HomeMy WebLinkAbout2005-342 Contract Number:
STATE =FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida , Department of
Community Affairs , with headquarters in Tallahassee , Florida ( hereinafter referred to as the
" Department' ) , and Indian River County and the Indian River County School Board , ( hereinafter
collectively referred to as the 'Recipient' ) .
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS :
A. WHEREAS , the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein ; and
B . WHEREAS , the Department has received these grant funds from the State of Florida , and has
the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth ;
and
C . WHEREAS , the Department has authority pursuant to Florida law to disburse the funds
under this Agreement .
NOW , THEREFORE , the Department and the Recipient do mutually agree as follows :
( 1 ) SCOPE OF WORK .
The Recipient shall fully perform the obligations in accordance with the Scope of Work
(Attachment A) and the Schedule of Deliverables (Attachment B ) of this Agreement.
(2 ) INCORPORATION OF LAWS , RULES , REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws , rules and regulations .
( 3 ) PERIOD OF AGREEMENT .
This Agreement shall begin upon execution by both parties , and shall end June 1 , 2006 ,
unless terminated earlier in accordance with the provisions of Paragraph ( 11 ) of this Agreement .
(4 ) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing , duly signed by each of the
parties hereto , and attached to the original of this Agreement .
( 5 ) RECORDKEEPING
( a ) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement , and the compliance of all subcontractors or consultants to be paid from funds
provided under this Agreement , for a period of five years from the date the audit report is issued , and
shall allow the Department or its designee , Comptroller, or Auditor General access to such records upon
request . The Recipient shall ensure that audit working papers are made available to the Department or
its designee , Comptroller, or 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 , with the following exceptions :
1 . If any litigation , claim or audit is started before the expiration of the five year
period and extends beyond the five year period , the records will be maintained until all litigation , claims or
audit findings involving the records have been resolved .
2 . Records for the disposition of non-expendable personal property valued at
$ 5 , 000 or more at the time of acquisition shall be retained for five years after final disposition .
3 . Records relating to real property acquisition shall be retained for five years
after closing of title .
( b ) The Recipient shall maintain all records , for the Recipient and for all subcontractors
or consultants to be paid from funds provided under this Agreement , including supporting documentation
of all program costs , in a form sufficient to determine compliance with the requirements and objectives of
the Scope of Work (Attachment A ) and all other applicable laws and regulations .
(c) The Recipient, its employees or agents , including all subcontractors or consultants to
be paid from funds provided under this Agreement , shall allow access to its records at reasonable times
to the Department , its employees , and agents . " Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8 : 00 a . m . to 5 : 00 p . m . , local
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time , on Monday through Friday . "Agents " shall include , but not be limited to , auditors retained by the
Department .
( 6 ) AUDIT REQUIREMENTS
(a ) The Recipient agrees to maintain financial procedures and support documents , in
accordance with generally accepted accounting principles , to account for the receipt and expenditure of
funds under this Agreement .
( b ) These records shall be available at all reasonable times for inspection , review , or
audit by state personnel and other personnel duly authorized by the Department. " Reasonable" shall be
construed according to circumstances , but ordinarily shall mean normal business hours of 8 : 00 a . m . to
5 : 00 p . m . , local time , Monday through Friday .
(c ) The Recipient shall also provide the Department with the records , reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d ) If the Recipient is a nonstate entity as defined by Section 215 . 97 , Fla . Stat . , it shall
comply with the following :
In the event that the Recipient expends a total amount of State financial assistance equal to or in
excess of $ 500 , 000 in any fiscal year of such Recipient, the Recipient must have a State single or project-
specific audit for such fiscal year in accordance with Section 215 . 97 , Fla . Stat. ; applicable rules of the
Executive Office of the Governor and the Comptroller; and Chapters 10 . 550 ( local government 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 the Department by this Agreement . In
determining the State financial assistance expended in its fiscal year, the Recipient shall consider all
sources of State financial assistance , including State funds received from the Department, 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 .
In connection with the audit requirements addressed in this Paragraph 6 (d ) above , the Recipient
shall ensure that the audit complies with the requirements of Section 215 . 97 (7 ) , Fla . Stat . This includes
submission of a reporting package as defined by Section 215 . 97 (2 )(d ) , Fla . Stat . and Chapters 10 . 550
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( local governmental entities ) or 10 . 650 ( nonprofit and for- profit organizations ) , Rules of the Auditor
General .
If the Recipient expends less than $ 500 , 000 in State financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215 . 97 , Fla . Stat, 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 have an audit conducted in accordance with the provisions of Section 215 . 97 , Fla . Stat , the cost
of the audit must be paid from the nonstate 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 ) . Additional information on the
Florida Single Audit Act may be found at the following website : http ://www . state . fl . us/fsaa/statutes . htmi .
(e ) Report Submission
1 . The annual financial audit report shall include all management letters and the
Recipient's response to all findings , including corrective actions to be taken .
2 . 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.
3 . Copies of financial reporting packages required under this Paragraph 6 shall
be submitted by or on behalf of the Recipient directly to each of the following :
The Department of Community Affairs at each of the following addresses :
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee , Florida 32399-2100
[an electronic copy shall also be submitted to the above office]
and
Department of Community Affairs
( program office )
2555 Shumard Oak Boulevard
Tallahassee , Florida 32399-2100
The Auditor General ' s Office at the following address :
Auditor General ' s Office
Room 401 , Claude Pepper Building
111 West Madison Street
Tallahassee , Florida 32399- 1450
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4 . Any reports , management letter , or other information required to be submitted
to the Department 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 and for-
profit organizations ) , Rules of the Auditor General , as applicable .
5 . Recipients , when submitting financial reporting packages to the Department
for audits done in accordance with OMB Circular A- 133 or Chapters 10 . 550 ( local governmental entities )
or 10 . 650 ( nonprofit and for-profit organizations ) , Rules of the Auditor General , should indicate the date
that the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package .
(f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof,
were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to the Department of all funds not spent in accordance with these applicable regulations
and Agreement provisions within thirty (30 ) days after the Department has notified the Recipient of such
non -compliance .
(g ) The Recipient shall have all audits completed in accordance with Section 215 . 97 , Fla . Stat.
by an independent certified public accountant ( IPA) who shall either be a certified public accountant or a
public accountant licensed under Chapter 473 , Fla , Stat, The IPA shall state that the audit complied with
the applicable provisions noted above .
( 7 ) MONITORING .
The Recipient shall monitor its performance under this Agreement , as well as that of its
subcontractors , subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met , the Scope of Work is accomplished within the specified time periods ,
and other performance goals stated in this Agreement are achieved . Such review shall be made for each
function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A- 133 , as revised ,
and Section 215 . 97 , Fla . Stat. (see Paragraph (6 ) AUDIT REQUIREMENTS , above ) , monitoring
procedures may include , but not be limited to , on -site visits by Department staff, limited scope audits as
defined by OMB Circular A- 133 , as revised , and/or other procedures . By entering into this Agreement,
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the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed
appropriate by the Department . In the event that the Department determines that a limited scope audit of
the Recipient is appropriate , the Recipient agrees to comply with any additional instructions provided by
the Department to the Recipient regarding such audit. The Recipient further agrees to comply and
cooperate with any inspections , reviews , investigations or audits deemed necessary by the Comptroller or
Auditor General . In addition , the Department will monitor the performance and financial management by
the Recipient throughout the contract term to ensure timely completion of all tasks .
( 8 ) LIABILITY .
(a ) Unless Recipient is a State agency or subdivision , as defined in Section 768 . 28 , Fla .
Stat. , the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third
parties arising out of the performance of work under this agreement. For purposes of this Agreement ,
Recipient agrees that it is not an employee or agent of the Department , but is an independent contractor.
( b ) Any Recipient who is a state agency or subdivision , as defined in Section 768 . 28 ,
Fla . Stat . , agrees to be fully responsible to the extent provided by Section 768 . 28 Fla . Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department , and
agrees to be liable for any damages proximately caused by said acts or omissions . Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies . Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(9 ) DEFAULT .
If any of the following events occur ( " Events of Default" ) , all obligations on the part of the
Department to make any further payment of funds hereunder shall , if the Department so elects , terminate
and the Department may , at its option , exercise any of its remedies set forth in Paragraph ( 10 ) , but the
Department may make any payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies , and without becoming liable to make any
further payment:
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(a ) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleading in any respect , or if the
Recipient shall fail to keep , observe or perform any of the obligations , terms or covenants contained in
this Agreement or any previous agreement with the Department and has not cured such in timely fashion ,
or is unable or unwilling to meet its obligations thereunder;
( b ) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (30 ) days from the time the date written notice is sent by the Department.
(c ) If any reports required by this Agreement have not been submitted to the Department
or have been submitted with incorrect , incomplete or insufficient information ;
(d ) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
( 10 ) REMEDIES .
Upon the happening of an Event of Default , then the Department may , at its option , upon
thirty ( 30 ) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty ( 30 ) day period , exercise any one or more of the following remedies , either concurrently
or consecutively :
(a ) Terminate this Agreement, provided that the Recipient is given at least thirty ( 30 )
days prior written notice of such termination . The notice shall be effective when placed in the United
States mail , first class mail , postage prepaid , by registered or certified mail-return receipt requested , to
the address set forth in Paragraph ( 12 ) herein ;
( b ) Commence an appropriate legal or equitable action to enforce performance of this
Agreement ;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d ) Exercise any corrective or remedial actions , to include but not be limited to :
1 , requesting additional information from the Recipient to determine the reasons
for or the extent of non -compliance or lack of performance ,
2 . issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected ,
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I advising the Recipient to suspend , discontinue or refrain from incurring costs
for any activities in question or
4 . requiring the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible ;
(e ) Require that the Recipient return to the Department any funds which were used for
ineligible purposes under the program laws , rules and regulations governing the use of funds under this
program ;
(f) Exercise any other rights or remedies which may be otherwise available under
law ;
(g ) The pursuit of any one of the above remedies shall not preclude the Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity . No waiver by the
Department of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department
hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any
further or subsequent default by the Recipient .
( 11 ) TERMINATION .
(a ) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances . Cause shall include , but not be limited to , misuse of funds ; fraud ;
lack of compliance with applicable rules , laws and regulations ; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document , paper, letter, or other material subject
to disclosure under Chapter 119 , Fla . Stat . , as amended .
( b ) The Department may terminate this Agreement when it determines , in its sole
discretion , that the continuation of the Agreement would not produce beneficial results commensurate
with the further expenditure of funds , by providing the Recipient with thirty ( 30 ) calendar days prior written
notice .
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement .
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(d ) In the event that this Agreement is terminated , the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination . The Recipient will cancel as many outstanding obligations as possible . Costs incurred after
the date of receipt of notice of the termination will be disallowed . Notwithstanding the above , the
Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the
Recipient. The Department may , to the extent authorized by law , withhold any payments to the Recipient
for purpose of set-off until such time as the exact amount of damages due the Department from the
Recipient is determined .
( 12 ) NOTICE AND CONTACT .
( a ) All notices provided under or pursuant to this Agreement shall be in writing , either by
hand delivery, or first class , certified mail , return receipt requested , to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
( b ) The name and address of the Department contract manager for this Agreement is :
Roger Wilburn
Department of Community Affairs
2555 Shumard Oak Boulevard
Telephone : (850 ) 922- 1822
Fax : (850 ) 488-3309
Email : roger.wilburn@dca . state .fl . us
(c) The names and addresses of the Representatives of the Recipient responsible for the
administration of this Agreement are :
INDIAN RIVER COUNTY
Bob Keating
Community Development Department
184025 th Street
Vero Beach , Florida 32960
Telephone : (772 ) 567-8000
Fax : ( 772 ) 978- 1806
Email : bkeating@ircgov . com
INDIAN RIVER COUNTY SCHOOL BOARD
Dan McIntyre
199025 th Street
Vero Beach , Florida 32960
Telephone : ( 772 ) 564-3041
Fax : ( 772 ) 564-3051
Email : dan . mcintyre@indian- river. k12 . fl . us
(d ) In the event that different representatives or addresses are designated by either party
after execution of this Agreement , notice of the name , title and address of the new representative
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will be rendered as provided in ( 12 )(a ) above .
( 13 ) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Department for review and approval prior to execution of
the subcontract by the Recipient . The Recipient agrees to include in the subcontract that ( i ) the
subcontractor is bound by the terms of this Agreement, ( ii ) the subcontractor is bound by all applicable
state and federal laws and regulations , and ( iii ) the subcontractor shall hold the Department and Recipient
harmless against all claims of whatever nature arising out of the subcontractor's performance of work
under this Agreement, to the extent allowed and required by law. Each subcontractor' s progress in
performing its work under this Agreement shall be documented in the quarterly report submitted by the
Recipient.
For each subcontract , the Recipient shall provide a written statement to the Department as to
whether that subcontractor is a minority vendor.
( 14 ) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties .
( 15 ) ATTACHMENTS
( a ) All attachments to this Agreement are incorporated as if set out fully herein .
( b ) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto , the language of such attachments shall be controlling , but only to
the extent of such conflict or inconsistency .
( c ) This Agreement has the following attachments :
Exhibit 1 - Funding Sources
Attachment A — Scope of Work
Attachment B — Schedule of Deliverables
( 16 ) FUNDING/CONSIDERATION
This is a fixed fee agreement . As consideration for performance of work rendered under this
Agreement, the Department agrees to pay a fixed fee of up to Two Hundred Thousand and No/ 100
Dollars ( $200 , 000 . 00 ) . Payment will be made in accordance with the provisions of Attachment A ( Scope
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of Work ) and Attachment B ( Schedule of Deliverables ) . An invoice shall be submitted with each
deliverable which is in detail sufficient for a proper preaudit and postaudit thereof.
The Department intends to enter into a contractual services agreement with a planning consultant
( "the Consultant Agreement" ) to provide services to the Department at an hourly rate to be set forth in the
Consultant Agreement. The services of this consultant will also be available to the Recipient at the same
hourly rate as specified in the Consultant Agreement. If the Recipient chooses to use the services of this
planning consultant as set forth in the Consultant Agreement, the dollar amount for the services from the
planning consultant to the Recipient will be deducted from the next payment made hereunder to the
Recipient.
If the necessary funds are not available to fund this Agreement as a result of action by Congress ,
the state Legislature , the Office of the Comptroller or the Office of Management and Budgeting , all
obligations on the part of the Department to make any further payment of funds hereunder shall
terminate , and the Recipient shall submit its closeout report within thirty (30 ) days of receipt of notice from
the Department .
( 17 ) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be made
payable to the order of " Department of Community Affairs " , and mailed directly to the Department at the
following address :
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215 . 34 (2 ) , Fla . Stat. , if a check or other draft is returned to the Department for
collection , the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($ 15 . 00 ) or Five Percent ( 5 % ) of the face amount of the check or draft , whichever is greater.
( 18 ) STANDARD CONDITIONS
( a ) The validity of this Agreement is subject to the truth and accuracy of all the
information , representations , and materials submitted or provided by the Recipient in this Agreement, in
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any subsequent submission or response to Department request , or in any submission or response to fulfill
the requirements of this Agreement , and such information , representations , and materials are
incorporated by reference . The lack of accuracy thereof or any material changes shall , at the option of
the Department and with thirty (30 ) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient .
( b ) This Agreement shall be construed under the laws of the State of Florida , and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule , or is otherwise unenforceable , then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable , but shall not invalidate any
other provision of this Agreement .
( c) Any power of approval or disapproval granted to the Department under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole .
(d ) The Agreement may be executed in any number of counterparts , any one of which
may be taken as an original .
(e ) The Recipient agrees to comply with the Americans With Disabilities Act ( Public
Law 101 -336 , 42 U . S . C . Section 12101 et_ seg . ) , if applicable , which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment , public accommodations ,
transportation , State and local government services , and in telecommunications .
(f) 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 a
public entity , and may not transact business with any public entity in excess of Category Two for a period
of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor
list .
(g ) An entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid on a contract to provide goods or services to a public entity , may not submit a bid on a
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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 award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity , and may not transact business
with any public entity .
( h ) The State of Florida 's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature , and subject to any modification in
accordance with Chapter 216 , Fla . Stat . or the Florida Constitution .
( i ) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(j ) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents , papers , letters or other
material subject to the provisions of Chapter 119 , Fla . Stat . , and made or received by the Recipient in
conjunction with this Agreement.
( k ) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount .
( 1 ) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers , constituting a violation of the employment
provisions contained in 8 U . S . C . Section 1324a (e ) [Section 274A(e ) of the Immigration and Nationality Act
(" INA" )] . The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e ) of the INA . Such violation by the Recipient of the employment provisions
contained in Section 274A(e ) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
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( 19 ) STATE LOBBYING PROHIBITION . No funds or other resources received from the Department in
connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency .
(20 ) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS
AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED
BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a ) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright , the
Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise .
( b ) If any discovery or invention arises or is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected herewith , the Recipient shall refer the discovery or invention to
the Department for a determination whether patent protection will be sought in the name of the State of Florida . Any and
all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State
of Florida . In the event that any books , manuals , films , or other copyrightable material are produced , the Recipient shall
notify the Department . Any and all copyrights accruing under or in connection with the performance under this Agreement
are hereby transferred by the Recipient to the State of Florida .
( c) Within thirty (30 ) days of execution of this Agreement , the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is
so disclosed . Failure to disclose will indicate that no such property exists . The Department shall then , under Paragraph
( b ) , have the right to all patents and copyrights which accrue during performance of the Agreement .
(21 ) LEGAL AUTHORIZATION .
The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the
funds to be provided under this Agreement and that , if applicable , its governing body has authorized , by resolution or
otherwise , the execution and acceptance of this Agreement with all covenants and assurances contained herein . The
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Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of
this Agreement .
IN WITNESS WHEREOF , the parties hereto haue ;caused this contract to be executed by their undersigned
officials as duly authorized .
F_
Recipient:
INDIA, = UNTYBy : 45C
„ v
Name and title : Thema S I owther Chan ran
Date : October 11 , 2005
INDIAN RIVER COUNTY SCHOOL BOARD
By :
Name and title : WILLIAM H6GHE.S . CHAIRMAN
Date :
SAMAS # FID#
STATE OF FLORIDA
DEPARTM NT OF COMMUNITY AFFAIRS
By:
Vale ubbard , ctor
Division of Com u ty Planning
Date :
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EXHIBIT — 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING :
SUBJECT TO SECTION 215 . 97 FLORIDA STATUTES :
NOTE : If the resources awarded to the recipient represent more than one State proiect, provide the same information
shown below for each State progect and show total state financial assistance awarded that is subject to Section 215 . 97
Florida Statutes .
State Project ( list State awarding agency, Catalog of State Financial Assistance title and number) — Department
of
Community Affairs ; Implementation of Growth Management Initiative under Laws of Florida , Chapter 2005-290 ;
CSFA No . 52 . 003
$ 2003000 . 00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS :
List applicable compliance requirements as follows:
1 . Resources must be used for activities as described in the Scope of Work and in compliance with Laws of Florida ,
Chapter 2005-290 .
2 . Eligible recipients are limited to local governments .
NOTE : Section . 400 (d ) of OMB Circular A- 133 , as revised , and Section 215 . 97 (5 ) (a ) , 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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Attachment A
Scope of Work
Background
The School Board and the Board of County Commissioners will jointly coordinate with the applicable
municipalities within the county to develop the following draft documents :
(A) An updated public schools interlocal agreement consistent with the requirements of Sections 163 . 31777 ,
163 . 3180 ( 13 ) , and 1013 . 33 , Florida Statutes ;
( B ) A public school facilities element consistent with Sections 163 . 3177 ( 12 ) and 163 . 3180 ( 13 ) , Florida Statutes ,
and Rule 9J -5 . 025 , Florida Administrative Code ;
(C ) Amendments to the Capital Improvement Element incorporating a financially feasible public school capital
facilities program and level of service standards for public schools consistent with Section 163 . 3180 ( 13 ) , Florida
Statutes ; and
( D ) Amendments to the Intergovernmental Coordination Element to ensure compliance with Section
163 . 3177 (6 )( h ) l & 2 , Florida Statutes ,
Task One
By November 1 , 2005 , a work plan for accomplishing the production of the draft documents enumerated in
paragraph 1 above shall be submitted to the Department for approval . The work plan shall set forth the strategy , interim
products , and time lines the School Board and County will follow to produce and reach general consensus among all
parties ( i . e . , municipalities , county , and school board ) on the required documents . The work plan shall be designed to
accomplish these tasks in accordance with the time frames in this scope of work . The Department shall approve or reject
the work plan . If approved , the Department will pay $ 50 , 000 , with half ( $25 , 000 ) to the school board and half ( $25 ,
000 ) to
the county
Task Two
By January 1 , 2006 , an interim draft interlocal agreement shall be submitted . It is intended that at this point
general consensus on this version of the draft interlocal agreement need not necessarily be achieved as required in
paragraph 2 above . Rather, this version is intended as a starter document which will be modified as it undergoes review
and comments by the local governments and school board . It shall generally reflect the requirements of the statutes cited
in paragraph 1 . (A) above , although the Department will not apply a strict consistency test at this point in the process .
The
Department shall approve or reject the interim draft interlocal agreement. If approved , the Department will pay $40 , 000 ,
with half ( $20 , 000 ) to the school board and half ($ 20 , 000 ) to the county.
Task Three
By March 1 , 2006 , two products are required : ( 1 ) the final draft of the interlocal agreement and ( b ) the data and
analysis for the public school facilities element. The final draft of the interlocal agreement shall meet the criteria described
in paragraph 1 . (A) above , and the data and analysis shall be the best available and be consistent with the requirements of
paragraph 1 . ( B ) above . Documentation shall be submitted demonstrating that general consensus regarding the interlocal
agreement has been achieved . Acceptable forms of documentation will include letters , resolutions , or minutes from local
government and school board meetings . The Department shall approve or reject the final draft of the interlocal agreement
17
and the data and analysis for the public school facilities element. If approved , the Department will pay $ 30 , 000 , with half
($ 15 , 000 ) to the school board and half ($ 15 , 000 ) to the county .
Task Four
By April 15 , 2006 , three interim products are due : (a ) the draft public school facilities element ; ( b ) draft
amendments to the capital improvements element ; and ( c) draft amendments to the intergovernmental coordination
element ( if the required provisions are not already included in the intergovernmental coordination element ; if they are
already in the element, then submit those existing provisions ) . These interim products shall be consistent with paragraphs
1 . ( B ) , ( C ) , and ( D ) above . The Department will provide comments to the county and school board on the interim products
.
No payment will be made for these interim products .
Task Five
By June 1 , 2006 , three final draft products are due : (a ) the draft public school facilities element ; ( b ) draft amendment
to
the capital improvements element; and (c) draft amendments to the intergovernmental coordination element ( if not already
included ) . Each of these products shall meet the criteria set forth in paragraph 1 . ( B ) , ( C ) , and ( D ) above . Documentation
shall be submitted demonstrating that general consensus regarding these products has been achieved . Acceptable forms
of documentation will include letters , resolutions , or minutes from local government and school board meetings . The
Department shall approve or reject these products . If approved , the Department will pay $ 80 , 000 , with half ( $40 , 000 ) to
the school board and half ($40 , 000 ) to the county.
Task Six
If all required products , as prescribed above, are not sent to the Department or are not completed in a manner
acceptable to the Department, the Department may withhold further payments until they are completed or may take such
other action asset forth in Paragraph ( 10 ) REMEDIES of this Agreement. "Acceptable to the Department" means that
the work product was completed in accordance with the Scope of Work .
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Attachment B
Schedule of Deliverables
Deliverable One
The completion and submission to the Department of Task One of the Scope of Work , subject to the satisfaction
and approval of the Department .
Due Date : November 1 , 2005
Payments : $25 , 000 to Indian River County School Board
$25 , 000 to Indian River County
Deliverable Two
The completion and submission to the Department of Task Two of the Scope of Work , subject to the satisfaction
and approval of the Department.
Due Date : January 1 , 2006
Payments : $20 , 000 to Indian River County School Board
$ 20 , 000 to Indian River County
Deliverable Three
The completion and submission to the Department of Task Three of the Scope of Work , subject to the
satisfaction and approval of the Department.
Due Date : March 1 , 2006
Payments : $ 15 , 000 to Indian River County School Board
$ 15 , 000 to Indian River County
Deliverable Four
The completion and submission to the Department of Task Four of the Scope of Work , subject to the satisfaction
and approval of the Department.
Due Date : April 15 , 2006
Payments : None to Indian River County School Board
None to Indian River County
Deliverable Five
The completion and submission to the Department of Task Five of the Scope of Work , subject to the satisfaction
and approval of the Department.
Due Date : June 1 , 2006
Payments : $40 , 000 to Indian River County School Board
$40 , 000 to Indian River County
19