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2014-148
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2014-148
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Last modified
6/4/2018 12:44:17 PM
Creation date
1/11/2017 2:30:49 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/07/2014
Control Number
2014-148
Agenda Item Number
8.H.
Entity Name
Florida Department of Environmental Protection
Subject
Egret Marsh Stormwater Park Harvest Rake
Area
Egret Marsh Park
Project Number
S0733
Alternate Name
Grant Agreement General Appropriations Act State of Florida
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />D. In addition to the invoicing requirements contained in paragraphs 3.13. and C. above, the <br />Department will periodically request proof of a transaction (invoice, payroll register, etc.) to <br />evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines <br />(including cost allocation guidelines), as appropriate. This information, when requested, must be <br />provided within thirty (30) calendar days of such request. The Grantee may also be required to <br />submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, <br />general administrative costs, and fringe benefits). State guidelines for allowable costs can be <br />found in the Department of Financial Services' Reference Guide for State Expenditures at <br />http://www.fldfs.com/aadir/reference`/`5Fguide. <br />E. i. The accounting systems for all Grantees must ensure that these funds are not commingled <br />with funds from other agencies. Funds from each agency must be accounted for <br />separately. Grantees are prohibited from commingling funds on either a program -by - <br />program or a project -by -project basis. Funds specifically budgeted and/or received for <br />one project may not be used to support another project. Where a Grantee's, or <br />subrecipient's, accounting system cannot comply with this requirement, the Grantee, or <br />subrecipient, shall establish a system to provide adequate fund accountability for each <br />project it has been awarded. <br />ii. If the Department finds that these funds have been commingled, the Department shall <br />have the right to demand a refund, either in whole or in part, of the funds provided to the <br />Grantee under this Agreement for non-compliance with the material terms of this <br />Agreement. The Grantee, upon such written notification from the Department shall <br />refund, and shall forthwith pay to the Department, the amount of money demanded by the <br />Department. Interest on any refund shall be calculated based on the prevailing rate used <br />by the State Board of Administration. Interest shall be calculated from the date(s) the <br />original payment(s) are received from the Department by the Grantee to the date <br />repayment is made by the Grantee to the Department. <br />iii. In the event that the Grantee recovers costs, incurred under this Agreement and <br />reimbursed by the Department, from another source(s), the Grantee shall reimburse the <br />Department for all recovered funds originally provided under this Agreement. Interest on <br />any refund shall be calculated based on the prevailing rate used by the State Board of <br />Administration. Interest shall be calculated from the date(s) the payment(s) are recovered <br />by the Grantee to the date repayment is made to the Department by the Grantee. <br />4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual <br />appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of <br />future appropriations. <br />5. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during <br />the reporting period, problems encountered, problem resolution, schedule updates and proposed work for <br />the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later <br />than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood <br />and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June <br />30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days <br />to review the required reports and deliverables submitted by the Grantee. <br />Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its <br />employees and agents. However, nothing contained herein shall constitute a waiver by either party of its <br />sovereign immunity or the provisions of Section 768.28, Florida Statutes. <br />7. A. The Department may terminate this Agreement at any time in the event of the failure of the <br />Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department <br />DEP Agreement No. S0733, Page 2 of 7 <br />
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