Okaloosa County BOCC — February 11, 2013 — EFI - Grant for OEA Match — reading text

the Project since the date of this Agreement, and for which disbursement of Funds has been received or is to be requested, compared to the anticipated expenditures since the date of this Agreement as indicated in the Schedule of Activities and Budget; (7) To the extent the same is material, a summary and explanation of any unanticipated changes among the Grantees, subcontractors, and other participants involved in the Project; and (8) A summary and explanation of any other material changes that may affect the outcome or commercial potential of the Project. (9) A report on the use of Women and Minority Vendors as described in Section 25. 10. Invoice. With each Status Report that leads to a request for award funds, the Grantee shall deliver to EFl an invoice, accompanied by a Compliance Certification Form Invoice (provided by EF1), that includes the following information: a. e. the cumulative expenditures related to the Completed Scheduled Activities for which disbursement of the Funds is requested; the cumulative expenditures related to the Partially Completed Scheduled Activities for which disbursement of the Funds is requested; the cumulative expenditures related to Completed Unscheduled Activities for which disbursement of the Funds is requested; any other unreimbursed expenditures related to Activities completed in prior Reporting Quarters or otherwise for which disbursement of the Funds is requested; and detailed receipts or documentation for all expenditures. 11. Payment. After receiving the Status Report, invoice and Compliance Certification Form and approval of the same, EFI shall disburse to the Grantee an amount equal to the cumulative amount of unreimbursed expenditures for Completed Scheduled Activities indicated therein, provided that EF! shall be required to disburse no more than the amount of anticipated expenditures related to each Completed Scheduled Activity indicated on the Budget. Within EFI’s absolute discretion, EF! also may disburse to the Grantee an amount equal to or less than one or more of the following: a. Initials the cumulative amount of unreimbursed expenditures for Partially Completed Activities indicated in the Invoice; the cumulative amount of unreimbursed expenditures for Completed Unscheduled Activity; or the amount of unreimbursed expenditures for Completed Scheduled Activities that exceeds the anticipated expenditures related thereto as indicated in the Schedule of Activities any other unreimbursed expenditures related to Activities completed in prior Reporting Quarters or otherwise related thereto as indicated in the Schedule of Page 5 of 13 Activities. With each disbursement of Funds, EFI shall deliver to the Grantee a statement indicating the amount of Funds disbursed in relation to items (a) through (d) above. If the disbursement of Funds is less than the invoice amount, EFI shall deliver to the Grantee a statement indicating the amount of Funds disbursed in relation to the Completed Scheduled Activities, the Partially Completed Scheduled Activities, the Completed Unscheduled Activities, and any other Activities and purposes. 12. Availability of Funds. EFI's obligations under this Agreement are contingent upon the continued availability to EFI of legislatively appropriated funds from the Grant Program in the amount known to EFI at the time this Agreement is executed, which amount may be used in support of this Agreement. The determination whether funds are available for the purposes of this Paragraph shall be made by EFI in its absolute discretion. 13. Final Disbursement Notwithstanding anything herein to the contrary, EFI shall release final Grant Funds of Two Thousand dollars ($2,000) or Ten percent (10%) whichever is less upon EFI’s receipt and acceptance of the Final Report required by Paragraph 15. The acceptance of final payment, and delivery of the Final Audit Report required in Paragraph 10, under this Agreement, or the acceptance of final payment upon early termination hereof, shal! constitute full and complete release of EFI by the Grantee from any and all claims, demands, and courses of action whatsoever. 14. Final Project Report Grantee shall submit a Final Project Report as part of their last quarterly status report. Final disbursement shall be made only after EFl has approved the Final Project Report, which shall include the following information: a. acertification that the Project, including all of the Activities, has been completed in compliance with the terms and conditions of this Agreement, b. acertification that the Project meets state and local construction standards, as applicable; c. the total amount of Funds received from EFI pursuant to this Agreement; d. the total amount of funds received from other sources in relation to the Project; e. the total amount of Project expenditures paid or reimbursed from the Funds; and f. anexplanation of any material changes in circumstances that may affect the outcome or commercial potential of the Project. 15. Final Audit Report. Grantee shall inform the Agreement Manager of the type of audit that will be delivered at the end of the agreement. Within forty-five (45) days following the completion of all of the Activities or termination of the grant agreement, the Grantee shall cause there to be prepared at the Grantee’s expense and delivered to EFI a final audit report of an independent certified public accountant (or a firm thereof) licensed to practice in the State of Florida, stating the professional opinion that the Grantee has complied with this Agreement (the “Final Audit Report’). In lieu of providing the Final Audit Report in such manner, if the Grantee has an annual audit by an independent certified public accountant (or a firm thereof) licensed to practice in the State of Florida, or if the Grantee has a state single audit or state project-specific audit pursuant to Section 215.97, Florida Statutes 2009 (the “Single Audit Act’), prepared for the fiscal year in which this Agreement concludes, the Grantee may provide to EFI at the time when such audit is completed (at any rate, within 120 days following the end of such fiscal year of the Grantee) a report stating the professional opinion that the Grantee has complied with this Agreement. Initials Page 6 of 13 16. Accounting Records. The Grantee shall retain and maintain all records and make such records available for an audit as may be requested. Records shall include independent auditor working papers, books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Agreement. The records shall be subject at all times to inspection, review, or audit by state personnel of DEO, Office of the Auditor General, Chief Financial Officer, Office of the Chief Inspector General, or other personnel authorized by EFI and copies of the records shall be delivered to EFI upon request. a. Grantee agrees to comply with the audit requirements of Section 215.97, Florida Statutes, and those found in Exhibit D b. Expenditures of State funds in accordance with this agreement shall be in compliance with | laws rules, regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures found at https://apps.fidfs.com/fsaa . c. This agreement may be charged only with allowable costs resulting from obligations incurred during the term of the agreement. Any balance of unobligated cash that has been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the EFI 17. Florida Single Audit Act. The Grantee acknowledges that, by entering this Agreement, it is a “sub-recipient” within the meaning of the Florida Single Audit Act, and it is subject to the provisions thereof, as well as the rules of the Executive Office of the Governor of the State of Florida, the Comptroller of the State of Florida, and the Auditor General of the State of Florida related thereto. For that reason: a. the Grantee shall allow EFI, DEO, the Comptroller, the Offices of the Chief Inspector General, and the Auditor General access to the Grantee's records and the Grantee’s independent auditor's working papers as necessary to comply with the requirements of the Florida Single Audit Act; b. the Grantee shall notify EFI if it becomes subject to a state single audit or project- specific audit pursuant to the Florida Single Audit Act; and c. the Grantee shall comply with the other requirements of the Florida Single Audit Act including providing to EFI a copy of every fiscal year audit conducted during the term of this Agreement. d. Grantee is subject to the requirements under Catalog of State Financial Assistance (CFSA) number 40.003 per the Enterprise Florida, Inc. CSFA number. For information regarding the Florida Single Audit Act, including the CSFA, Grantee should access https://apps.fidfs.com/fsaa . 18. Public Access to Records. Pursuant to Section 287.058(1)©, F.S., the Grantee shall allow public access to all documents, papers, letters or other materials made or received by Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article 1 of the State Constitution and subsection 119.07(1), F.S. It is expressly understood that EFI may unilaterally cancel this Agreement for the Grantees refusal! to comply with this provision. 19. Records Retention. The Grantee shall retain all grant records and shail ensure the retention of its independent auditor's working papers for a period of five (5) years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the five (5) year period, the records shall be retained until completion Initials Page 7 of 13 of the action and resolution of all issues which arise from it, or until the end of the five (5) years period, whichever is later. 20. Women and Minority Vendors. The Grantee is encouraged to use small businesses, including minority and women-owned businesses as subcontractors or sub-vendors under this Agreement. The directory of certified minority and women- owned businesses can be accessed from the website of the Department of Management Services, Office of Supplier Diversity. The Grantee shall report on a quarterly basis its expenditures with minority and women-owned businesses. The report shall contain the names and addresses of the minority and women-owned businesses; the aggregate dollar figure disbursed that quarter for each business; the time period; type of goods or services; and the applicable code. If no expenditures were made to minority or women-owned businesses, the Grantee shall submit a statement to this effect. 21. Subcontracts. Any and all contracts that Grantee executes with a person or organization under which such person or organization agrees to perform economic development services or similar business assistance services on behalf of Grantee, shall include provisions requiring that such person or organization report on performance, account for proper use of funds provided under the contract (including the provision of audit rights pursuant to Section 22, 23 and Exhibit D when applicable), coordinate with other components of state and local economic development systems and avoid duplication of existing state and local services and activities. Any and all contracts that Grantee executes with a person or organization shall include provisions whereby Grantee and the subcontractors agree to abide by all local, state and federal laws. Grantee shall responsibly and prudently manage all public and private funds received