HomeMy WebLinkAboutDEO Funding Agmt Program Effective 9-23-13 i
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FUNDING AND PROGRAM AGREEMENT
BETWEEN
THE DEPARTMENT OF ECONOMIC OPPORTUNITY
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CITY OF CAPE CANAVERAL
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THIS FUNDING AND PROGRAM AGREEMENT ("Agreement"), by and between the
DEPARTMENT OF ECONOMIC OPPORTUNITY (herein after referred to as the
"DEPARTMENT") located at 107 East Madison Street, Tallahassee, Florida 32399-4120, and the
City of Cape Canaveral (herein after referred to as the "RECIPIENT"),located at 105 Polk Avenue,
I Cape Canaveral, Florida 32920, is made and entered into as of the date last signed below (the
I" "Effective Date"). The DEPARTMENT and the RECIPIENT are sometimes hereinafter referred
to as a"Party" and collectively as the "Parties."
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RECITALS
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WHEREAS, the 2013 Legislature appropriated recurring funds (the "Funds") from the Grants and
Donations Trust Fund for the purpose of providing technical assistance to local governments for
implementation of growth management planning efforts; and
WHEREAS, the RECIPIENT acknowledges that this is a performance based funding program and
represents that it possesses the requisite skills, knowledge,qualifications and experience to perform
the tasks described herein;and
WHEREAS, the DEPARTMENT and the RECIPIENT desire to enter into this Agreement with
regard to the implementation of the funding and programs described herein;
NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein,
the Parties agree as follows:
1. PARTIES:
The Parties and their respective addresses for purposes of this Agreement are as follows:
For the DEPARTMENT:
4' Department of Economic Opportunity
Division of Community Development
107 East Madison Street,MSC 160
Tallahassee,Florida 32399-4120
Telephone Number (850) 717-8475
Facsimile Number (850) 717-8522
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For the RECIPIENT:
b City of Cape Canaveral
105 Polk Avenue
Cape Canaveral,Florida 32920
IPhone: (321) 868-1206
Email: b.brown @cityofcapecanaveral.org
2. AGREEMENT MANAGERS:
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I The Parties each hereby appoint an Agreement Manager to facilitate the terms of this Agreement.
All written approvals referenced in this Agreement must be obtained from the Parties' Agreement
Managers or their designees. The DEPARTMENT Agreement Manager is Beth Frost and may be
reached at telephone number (850) 717-8487. The RECIPIENT Agreement Manager is Barry
Brown and may be reached at telephone number (321) 868-1206. Either Party may change its
Agreement Manager at any time by written notice to the other.
3. TERM:
This Agreement will commence as of the date last signed below (the "Effective Date") and, unless
earlier terminated pursuant to the terms hereof, will expire on June 30, 2014. The RECIPIENT
acknowledges this Agreement is subject to the availability of funds, legislative appropriations,
statutory changes, and further conditioned upon its satisfactory performance of all duties and
obligations hereunder,as determined by the DEPARTMENT.
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4. NOTICES:
a. All notices provided under or pursuant to this Agreement shall be in writing delivered to the
1 Agreement Manager identified in paragraph 2 of this Agreement. Any such notice, demand,request,
1 or other communication shall be effective only if and when it is received by the Agreement Manager.
b. If the RECIPIENT is unable to perform any service or is unable to make use of any funds
awarded for a service provided for under this Agreement, the RECIPIENT shall share this
information with the DEPARTMENT within five (5) working days of the RECIPIENT's discovery
of the shortfall.
5. AMENDMENT AND MODIFICATION:
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a. This Agreement may not be altered, modified, amended, or changed in any manner, except
pursuant to a written agreement executed and delivered by each of the Parties. 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.
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b. Modification of this Agreement or any notices permitted or required under this Agreement may
be made by facsimile or other electronic transmission. Receipt of the facsimile transmission shall for
the purposes of this Agreement be deemed to be an original,including signatures.
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6. EXHIBITS:
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Attached to and made a part of this Agreement are the following Exhibits; each of which is
4. incorporated into and is an integral part of this Agreement:
Exhibit A Scope of Work
Exhibit B Payment Plan
Exhibit C Audit Requirements
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7. DUTIES AND OBLIGATIONS:
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a. The RECIPIENT shall develop and implement programs and strategies, including but not
limited to, those services, programs, and activities more particularly described in Exhibit A, Scope of
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b. The RECIPIENT shall avoid duplication of existing state and local services and activities and
make a diligent effort to coordinate with other components of state and local economic
development initiatives in connection with the development and implementation of the services,
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programs,and activities under this Agreement.
c. Advertisements or other promotional materials funded by this Agreement will include reference
and credit to the DEPARTMENT.
8. PAYMENT:
a. Payments under this Agreement will be made to the RECIPIENT in accordance with applicable
Florida laws and the General Appropriations Act for Fiscal Year 2013/14. The RECIPIENT
acknowledges and agrees that only costs incurred on or after the Effective Date are eligible for
t payment under the funding of this Agreement. The RECIPIENT acknowledges that all funding
under this Agreement shall be expended pursuant to this Agreement. Funding shall be distributed
pursuant to the schedule shown in Exhibit B, Payment Plan. All payments shall be subject to the
terms of this Agreement, including the Exhibits and the terms governing sanctions. With regard to
the use of funding provided under this Agreement,the RECIPIENT agrees as follows:
1. The funds shall be used to provide the deliverables identified in Exhibit A, Scope of Work.
2. The funds shall be used only for allowable expenditures.
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3. The RECIPIENT shall refund to the DEPARTMENT any balance of unobligated funds
which have been advanced or paid to the RECIPIENT.
4. The RECIPIENT shall refund to the DEPARTMENT all funds paid in excess of the
I amount to which the RECIPIENT or its subcontractors are entitled under the terms and
conditions of this Agreement.
b. Payments may be made to the RECIPIENT upon receipt and approval by the DEPARTMENT
of: (1) an original invoice; (2) deliverables as described in Exhibit A, Scope of Work; and (3) any
additional documents required by this Agreement to have been submitted.
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1 C. Financial Consequences: In the event one or more of the proceeding conditions are not met,
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'/ the DEPARTMENT shall provide to the RECIPIENT a statement that includes the reasons for
j which payment is not being made as requested per the invoice. If applicable, such a statement shall
1 also identify the additional actions the RECIPIENT must accomplish before payment will be made,
which actions may require the RECIPIENT to agree to revision of the deliverables. Failure to
submit any report or required supporting documentation for each deliverable will result in a penalty
of$50 per business day for each missing item until received. Upon the RECIPIENT's completion
l of such additional actions,if applicable,and the DEPARTMENT's reasonable approval of the same,
the DEPARTMENT shall disburse to the RECIPIENT an amount equal to the amount requested
I for disbursement in the invoice or such other amount as the DEPARTMENT deems to be
/ consistent with the deliverables provided, whether or not revised, wholly within the
I DEPARTMENT'S discretion.
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i 9. REPORTS:
a. The RECIPIENT shall submit to the DEPARTMENT all reports and information, required in
Exhibit A,Scope of Work. The documents, reports, and services called for in Exhibit A, Scope of Work,
and other documents or information required by this Agreement must be received and accepted by
the DEPARTMENT before payments to the RECIPIENT shall be due or payable.
b. The DEPARTMENT expressly reserves the right to withhold payment to the RECIPIENT until
the documents, reports, and services required under this Agreement and by law are complete and
I acceptable to the DEPARTMENT. If this Agreement is extended or renewed beyond the original
Agreement period, additional documents, reports, and services in accordance with the requirements
of Exhibit A, Scope of Work, and other documents requested by the DEPARTMENT to cover the
extended Agreement period shall be submitted by the RECIPIENT.
10. AVAILABILITY OF FUNDS:
The DEPARTMENT's performance and obligation to pay under this Agreement is contingent upon
an appropriation by the Legislature of the State of Florida for the specific purpose of funding the
DEPARTMENT's obligations under this Agreement. In the event of a state revenue shortfall, the
l total funding may be reduced accordingly. The DEPARTMENT,in accordance with direction from
the Governor and Legislature, shall be the final determiner of the availability of any funds.
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i 11. BUDGET:
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Upon Agreement execution, the RECIPIENT shall submit to the DEPARTMENT for review, a
line item budget for the project described in Exhibit A, Scope of Work, specifying the intended uses of
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the State's operating investment.
12. WOMEN AND MINORITY VENDORS:
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The RECIPIENT 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 RECIPIENT shall report on a quarterly
basis its expenditures with minority and women-owned businesses. The report shall contain the
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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
RECIPIENT shall submit a statement to this effect.
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13. SUBCONTRACTS:
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I a. The RECIPIENT shall be responsible for all work performed and all expenses incurred in
connection with the development and implementation of the services,programs, and activities under
this Agreement.
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1 b. The RECIPIENT may, as appropriate and in compliance with applicable law, subcontract the
performance of the services set forth in this Agreement, including entering into subcontracts with
Ivendors for services and commodities,provided, however, that the RECIPIENT shall be solely liable to
the subcontractor for all expenses and liabilities incurred under any subcontract. The RECIPIENT
shall not enter into subcontracts in which the DEPARTMENT could be held liable to a
subcontractor for any expenses or liabilities. THE RECIPIENT shall defend and hold the
DEPARTMENT harmless of any liabilities incurred under any of the subcontracts entered into by
the RECIPIENT. The RECIPIENT shall be liable for all work performed and all expenses incurred
as a result of any subcontract.
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i c. Any and all contracts that the RECIPIENT executes with a person or organization under which
such person or organization agrees to perform economic development services or similar business
1 assistance services on behalf of the RECIPIENT 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 19,AUDITING RECORDS, Section 20,
ACCESS TO RECORDS,and Exhibit C,AUDIT REQUIREMENTS when applicable),coordinate
with other components of state and local economic development systems, and avoid duplication of
existing state and local services and activities.
d. Any and all contracts that the RECIPIENT executes with a person or organization shall include
provisions whereby the RECIPIENT and the subcontractors expressly agree to abide by all local,
state, and federal laws.
e. The RECIPIENT will provide the DEPARTMENT with a list and copies of all material
subcontracts, which means those entered into necessary to the performance of the RECIPIENT's
functions and duties related to its core mission, issued in conjunction with the projects undertaken
and funds expended in the performance of this Agreement. The RECIPIENT need not provide,
unless specifically requested by the DEPARTMENT, non-material contracts entered into for the
normal operation of the RECIPIENT.
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14. INDEPENDENT CAPACITY OF CONTRACTOR:
a. The Parties agree that the RECIPIENT, its officers, agents, and employees, in performance of
this Agreement, shall act in the capacity of an independent contractor. The RECIPIENT agrees to
take such steps as may be necessary to ensure that each subcontractor of the RECIPIENT will be
deemed to be an independent contractor and will not be considered or permitted to be an agent of
the State of Florida.
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b. The RECIPIENT shall not pledge the State of Florida's nor the DEPARTMENT's credit nor
make the State of Florida or the DEPARTMENT a guarantor of payment or surety for any contract,
debt,obligation,judgment lien,or any form of indebtedness.
15. LIABILITY:
j The DEPARTMENT shall not assume any liability for the acts, omissions to act, or negligence of
the RECIPIENT, its agents, servants, or employees. In all instances, the RECIPIENT shall be
responsible for any injury or property damage resulting from any activities conducted by the
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RECIPIENT.
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16. INDEMNIFICATION: (NO 1 E: If Recipient is a state agency or subdivision, as defined in
subsection 768.28(2), F.S., pursuant to subsection 768.28(19), F.S., neither Party indemnifies or
insures the other Party for the other Party's negligence.
The RECIPIENT, shall indemnify and hold the DEPARTMENT harmless to the extent permitted
by section 768.28, F.S., from and against any and all claims or demands for damages resulting from
personal injury, and damage to real or personal tangible property. Without exception, the
RECIPIENT will indemnify and hold harmless the State of Florida and its employees and agents
from liability of any nature or kind, including costs and expenses for or on account of any
copyrighted, patented, or unpatented invention, process, or article manufactured by the
RECIPIENT.
17. NON-EXCLUSIVE RELATIONSHIP:
The relationship between the Parties is a non-exclusive one which allows the RECIPIENT to
engage in other activities, provided that all of the terms and conditions under this Agreement are
strictly observed,including the avoidance of conflicts of interests.
18. RESPONSIBILITIES OF GOVERNING BOARD OR AUTHORITIES:
The Parties agree that any information,including updates, reports,publications, studies, and any and
all reasonably requested information, that is required by federal, state or local law shall be approved
by those persons having the authority to do so prior to submission, and shall be signed only by
1 those persons having the legal authority to do so or appropriately ratified by such an authority.
19. AUDITING RECORDS:
a. The RECIPIENT 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 the Office of the Auditor General, Chief Financial Officer, Office of
the Chief Inspector General, or other
personnel authorized by the DEPARTMENT and copies of the records shall be delivered to the
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DEPARTMENT upon request.
b. The RECIPIENT agrees to comply with the audit requirements of Section 215.97, Florida
x Statutes, and those found in Exhibit C,Audit Requirements. This provision is applicable because the
RECIPIENT qualifies as a non-state entity as defined in Section 215.97(2)(m),Florida Statutes.
c. The RECIPIENT shall include the audit and record keeping requirements described above and
in Exhibit C in all subcontracts and assignments with sub-recipients of State funds according to
Section 215.97,Florida Statutes. For purposes of this Agreement, "subrecipient" shall be defined in
accordance with Section 215.97(2)(x),Florida Statutes.
Id. The RECIPIENT shall maintain financial records related to funds paid by the RECIPIENT to
any parties for work on the matters that are the subject of this Agreement as required by law. The
RECIPIENT shall submit a written independent audit report to the DEPARTMENT specifically
' covering the period of Agreement expenditures pursuant to Sections 215.97 and 11.45, Florida
Statutes,and other relevant laws.
e. The RECIPIENT must provide copies of any audit referencing this Agreement, the audit
transmittal letter, and any response to such audit to the DEPARTMENT within thirty (30) days of
receipt by the RECIPIENT.
f. Expenditures of state funds in accordance with this Agreement shall be in compliance with all
laws, rules and regulations applicable to expenditures of state funds that are in effect at the time of
any such expenditure, including, but not limited to, the Reference Guide for State Expenditures
1 found at http://www.fldfs.com/aadir/reference-guide/reference-guide.htm.
g. The DEPARTMENT 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
I advanced or paid that is not authorized to be retained for direct program costs in a subsequent
period must be refunded to the state.
h. The RECIPIENT shall inform the DEPARTMENT of the type of FINAL AUDIT REPORT
that will be delivered at the end of the Agreement. Acceptable audits include:
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1. Within forty-five (45) days following the completion of all of the Activities the RECIPIENT
I shall cause to be prepared at the RECIPIENT's expense and delivered to the
DEPARTMENT 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
RECIPIENT has complied with this Agreement (the Final Audit Report).
2. In lieu of providing the Final Audit Report in such manner,if the RECIPIENT 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 RECIPIENT has a state single audit or state project-
specific audit pursuant to Section 215.97, Florida Statutes (the Florida Single Audit Act),
prepared for the fiscal year in which this Agreement concludes,the RECIPIENT may
provide to the DEPARTMENT at the time when such audit is completed (but not more
than nine (9) months following the end of the fiscal year of the RECIPIENT a report stating
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a professional opinion that the RECIPIENT has complied with this Agreement.
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i 20. ACCESS TO RECORDS:
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a. The DEPARTMENT may perform on-site reviews to independently validate any information or
reports submitted to the DEPARTMENT. The RECIPIENT shall allow the DEPARTMENT's
Agreement Manager and other DEPARTMENT-authorized personnel access to any information
and any other documents requested by the DEPARTMENT for purposes of monitoring the
RECIPIENT's performance.
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b. The RECIPIENT shall, subject to the provisions of Chapter 119, Florida Statutes, and other
relevant laws, permit public access to all documents or other materials prepared, developed or
received by it in connection with the performance of its obligations or the exercise of its rights
j under this Agreement. This Agreement may be terminated by the DEPARTMENT if the
RECIPIENT fails to allow such public access.
1 21. GOVERNING LAW:
This Agreement is executed and entered into in the State of Florida, and shall be construed,
performed, and enforced in all respects in accordance with the laws and rules of the State of Florida.
Any litigation arising under this Agreement shall be brought in the appropriate court in Leon
County,Florida, applying Florida Law.
22. STRICT COMPLIANCE:
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The RECIPIENT agrees that all acts to be performed by it in connection with this Agreement must
be performed in strict conformity with all local, state and federal laws and regulations.
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23. BREACHES AND REMEDIES:
a. In the event that the RECIPIENT fails to comply with any of the terms of this Agreement, the
DEPARTMENT may exercise any remedies available at law or in equity, including, without
limitation the right to (i) withhold and/or reduce funding to the RECIPIENT, and (ii) terminate this
Agreement in accordance with the terms hereof.
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b. In the event that the Department determines that a material default by Recipient of the
1 performance of a duty, obligation, covenant, or agreement imposed on it or made by it in this
Agreement or by law has occurred, the Department will provide notice and an opportunity to cure.
Unless the notice states otherwise,based upon the Department's determination that the default must
I be cured immediately, the notice shall provide fifteen (15) calendar days following the date of notice
I within which to initiate action to correct the default and thirty Y (30) calendar days following the date
of notice of default to either cure the default or demonstrate to the Department's satisfaction that
corrective action is being taken that will likely result in curing the default within a period of time that
the Department agrees is reasonable. In the event that the Recipient fails to cure the default within
I the timeframe established above, the Department may exercise any remedy available to it under the
law or in equity, including, without limitation the right to terminate this Agreement immediately
i upon notice to the Recipient.
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c. Subject to compensation due the RECIPIENT for any work satisfactorily completed prior to any
notice of termination, following the termination of this Agreement, all funds which as of that date
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revert to the State of Florida General Revenue Fund. The requirement for the return of and
method of repayment of any remaining funds shall be at the sole discretion of the DEPARTMENT.
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24. DISPUTE RESOLUTION:
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I The Parties agree they will seek to resolve any disputes between them regarding their responsibilities
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1 as soon as possible and at the lowest level reasonable, in order to conserve the resources of the
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Parties. The Parties further agree to use their best efforts to assure speedy and non-confrontational
1 resolution of any and all disputes between them. If informal efforts are unsuccessful, the Parties
agree to engage a mutually accepted volunteer mediator to assist them in resolving any outstanding
issues. If within a reasonable time after engaging a mutually accepted volunteer mediator, the
Parties are unable to resolve any outstanding issues, the Parties agree that formal resolution,
a including but not limited to any remedies available at law or in equity may be sought. This
paragraph shall not be construed as a limitation on paragraph 16, INDEMNIFICATION.
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I25. SEVERABILITY:
If any term or provision of this Agreement is found to be illegal, invalid, or unenforceable, then
Isuch term or provision shall be severed from this Agreement. This Agreement and the rights and
obligations of the Parties shall be construed as if this Agreement did not contain such severed term
I or provision, and this Agreement otherwise shall remain in full force and effect.
26. PRESERVATION OF REMEDIES:
INo delay or omission to exercise any right, power, or remedy accruing to either Party upon breach
or default under this Agreement will impair any such right,power, or remedy of either Party, nor will
j such delay or omission be construed as a waiver of any such breach or default or any similar breach
or default.
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1 27. DISCRIMINATORY VENDOR:
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The RECIPIENT affirms that it is aware of the provisions of Section 287.134(2)(a),Florida Statutes,
and that at no time has the RECIPIENT been placed on the Discriminatory Vendor List. The
RECIPIENT further agrees that it shall not violate such law during the term of this Agreement.
I The RECIPIENT shall insert a provision in accordance with this Section, in all subcontracts for
Iservices in relation to this Agreement.
1 28. NON-DISCRIMINATION:
The RECIPIENT shall not discriminate against any employee employed in the performance of this
Agreement, or against any applicant for employment because of age, race, sex, creed, color,
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handicap, national origin,or marital status
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29. HARASSMENT-FREE WORKPLACE:
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The RECIPIENT shall provide a harassment-free workplace, with any allegation of harassment
given priority attention and action by management. The RECIPIENT shall insert a provision in
accordance with this Section,in all subcontracts for services in relation to this Agreement.
30. PUBLIC ENTITY CRIMES:
The RECIPIENT affirms that it is aware of the provisions of Section 287.133(2)(a),Florida Statutes,
and that at no time has the RECIPIENT been convicted of a Public Entity Crime. The
RECIPIENT agrees that it shall not violate such law and further acknowledges and agrees that any
conviction during the term of this Agreement may result in the termination of this Agreement in
accordance with Section 287.133(4). The RECIPIENT shall insert a provision in accordance with
this Paragraph in all subcontracts for services in relation to this Agreement.
31. UNAUTHORIZED ALIENS
The DEPARTMENT will consider the knowing employment of unauthorized aliens, as described in
Section 274A(e) of the Immigration and Nationality Act,. by any RECIPIENT,cause for termination
of this Agreement. Paragraph 23.b. does not apply regarding the employment of unauthorized
aliens. The RECIPIENT shall insert a provision in accordance with this Section in all subcontracts
for services in relation to this Agreement
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32. LOBBYING:
a. The RECIPIENT shall not use any funds received pursuant to this Agreement for lobbying the
Florida Legislature, the judicial branch, or any state agency. Pursuant to section 11.062, Florida
Statutes, the RECIPIENT shall insert a provision in accordance with this Section in all subcontracts
for services in relation to this Agreement.
b. The RECIPIENT will keep the DEPARTMENT apprised on a current basis regarding requests
for testimony or its participation in Congressional, Legislative, and/or other state or federal
hearings, agency meetings, committees, task forces, etc. The RECIPIENT will include reports of its
participation in such events in the quarterly reports described in Exhibit A.
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33. ATTORNEY FEES:
Unless authorized by law and agreed to in writing by the DEPARTMENT, the DEPARTMENT
shall not be liable to pay attorney fees,interest,or costs.
34. NON-ASSIGNMENT:
a. Except as otherwise provided in this Agreement, the RECIPIENT may not assign, delegate, nor
otherwise transfer its rights, duties, or obligations under this Agreement without the prior written
consent of the DEPARTMENT, which consent will not be unreasonably withheld. Any
assignment, delegation, or transfer in violation of this paragraph is void ab initio. The RECIPIENT
hereby agrees that it shall remain responsible for all work performed and all expenses incurred in
connection with this Agreement,regardless of any and all assignment,delegation, or transfer.
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b. The DEPARTMENT shall at all times be entitled to assign or transfer its rights, duties, or
obligations under this Agreement to another governmental agency in the State of Florida, upon
giving prior written notice to the RECIPIENT.
35. ENTIRE AGREEMENT:
This Agreement and the attached Exhibits A, B, and C, constitute a complete and exclusive
statement of the terms and conditions of the Agreement and supersede and replace any and all prior
negotiations, understandings and agreements, whether oral or written, between the Parties with
respect thereto. Except as expressly provided in this Agreement, no term, condition, usage of trade,
1 course of dealing or performance, understanding or agreement purporting to modify, vary, explain
or supplement the provisions of this Agreement shall be effective or binding upon the Parties unless
agreed to in writing by the party against whom enforcement is sought.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by
their undersigned officials as duly authorized.
THE DEPARTMENT: DEPARTMENT OF ECONOMIC
1 OPPORTUNI
WILLIAM B. KILLINGSWORTH
Director,Divi ion of Community Development
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DAT 6013
6.4e/tik) &1th
WITNESS
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Approved as to Form and Legal Sufficiency,
Subject Only to Full and Proper Execution
by the Parties
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
By: 0'0 L.�A'ra
THE RECIPIENT: CITY OF CAPE CANAVERAL
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David L. Greene
Print/Type Name
City Manager
Title
DA E: 9/11/2013
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WITNESS
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Exhibit A
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Scope of Work
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1 Mixed-use developments are becoming a common practice in Florida. A mixed-use development
integrates retail and commercial uses, as well as public spaces, with residential development,
suburban infill sites, and new towns or neighborhoods. Mixed-use developments can take different
forms, including neighborhood commercial centers and smaller town main streets with residences
above retail and offices, higher density urban mixed-use town centers, conversion of single-use malls
and strip centers to create a town center where none existed before, and new towns or
neighborhoods. By providing a mix of uses, such as shopping, parks, and opportunities for
employment and entertainment in close proximity to where people live, traffic is reduced because
many needs are within walking or bicycling distance of residences, earning mixed-use developments
the title of places to live,work,shop, and play. In addition, opportunities for transit are enhanced.
Subsequent to a Community Visioning held in 2009, the City of Cape Canaveral made a
1 commitment to economic development and job creation. A plan for redevelopment was
implemented that resulted in creation of a Community Redevelopment Agency (CRA),
1 establishment of a Brownfield Redevelopment Program, and adoption of a development Zoning
Overlay for commercial areas of the city. The Comprehensive Plan was also amended through the
EAR-based amendment process to recognize the need for mixed use development. The next step in
the planning process is the creation of mixed use land use designations and zoning district
regulations.
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1 Cape Canaveral is a 1.9 square mile barrier island community between the Atlantic Ocean and the
Banana River that is 93% developed. Our CRA Finding of Necessity revealed that 56% of the City
is in need of redevelopment. The City's objective is to attract high quality
development/redevelopment that maximizes and efficiently uses the limited remaining development
opportunities. The city's interest is for the type of development that will provide services desired by
residents and visitors,create quality jobs,and increase the tax base.
TASK 1. INITIAL REVIEW AND ANALYSIS
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A. Documentation: The Consultant will familiarize themselves with City supplied
documentation of the physical details of the city including topography, environmental
features, wetlands, view sheds and corridors, existing and proposed infrastructure, and built
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environment. The Consultant will review all pertinent resources with City staff.
B. Project Analysis: The Consultant will analyze and document the historic patterns of
architecture and urbanism in Cape Canaveral (as appropriate) and the surrounding region.
The analysis need not be exhaustive but adequate to form the basis for zoning and design
recommendations.
1 C. Scope of Issues: The Consultant will draft a scope of issues and refined project timeline to
be addressed with the staff.
D. Public Meeting: The Consultant will assist staff with preparation of a public informational
meeting to introduce the project intent, mixed-use development components, and to seek
guidance on the identification of goals, objectives,issues, concerns, opportunities, etc.
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These activities are in preparation for Tasks 2 and 3. There are no deliverables for Task 1.
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TASK 2. COMPREHENSIVE PLAN AMENDMENT
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Data and Analysis: Consultant will prepare goals, objectives, and polices related to the
establishment of the mixed use land use designation on the future land use map. The
Consultant will prepare the requisite supporting data and analysis for the goals, objectives, and
policies.
Public Hearing: The Consultant will prepare for and attend public hearings to transmit the draft
comprehensive plan amendment to the State Land Planning Agency.
Deliverables: Proposed Comprehensive Plan Amendment including data and analysis, goals,
objectives and policies. (due February 28,2014)
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TASK 3. DRAFT PRODUCTS
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A. Zoning Ordinance: The Consultant will draft a Mixed-Use Development District Ordinance
to enable a mixture of uses including housing,retail, commercial,and office space,which are
I consistent with the vision set forth in the 2009 Community Visioning and the
Jcomprehensive plan. The City desires an ordinance that moves away from a strict list of
1 permitted uses and bulk area requirements and instead focuses on placemaking and scale.
g The city does not desire a conventional zoning district based on automobile transportation
and the separation of uses. The ordinance shall be adoption ready and expected to be
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included within the manual as a model ordinance.
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Note: All components of the Mixed-Use Development District Ordinance will be integrated
I into Cape Canaveral's existing zoning and development regulations in a manner that ensures
procedural consistency, meshes with state and local legal requirements, provides clarity as to
the applicability of existing regulations, and maximizes the effectiveness of the zoning code.
B. Maps: The Consultant will generate necessary background maps as needed throughout the
project. The City of Cape Canaveral will provide base map information including
I geodatabase and shape files from Brevard County Geographic Information System, as
I needed.
Deliverables: Mixed-Use Development District Ordinance and Mixed-Use Development
Overlay District Map. (due May 30,2014)
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Exhibit B
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I Payment Plan
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Payments shall be made in accordance with the Scope of Work (Exhibit A),based on acceptance
and approval of deliverables by the Department of Economic Opportunity according to the
Ischedule below. No partial or pro-rated payments will be made without prior written modification
I in accordance with Section 5 of this Agreement.
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Deliverable Due Date Payment
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of Deliverable Amount
Task 2: Proposed Comprehensive Plan Amendment,
including data and analysis,goals, objectives and policies, as February 28,2014 $6,000
described in the Scope of Work (Exhibit A)
Task 3: Mixed-Use Development District Ordinance and
Mixed-Use Development Overlay District Map as described May 30,2014 $12,000
in the Scope of Work (Exhibit A)
TOTAL $18,000
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Exhibit C
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AUDIT REQUIREMENTS
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The administration of resources awarded by DEO to the recipient may be subject to audits and/or
monitoring by DEO as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include,
i but not be limited to, on-site visits by DEO staff, limited scope audits as defined by OMB
Circular A-133, as revised, and/or other procedures. By entering into this agreement, the
recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by DEO. In the event DEO determines that a limited scope audit of
the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by DEO staff to the recipient regarding such audit. The recipient further agrees to
l comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the Chief Financial Officer (CFO) or Auditor General.
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AUDITS
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j PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised.
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1. In the event that the recipient expends $300,000 (5500,000 for fiscal years ending after December
31, 2003) or more in Federal awards in its fiscal year, the recipient must have a single or
4 program-specific audit conducted in accordance with the provisions of OMB Circular A-
133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through
DEO by this agreement. In determining the Federal awards expended in its fiscal year, the
recipient shall consider all sources of Federal awards, including Federal resources received
from DEO. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB
Circular A-133, as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of
OMB Circular A-133, as revised.
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2. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December
31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31,
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2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance
I with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid
from non-Federal resources (i.e., the cost of such an audit must be paid from the recipient
resources obtained from other than Federal entities).
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3. Although the audit provisions of OMB Circular A-133 ordinarily do not apply to for-profit
sub recipients, in the case of Federal funding provided by the U.S. Department of Health
and Human Services,Circular A-133 does apply. See 45 C.F.R. 74.26 for further details.
1
1 4. A web site that provides links to several Federal Single Audit Act resources can be found at:
http://harvester.census.gov/sac/sainfo.html
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PART II: STATE FUNDED
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This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2), Florida
Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or
I in excess of$500,000 in any fiscal year of such recipient (for fiscal years ending September
30, 2004 or thereafter), the recipient must have a State single or project-specific audit for
1 such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement
indicates state financial assistance awarded through DEO by this agreement. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources
1
of state financial assistance, including state financial assistance received from DEO, other
state agencies, and other non-state entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a non-state entity for
Federal program matching requirements.
1
1 2. In connection with the audit requirements addressed in Part II, paragraph 1, 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), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year (for
fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with
l the provisions of section 215.97, Florida Statutes, is not required. In the event that the
:
recipient expends less than$500,000 in state financial assistance in its fiscal year and elects to
Ihave an audit conducted in accordance with the provisions of section 215.97, F.S., the cost
1 of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit
must be paid from the recipient's resources obtained from other than State entities).
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4. Additional information regarding the Florida Single Audit Act can be found at:
http://www.myflorida.com/fsaa/statutes.html.
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PART III: OTHER AUDIT REQUIREMENTS
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(NO I F: This part would be used to specify any additional audit requirements imposed by the State
awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by
Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to
Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of state financial
assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In
such an event, the State awarding agency must arrange for funding the full cost of such additional audits.)
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N/A
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PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular
I A-133,as revised,and required by Part I of this agreement shall be submitted,when required
by Section .320 (d),OMB Circular A-133,as revised,by or on behalf of the recipient directly
to each of the following at the address indicated:
1
A. DEO at each of the following addresses:
Inspector General
Department of Economic Opportunity
Caldwell Building
107 East Madison St.
1 Tallahassee,FL 32399-6545
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;1 Financial Management Systems Assurance Section (FMSAS)
Department of Economic Opportunity
Caldwell Building
107 East Madison St.
Tallahassee,FL 32399-6545
1 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
1
number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse) at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101h Street
Jeffersonville, IN 47132
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C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e)
and (f), OMB Circular A-133, as revised.
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2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a
copy of the reporting package described in Section .320(c),OMB Circular A-133, as revised
and any management letter issued by the auditor,to DEO at each of the following addresses:
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Inspector General
Department of Economic Opportunity
I Caldwell Building
107 East Madison St.
Tallahassee,FL 32399-6545
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Financial Management Systems Assurance Section (FMSAS)
Department of Economic Opportunity
Caldwell Building
1 107 East Madison St.
Tallahassee,FL 32399-6545
y
3. Copies of financial reporting packages required by PART II of this agreement shall be
submitted by or on behalf of the recipient directly to each of the following:
A. DEO at each of the following addresses:
I
Inspector General
Department of Economic Opportunity
Caldwell Building, 107 East Madison St.
Tallahassee,FL 32399-6545
Financial Management Systems Assurance Section (FMSAS)
Department of Economic Opportunity
Caldwell Building, 107 East Madison St.
I
ITallahassee,FL 32399-6545
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401,Pepper Building
111 West Madison Street
ITallahassee,FL 32399-1450
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1 4. Copies of reports or the management letter required by Part III of this agreement shall be
submitted by or on behalf of the recipient directly to:
41
A. DEO at each of the following addresses:
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N/A
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5. Any reports,management letter, or other information required to be submitted to DEO
pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-
133,Florida Statutes,and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
i and for-profit organizations),Rules of the Auditor General, as applicable.
6. Recipients,when submitting financial reporting packages to DEO for audits done in
accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should
indicate the date that the reporting package was delivered to the recipient in correspondence
n accompanying the reporting package.
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PART V: RECORD RETENTION
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1. The recipient shall retain sufficient records demonstrating its compliance with the terms of
this agreement for a period of five (5) years from the date the audit report is issued,or five
(5) state fiscal years after all reporting requirements are satisfied and final payments have
been received,whichever period is longer, and shall allow DEO, or its designee,CFO, or
Auditor General access to such records upon request. In addition,if any litigation, claim,
negotiation,audit, or other action involving the records has been started prior to the
expiration of the controlling period as identified above, the records shall be retained until
completion of the action and resolution of all issues which arise from it, or until the end of
1 the controlling period as identified above,whichever is longer. The recipient shall ensure
I that audit working papers are made available to DEO,or its designee, CFO,or Auditor
General upon request for a period of five (5) years from the date the audit report is issued,
unless extended in writing by DEO.
-End ofAttachmentC-
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EXHIBIT—1
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FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
1
NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same
information shown below for each Federal program and show total Federal resources awarded.
c
Not Applicable
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
1
Not Applicable
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not Applicable
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SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
NOTE:If the resources awarded to the recipient represent more than one State project,provide the same information
l shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97,
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Florida Statutes.
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State Awarding Agency: Department of Economic Opportunity
State Project: Growth Management Implementation
CSFA #: 40.024
I Award Amount: $18,000
1 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
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NO'1 E:List applicable compliance requirements in the same manner as illustrated above for Federal resources. For
matching resources provided by DEO for Federal programs, the requirements might be similar to the requirements for
the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the
Inon-Federal resources, there may be more than one grouping(i.e., 1, 2, 3, etc.)listed under this category.
Activities are limited to those in the Scope of Work
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NOTE: Section .400(d) of OMB Circular A-133,as revised,and Section 215.97(5),Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be
provided to the recipient.
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