Okaloosa County BOCC — May 6, 2014 — reading text

produced, the Grantee shall notify EFI. 32. NON-DISCRIMINATION; ANTI HARRASSEMENT: The Grantee shall not discriminate unlawfully against any individual employed in the performance of this Agreement because of race, religion, color, sex, physical handicap unrelated to such person’s ability to engage in this work, national origin, ancestry, or age. Grantee shall provide a harassment-free workplace, with any allegation of harassment to be given priority attention and action. 33. PUBLIC ENTITY CRIME LSIT; DISCRIMINATORY VENDOR LIST: To the extent required by the Florida Statues 287.134(3)(a), the Grantee acknowledges notice of the requirements of Sections 287.134(2)(b), Florida Statutes. To its knowledge, the Grantee has not been placed on the discriminatory vendor list described by Section 287.134, Florida Statutes. To the extent required by Florida Statutes 287.133(2)(a), the Grantee affirms that it is aware of the provisions of Florida Statutes 287.133(2)(b). Grantee affirms that at no time has it been convicted of a Public Entity Crime and agrees that any such conviction during the term of this Agreement may result in termination of this Agreement. 34. UNAUTHORIZED ALIENS: EFI shall consider the employment by any Grantee or subcontractor of unauthorized aliens as described by Section 274A(e) of the Immigration and Nationalization Act cause for termination of this Agreement. 35. LOBBYING: Grantee shall not sue any funds received pursuant to this Agreement for lobbying the Florida Legislature, the judicial branch or any state agency. 36. FAILURE OF SATISFACTORY PERFORMANCE: EFI’s obligation to pay the Funds to Grantee hereunder is contingent upon EFI’s receipt when due and approval of all Status Reports, Invoices, and other reports required under this Agreement, the Grantee’s satisfactory completion of the Activities, and the satisfactory performance of the Grantee’s obligations under this Agreement, as determined by EFI in its reasonable discretion. EFI may terminate this Agreement, or reduce the amount of the Funds, at any time for the Grantee’s breach of any term herein or failure to provide satisfactory performance hereunder, as determined by EFI, without warning or notice. 37. NOTICES: All notices between the parties provided for herein shall be by either confirmed facsimile transmission, confirmed electronic mail, business mail service, or certified mail, return receipt requested, delivered to the following address of each party: Marcella B. Eubanks 1804 Lewis Turner Blvd. Ste 206 Ft. Walton Beach, FL 32547 38. WAIVER: Page 9 of 13 Packet Pg. 410 No failure or delay on the part of EFI in exercising any power or right under this Agreement and no course of dealing or course of performance between EFI and the Grantee shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Grantee in any case shall entitle it to any notice or demand in similar or other circumstances. 39. MODIFICATION: This Agreement may not be altered, modified, or changed in any manner, except pursuant to a written agreement executed and delivered by each of the parties. Modification of the grant purpose or goals must be approved by EFI. Additionally, any such modification, amendment or change shall be effective on the date of delivery or such later date as the parties may agree therein. 40. COMPLETE AGREEMENT: This Agreement, with all exhibits hereto, constitutes the entire agreement between the parties and supersedes all agreements representations, warranties, statements, promises and understandings, whether oral or written, with respect to the subject matter, and neither party shall be bound by any oral or written agreements, representations, warranties, statements, promises, or understandings not specifically set forth in this Agreement. 41. COUNTERPARTS: This Agreement may be executed in counterparts and shall be of the same force and effect as if all parties had executed one copy of the Agreement. In addition, to facilitate completion and execution of the Agreement, faxed signatures shall be of the same force and effect as original signatures. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. “EFI” “GRANTEE” ENTERPRISE FLORIDA, INC. __________________________ ________________________________ Gray Swoope Charles K. Windes, Jr., Chairman, Board of County Commissioners President, CEO Printed: __________________________ Or – Designee Title: Date_____________________ Date ____________________________ Page 10 of 13 Packet Pg. 411  EXHIBIT LIST FOR DEFENSE INFRASTRUCTURE GRANT AGREEMENT Exhibit A Grant Application Exhibit B Schedule of Activities Exhibit C Award Announcement Exhibit D Special Audit Requirements Page 11 of 13 Packet Pg. 412  EXHIBIT D SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Enterprise Florida (EFI) to Grantee may be subject to audits and/or monitoring by EFI or by Department of Economic Opportunity (DEO), as described in this section. MONITORING By entering into this agreement, the Grantee agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by EFI. In the event EFI determines that a limited scope audit of the recipient is appropriate, Grantee agrees to comply with any additional instructions provided by EFI to Grantee regarding such audit. Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by DEO, the Chief Financial Officer, Auditor General, or Chief Inspector General. Grantee shall permit access to the Grantee’s records and independent auditor’s working papers as necessary to comply with the requirements of this Agreement. AUDITS 1. In the event that Grantee expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $500,000 in any fiscal year of Grantee, Grantee must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes (the Single Audit Act); applicable rules of the Executive Office of the Governor and the Chief Financial Officer, and Chapter 10.650, Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, Grantee shall consider all sources of State awards, including State funds received from EFI, except that State financial assistance received by a non-state entity for Federal program matching requirements shall be excluded from consideration. The CSFA number for Defense Infrastructure is 40.003, Local Economic Development Initiatives is 40.012, Military Base Protection, Defense Reinvestment and Defense Support Task Force is 40.014, Economic Development Projects (CAMACOL) and Advocating International Relationships (SEUS/Japan & FLOR-KOR) is 40.016. 2. In connection with the audit requirements, Grantee shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. 3. If Grantee expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of the Single Audit Act is not required. In the event that Grantee expends less than $500,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of the Single Audit Act, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Grantee funds obtained from other than State entities). 4. Grantee must include the record keeping requirements found herein in sub-recipient contracts and subcontracts entered into by Grantee for work required under terms of this Agreement. In the executed subcontract, Grantee shall provide each sub-recipient of state financial assistance the information needed by the sub-recipient to comply with the requirements of the Single Audit Act. Pursuant to Section 215.97(7), Florida Statutes, Grantee shall review and monitor sub- recipient audit reports and perform other procedures as specified in the agreement with the sub- recipient, which may include onsite visits. Grantee shall require sub-recipients, as a condition of receiving state financial assistance, to permit the independent auditor of the recipient, the awarding agency, the Chief Financial Officer, the Chief Inspector General, and the Auditor General access to the sub-recipient’s records and independent auditor’s working papers as necessary to comply with the requirements of the Single Audit Act. Page 12 of 13 Packet Pg. 413  5. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), the recipient should access the website for the Governor's Office located at https://apps.fldfs.com/fsaa for assistance. REPORT SUBMISSION Copies of audit reports conducted in accordance with the audit requirements contained herein shall be submitted to the parties set out below. The annual financial audit report shall include all management letters and Grantee’s response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. The complete financial audit report, including all items specified above, shall be sent directly to: Heather Cave, Enterprise Florida, Inc. 1030 East Lafayette Street, Suite 9 Tallahassee, FL 32301 and Pamela Murphy Enterprise Florida, Inc. 800 N. Magnolia Ave., Suite 1100 Orlando, Florida 32803 and Elizabeth Walker Department of Economic Opportunity