (561) 712-6484. ENTITY'S representa.tive%ontact monitor during the term of the Agreement shall be James Weinand, Fire Chief, whose telephone number is (561) 768-0551. ARTICLE 5 — LIABILITY/IDEMINIFICATION Each party to this Interlocal Agreement shall be liable for its own actions and negligence. To the extent permitted by law, and without waiving sovereign immunity beyond the limits set forth at Sec. 768.28, Florida. Sta.tutes, the ENTITY agrees to indemnify, defend and hold harmless the COLTNTY against any actions, claims or damages arising out of the ENTITY' S use, care and maintenance of the laryngoscopes. t=' _ ARTICLE 6- ATTORNEY' S FEES • �_.' Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of the Agreement shall be borne by the respective parties; however, this clause pertains only to the parties vf this Imerlocal Agreement. ARTTCLE 7- FILING A copy of this Interlocal Agreement will be filed with the Clerk of Circuit Court in and for Pa1m Beach County. ARTICLE 8- FUNDING OBLIGATION That the COLJNTY'S obligation is limited to the provision of the EQUIPMENT to the ENTITY, from its FY (2011-2012) grant funds. Ongoing costs for EMS, maintenance and replacement of the equipment will not be funded under this grant program or by COUNTY. These costs remain the responsibility of �t12e ENTTTY. The County sha,ll have no further obligation to the ENTTTY or any other person or enrity. ARTICLE 9 — INSUItANCE The ENTITY shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contra�t, insurance coverage and limits (including endorsements), as described herein. The ENTiTY shall agree to provide the COUNTY with at lea.st ten (10) days prior notice of any cancellation, non-renewal or material change to the insurance covera.ge. The requirements contained herein, as well as COUNTY' S review or acceptance of insurance • maintained by the ENTITY are not intended to and shall not in any manner limit or qualify the � liabilities and obligations assumed by the ENTITY under the contra.ct. `__, 2 Version. l The ENTITY agrees to mainta.in or aclrnowleages to be self-insured for Worker's Compensation • & Employer's Liability insurance. The ENTITY sha11 agree to maintain or acknowledge to be self-insured for auto physical damage on an actual cash value ba.sis. The ENTITY sha11 agree to be fully responsible for any deductible or self-insured retention provided the damages were not caused by nor contributed by COiJNTY. The ENTITY sha11 endorse the COLTNTY as a Loss Payee for auto physical damage on fire rescue rolling stock acquired with COUNTY matching funds during the life of this Interlocal Agreement. The ENTITY agrees its general liability, automobile liability, and physical damage insurance shall be primary as respects to any coverage afforded to or maintained by COUNTY. When requested, the ENTITY shall agree to provide a Certificate of Insurance evidencing self insurance and/or sovereign immunity status, which COLTNTY agrees to recagnize as acceptable coverage for the above mentioned covera.ge's. PROFESSIONAL LIABILITY: The ENTITY sha.11 agree to ma.intain Professiona.l Liability, or equivalem Errors & Omissions Liability, at a limit of liability not less than $500,000 Per Occurrence. When a self-insured retention {SIR) or deductible exceeds $10,000, the County rsserves the right, but not the obligation, to review and request a copy of the ENTITY'S most recent annual report or audited financial sta.tement. For policies written on a"Cla.ims-Made" basis, ENTITY wa.rrants the • ; Retroactive Date equals or precedes the efFective date of this Interlocal Agreement. In the event ��_ the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event figgering the right to purchase a Supplemental Extended Reporting Period (SERP) during the tife of this Interlocal Agreement, ENTITY shall agree to purchase a SERP with a minimum reporting period not less than two (2) years. The requirement to purcha.se a SERP sha11 not relieve ENTITY of the obligation to provide replacement coverage. ARTICLE 10 - SUCCESSORS AND ASSIGNS The COiJNTY and the ENTITY each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other pariy, in respect to all covenants of this Interlocai Agreement. Except as above, neither the COLTNTY nor the ENTITY sha11 assign, sublet, convey or transfer its itrterest in this Interlocal Agreement without the prior written consent of the ather. Nothing herein sha11 be construed as creating any personal liability on the part of any officer or agent of the COUNTY, nor sha11 it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the ENTTTY. ARTICLE 11 - REMEDIES This Interlocal Agreement shall be govemed by the laws of the State of Florida. Any legal action necessary to enforce the Interlocal Agreement will be held in Pa1m Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy sha11 be cumulative and shall be in addition to every other remedy • � _. given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No 3 Version. l single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. • ARTICLE 12 - ARREARS The ENTITY sha.11 not pledge the COLTNTY'S credit or make it a guaraxttor of payrnent or surety for any Interlocal Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The ENTTTY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of tivs Interlocal Agreement. ARTICLE 13 - INDEPENDENT CONTRACTOR RELATIONSHIl' The ENTITY is, and sha11 be, under this Interlocal Agreement, an Independern Contractor, and not an employee, agent, or servant of the COUNTY. The ENTITY shall have direct supervision and control over its employees. In all aspects the ENTITY' S relationship and the relationship of its employees to the COUNTY shall be tha.t of an Independent Contractor and not as employees or agents of the COUNTY. The ENTITY does not have the power or authoriiy to bind the COUNTY in any promise, agreement, or representation. ARTICLE 14 - CONTINGENT FEES The ENTITY wamants thax it has not employed or reta.ined any company or persvn, other than a bona fide employee working solely for the ENTITY to solicit or secure this Interlocal Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the ENTITY, any fee, commission, • = percentage, gift, or any other consideration contingent upon or resulting from the award or �`_� making of this Interlocal Agreement. ARTICLE 15- ACCESS AND AUDITS The COiJNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the ENTITY'S place of business. Pa1m Beach County has esta.blished the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. T'he Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts., transactions, accounts and records, to require the production of records, and to audit, investiga.te, monitor, and inspect the activities of the ENTITY, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interFering with or impeding any investigation sha11 be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. ARTICLE 16 - NONDISCRIlVIlNATION The ENTITY wanants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, • marital status, fatnilial sta.tus, sexual orientatioq gender identity and expression. �y� ; 4 Version. l ARTICLE 17- AUTHORITY TO PRACTICE The ENTITY hereby represents and warrants that it has and will continue to maintain all licenses • and approvals required conducting its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUN'fY's representa.tive upon request. ARTICLE 18 - SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstances sha11, to any e�rtent, be held invalid or unenforceable, the remainder of this Interlocal Agreement, or tl�e application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 19 - PUBLIC ENTITY CRIlVIES As provided in F.S. 287.132-133, by entering into this contract or performin.g any work in furtherance hereof, the ENTITY cerbifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, ha.ve not been placed on the convicted vendor list mainta.ined by the 5tate of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3) (a). ARTICLE 20 - NOTICE All notices required in this Interlocal Agreement shall be sent by certified ma,il, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the • � COIJNTY, notices sha11 be addressed to: _ Sally Waite Palm Bea.ch County Division of Emergency Management 20 South Military Trail West Pa1m Beach, Florida. 33415 With copy to: Palm Beach County Attorney's Office 301 North Olive Ave. � West Palm Beach, Florida, 33405 If sent to the ENTITY, notices shall be addressed to: James Weinand, Fire Chief Village of Tequesta 345 Tequesta. Drive Tequesta, Florida 33469 ARTICLE 21 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the ENTITY agree that this Interlocal Agreement sets forth the entire Interlocal Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, su�rseded or otheiwise altered, except by written insmzment executed by the parties hereto. • � �.__ 5 Version. l ARTICLE 22 - REGULATIONS; LICENSING REQUIREMENTS: The ENTITY shall comply with all laws, ordinances and regulations applica.ble to the services • contemplated herein, to include those applicable to conflict of interest and collusion. ENTITY is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. . ARTICLE 23 - EXPIRATION OF INTERLOCAL AGREEMENT This Interlocal Agreement shall automatically expire upon the expiratian of the life of the laryngoscopes. The ENTITY shall notify the COLTNTY at such time as the useful life of each of the EQIJII'MENT has expired. At such time, the ENTTTY may dispose of said EQUIPMENT as surplus property with no further municipal purpose. ARTICLE 24- EFFECTIVE DATE This Interloca.l Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become efFective only when signed by both COUNTY and ENTITY. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida. has made and executed this Interlocal Agreement on behalf of the COUNTY and the ENTITY has hereunto set its hand the da.y a.nd year above written. APPROVED AS TO FORM AND PALM BEACH C�UNTY LEGAL SUFFICIENCY BOARD OF COUN"I'Y COM1vIISSIONERS • � _ _ ' By: By: County Attorney Vincent J. Bonvento Assistant County Administrator/ Director of Public Safety ATTEST: CITY OF PALM BEACH GARDENS By: By; Lori McWilliams, MMC, Village Clerk Thomas Paterno, Ma.yor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Keith W. Davis, Village Attorney ��� . • � > 6 Version, l Attachment 1 � GENERAL CONDITIONS AND REQ S � The EMS County grant general conditions and requirements are an integral part of the county grant agreement between the agency/organization (grantee) and the sta.te of Florida, Department of Health (grantor or department). In the event of a conflict, the following requirements sha11 always be controlling: FINANCIAL FUND ACCOUNTING: All sta.te EMS grant funds shall be deposited by the grantee in an account maintained by the grantee, and assigned a unique accounting code designa.tor for a11 grant deposits and disbursements or expenditures thereof. All sta.te EMS grant funds in the account maintained by the grantee sha11 be accounted for separately from a11 other grantee funds. USE OF COUNTY GRANT FUNDS: All state EMS gant funds shall be used between the beginning and ending dates of the grant solely for activities as outlined in the Notice of Crrant Award letter, its attachments if any, and the application including its budget with its revisions, if any, on file in the sta.te EMS office. The grantee is not restricted to staying within the line item amounts within the approved grant budget. However, the grantee must adhere to the approved total grant budget. Any expenditure • �-- . beyond this budget is the full responsibility of the grantee. � ENCUMBRANCES: Funds are encumbered on prior to the ending da.te of the gran� when the grantee transmits to a vendor a signed and approved purchase order or equivalent either physically or electronically, or the �antee receives an invoice, bill, or equivalent, either physically or electronically, from a vendor for any item or service which is clearly an approved budget line item or included within or under a line item. The encumbrance will be for the amount or upper amount range specified in the physical or electronic record of the pending transaction(s). When the grantee receives and accepts the good.s or services, payment may be paid from funds of the grant. The services or items must be received and accepted by the grantee and payment made within 60 days of the grant's ending da.te. Otherwise, the funds originally encumbered will be rolled over into the current active grant, and may be paid from the current active grant. ROLLOVERS Any unencumbered EMS county grant program funds as of the ending da.te of the grant, including interest, remaining in the assigned grantee account at the end of a grant period shall be reported to the department. The grantee will retain these funds in the EMS County Grant account and include them in a buaget revision request after receipt of approval of their next county grant application. � � • ���, 7 Version. l DISALLOWED EXPENDITURES: No expenditures are allowable as grant costs unless they are clearly specified as a line item in the • approved grant budget, including approved change requests, or are clearly included u.nder an e�sting line item. Any disallowed EMS county gra.nt expenditure shall be returned to the EMS county grant account maintained by the grantee within 40 da.ys after the department's notification. The costs of disallowed items are the responsibility of the county. Vehicles and Equipment The grantee shall own all items; including vehicles and equipment purchased with the state EMS grant funds, unless otherwise described in the approved grant applica.tion. The gran'�ee sha.11 clearly document the assignment of equipment ownership and usage; and maintain these documents so they are ava.ilable to the department. The owner of the vehicle shall be responsible for the proper insurance, licensing and, permitting and maintenance. All equipment purchased with grant funds shall continue to be used for pre-hospital EMS or the purpose for which it was purchased throughout its useful life. When any grant-funded equipment is no longer usable, it may be sold for scrap or disposed of in the customary procedure of the receiving agency. Transfer of Property A private organization owning any equipment funded through the grant program in whole or in part and purchased that equipment to provide services for a municipality, coutrl.y or other public agency ceasing operation within five years of the ending da.te of a grant awarded to the organization shall transfer the equipment or other items to the local agency. There shall be no _ cost to the recipient organization. This provision is applicable when services cease operating due • {` to an Agreement ending as well as any other reason. � �- Requests for Change After a grant has been awaxded, all requests for change shall be on DH Form 1684C EMS Crrant Program Change Request, June 2002. The grantee sha.11 obtain written approval from the department prior to making the requested changes. The following changes must be requested: 1. Changes in the project activities. 2. Redistribution of the funds between entities or equipment approved. 3. Esta.blishing a new line item in the budget. 4. Changing a salary rate more than 10%. Supplanting funds The applicant cannot propose to use grant funds to supplant or replace any county or other funding source. Funds received under the county award grant program cannot be used to fulfill the matching requirement for the matching grant program. Deposit of funds CounTy grant funds provided to an applicant shall be deposited in a separate account. All interest eam�d shall be documented on the required reports. Reports Each grantee sha11 submit two re�rts to the department. The due dates for the required reports • shall be specified in the letter from the department notifying the grantee of the grant award. � 8 Version. l These reports shall include, at a minimum, a narrative of the activities completed or the progress of grant activities during the reporting period. A report shall be submitted by the due da.te • whether or not any action or expenditures have occurred. Grant signature The authorized individual listed on page one of the application shall sign each original application. Should this not be possible before the due date a letter sha11 be submitted to the department explaining why and when the signed application shall be received. Records The grantee shall maintain financial and other documents related to the grant to support a11 revenue and expenditures. A file sha11 be maintained by the grantee, which includes a copy of the "Notice of Grant Award" letter, a copy of the application and department approved budget and a copy of all approved changes. Final Reports Within 120 da.ys of the grant ending date a final report shall be submitted to the department. The final report shall at a minimum contain a narrative describing the activities conducted including any bid or pwchasing process and a copy of all invoices, canceled checks relating to the purchase of any equipment and supplies. If the activity funded was for training a list of a11 individuals receiving the training shall be submitted along with the dates, times and location of the training. If the grant was for training to be obtained by staff then a copy of a11 invoices and payment documents for the trai.ning shall also be submitted. Communications Equipment The grantee sha11 ha.ve all communications activities, services, and equipment approved in • writing by the Department of Management Services, Information Technology Program (ITP). � j The approval shall be dated after the beg7nrung date of the grant. Any commitment to purchase ` the requested equipment and service shall also be da.ted after the beginning date of the grant. Expenditures No expenditures may be incurred prior to the grant starting da.te or after the grant ending date. Rollover funds may be used to meet expenditures prior to receipt of current year funds. CREDIT STATEMENT: The grantee ensures that where activities supported by this grant produce original writing, sound recording, pictorial reproductions, drawings or other graphic representations and works af any other nature, notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by the provider sha11 include the sta.tement: "Sponsored by [Your Organiza.tion's Naxne] and the State of Florida, Department of Health, Bureau of Emergency Medical Services." If the sponsorship reference is in written or other visual ma.terial, the words, "State of Florida, Department of Health, and Bureau of Emergency Medical Services" shall appear in the same size letter or type as the name of the grantee's organization. One complimentary copy of all such materials sha11 be sent to the department within three weeks of their reproduction and delivery to the grantee. • � �4 _, 9 Version. l If the proper credit sta.tement is not included, or if a copy of each item produced is not nrovid�d ._ 1,_ , . . _ . _ disallowed. . �- - - ---- - � ..__.,... .,,, • Where activities supported by this grant produce writing, sound recordings, pictorial reproductions, drawings, or other graphic representations and works of any similar nature, the department has the right to use, duplicate and disclose such materials in whole or in part, in any manner or purpose whatsoever and others acting on behalf of the department. If the materials so developed are subject to copyright, trademark, or patent, legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of Sta.te, for the exclusive use and benefits of the state. Pursuant to section 286.02 (1), F.S., no person, firm or corparation, including parties to this grant, shall be entitled to use the copyright, patent or trademark without the prior written consent of the Depa.rtment of State. FINANCIAL AND COMPLIANCE AUDIT REQUIREMENTS This is applicable, if the provider or grantee, hereinafter referred to as provider, is any local government entity, nonprofit organiza.tion, or for-profit organiza.tion. An audit, performed in accordance with section 215.97, F. S. by the Auditor General sha.11 satisfy the requirement of this attachment. STATE FUNDED This part is applicable if the provider is a nonprofit organization that expends a total of $100,000 or more in funds from the department during its fiscal year, which was not pa:id from a rate • Agreement based on a set state or area-wide fixed rate for service, and of which less than �:__ , $300,000 is federally funded. The determination of when a provider has "expended" funds is based on when the activity related to the awaxd occurs. The grantee agrees to have an annual financial audit performed by independent auditors in accordance with the current Government Auditing Standards issued by the Comptroller General of the United States. Such audits shall cover the entire organization for the organization's fiscal year. The scope of the audit performed shall cover the financial statetnents and include reports on internal control and compliance. The reporting package shall include a schedule that discloses the amount of expenditures and/or receipts by grant number for each gra.nt with the department in effect during the audit period. Compliance findings related to grants with the department sha11 be based on the grant requirements, including any rules, regulations, or sta.tutes referenced in the grant. The financial statements shall disclose whether or not the matching requirement was met for each applicable grant. All questioned costs and liabilities due to the department shall tie fully disclosed in the audit report with reference to the department grant _ involved. If the grantee receives funds from a grants and aids appropriation, the provider sha11 have an audit, or submit an attesta.tion sta.tement, in accordance with Section 215.97, F. S. The audit report shall include a schedule of financial assistance, which discloses each sta.te grant by number and indicates which grants are funded from sta.te grants and aids appropriations. The grantee has "received" funds when it has obtained cash from the department or when it has incurred reimbursable expenses. The �rantee ae,rees to submit the reciuired reports. • �`� �� `� ��1��; � RECORDS RETENTION The grantee shall ensure that audit working papers are made available to the department, or its • designee, upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by the department. �_ _ • ��; • 11 Version. l