Fort Walton Beach Resolution — 2023-18 Accepting Grant Funding Coral Creek Nature Trail — reading text

fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215. 97( 8),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215. 97( 2)( e), Florida Statutes, and Chapters 10. 550 ( local governmental entities) or 10. 650 ( nonprofit and for- profit organizations), Rules of the Auditor General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215. 97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215. 97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state. fl. us no later than nine months after the end of the Recipient' s audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215. 97, Florida Statutes, the cost of the audit must be paid from the Recipient' s resources ( i. e., the cost of such an audit must be paid from the Recipient' s resources obtained from other than State entities). iv. In accordance with Chapters 10. 550 ( local governmental entities) or 10. 650 ( nonprofit and for- profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399- 0405 Email: FDOTSingleAudit(a) dot. state.fl. us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399- 1450 Email: flaudgen J_ocalgovt(d)aud. state.fl. us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215. 97, Florida Statutes, and Page 8 of 14 DocuSign Envelope ID: 4F3C11D1- 19B6- 409B- 9FC5- 798AB66C3206 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATfON 525- 010- 60 PROGRAM MANAGEMENT STATE -FUNDED GRANT AGREEMENT 0912? Chapters 10. 550 ( local governmental entities) or 10. 650 ( nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10. 550 ( local governmental entities) or 10. 650 ( nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient' s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215. 97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient' s records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287. 017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287. 134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A( e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. The Recipient shall: Page 9 of 14 DocuSign Envelope ID: 4F3C11D1- 19B6- 409B- 9FC5- 798AB66C3206 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 60 PROGRAM MANAGEMENT STATE -FUNDED GRANT AGREEMENT 09122 i. Utilize the U. S. Department of Homeland Security' s E -Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and Expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U. S. Department of Homeland Security' s E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member