R01-191 RESOLUTION R 01-
~ RESOLUTION OF THE CITY COMfvIISSION OF THE CITY OF
BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
STATE FUNDED EMERGENCY MANAGEMENT PREPAREDNESS
AND ASSISTANCE GRANT AGREEMENT FOR THE PURCHASE OF
AN EMERGENCY AM RADIO SYSTEM, BETWEEN THE STATE OF
FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND THE
CITY OF BOYNTON BEACH IN THE AMOUNT OF $19,995.00;. AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach was approved fora grant in the amount of
19.995 for the purchase of an emergency AM radio system to provide emergency
2otification and information to all citizens and visitors to the City, such as evacuation notices
and routes, emergency shelter information as well as information concerning food
distribution centers; and
WHEREAS, The City Commission of the City of Boynton Beach upon
ecommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to accept the DCA Emergency Management Preparedness and Assistance
Grant award in the amount of $19,995 Grant and authorizes the Mayor and City Clerk to
execute the Grant Agreement;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA,
THAT:
Section I: The City Commission of the City of Boynton Beach, Florida hereby
accepts the State of Florida Department of Commmfity Affairs Emergency Management
Preparedness and Assistance Grant in the amount of $19,995, for the purchase of an
emergency AM radio system.
Section 2: This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS I~' DAY OF MAY, 2001.
ATTEST:
:ca r es~nt s~G'mm ~. ffLg.~- .XkM Radio050701
CITY OF BOYNTON BE~-~H, FLORIDA
~ May. 6r --7
Commissioner ~/
Commissioner
Commissioner
'-F ................. T ~T
DEPARTMENT
JEB BUSH
Governor
STATE OF FLOR DA
OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better p/ace to cai! home~
Mayor Gerald Broening
Cit~ of Boynton Beach
100 E. Bo~nton Beach Blvd
Boynton Beach, FL 33425
April 26. 2001
Dear Mayor Broening,
The Dep~ar~ent of Community Affairs is pleased to forward to you an agreement for you
recently awarded competitive grant funded from the Emergency Management Preparedness and
Assistanc_e T .ms~t Fund. Enclosed are an original and three (3) copies to be executed by the
proper official tbr an mount not to exceed $19,995
Twenty five (25) percent of the award may be advanced. Please indicate on Attachment
F, Funding/Consideration. section C., 1 or 2, whether or not an advance payment will be
requested. All such requests must be accompanied by a detailed justification as to the need
fo~: advancing the funds. Payment of rbimbursable exi~endimres'm~iy be requested thereafter, at
the end of each quarter.
After your review, please have the appropriate official sign and remm all four documents
to this Department within~ (30) days ofihe date of this letter for final execution. A fully
executed copy Will be returned for your records.
· Congratulations on your award; we look forward to working with you on this program
~hic. h, w.asospec~fically designed to further emergency management capabilities in the State of
monoa. ~tyou have any questions, please contact me (850) 41'3-9894 or Sunya'Odom at
(850) 413-9939.
Sincerely,
Edgar W. Gouesh, Manager
Emergency Management Preparedness
and Assistance Grants Program
EWG/so
Enclosures
2555 SH UMARD OAK BOULEVARD 'TALLAHASSEE, FLORIDA 32399.2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncorn 291-0781
Internet address: http://www.dca.state.fl.u~
Agreement Number: 01CP-04-10-60-02-202
STATEFUNDED GRANT AGREEMENT '
THIS AGREEMENT is entered into by and between the State of Florida, Departmem of
Community Affairs, with headquarters in Tallahassee, Florida(hereinafter referred to as the
"Department"), and the City of Boynton Beach, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the Dep~..mere is authorized, pursuant to Section 252.373; Florida StatUtes,
and Rule ChaPter 9G-19, Florida Administrative code; to disburse fands'fo~fe;mergenCy--::-
management grants to eligible recipients; and
WHEREAS, the Recipient h~ been awarded funds under the above-referenced
authorities after completion of the competitive awards process; and
~REAS,:Reei~ie~t, agree~s~t0 ~¢omply with:all the requirements applicable to said
award, as s~pplemenfedby'~ te~S:~d c6nititions j,n this Agreement. ~
NOW, THEREFORE, the Depamnent and the Recipient do mutually agree as follows:
II.
SCOPE OF WO,RK ~qD FUNDING
The Recipient shall undertake and fully perform the scope of work identified in its
a reimbursement basis, in accordance with the budget
forth in
t on
out
INCORPORATION OF LAWS, RUI.ES~ REGULATIONS AND POLICIES
Both the Recipient and the Depaxhsteut shall be governed by applicable State and Federal
laws, rules and regulations, includingl but not limited to, those identified in Attachment B
of this Agreement.
3.
Agreement Number: 01CP-04-10~60-02-202
-STATE FUNDED GRANT AGREEMEN~Y" ~ ~ '
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 the City Of Boyntoa. Beach,, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ONTHE FOLLOWING FACTS:
WHEREAS, the Department is authorized, pursuant to Section 25Z373~ Florida Statutes.
and Rule Chapter 9G-19, Florida AdministratiVe'Code. to disburse funds for:emergency ·
management grants to eligible recipients: and ~
WHEREAS, the Recipient has been awarded funds under the above-referenced
authorities after completion of the competitive awards process; and
WHEREAS, Recipient
award, as
with all the requirements: applicable to: said
NOW, THEREFORE, the Departmem and the Recipient do mutually agree as follows:
SCOPE;OF ~WORK-AND FUNDING
The Recipient shall undertake and fully perform the scope of work identified in its
application for the competitiYe, g,ra~.l, t a ~wgd,. in accordance with the~ .Scope of Work
i~cluded as ;Attachment A'0f this_~_A~ree~n~en+nt.~Funding up to $i9,995 shall l~ej?r_ovided on
Agreement. For purposes of this Agreement, Recipient agrees that it is not an
employee or agent of the Department, but is an independent contractor.
Any Recipient who is a~state agency or subdivision, as defined in Section 768.28.
Florida Statutes, agrees to be fully responsible for its negligent acts or omissions
or tortious acts which result in ¢lmms 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
RESOLUTION R 01-
3~ RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
STATE FUNDED EMERGENCY NL4~NAGEMENT PREPAREDNESS
AND ASSISTANCE GRANT AGREEMENT FOR THE PURCHASE OF
AN EMERGENCY AM RADIO SYSTENI, BETWEEN THE STATEOF
FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND THE
CITY OF BOYNTON BEACH IN THE AMOUNT OF $19,995.00; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach ~vas approved for a grant in the mount of
995 for the purchase of an emergency AM radio system to provide emergency
and information to all citizens and v/sitors to the City, such as ex(acuation notices
routes, emergency shelter
distribution centers; and
WHEREAS, The City
information as well as information concerning food
Commission of the City of Boymon Beach upon
of staff, deems it to be in the best interest of the citizens of the City of
Beach to accept the DCA Emergency Management Preparedness and Assistance
3rant award in the mount of $19,995 Grant and authorizes the Mayor and City Clerk to
:xecute the Grant Agreement;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA,
THAT:
Section 1: The City Commission of the City of Boynton Beach, Florida hereby
accepts the State of Florida Department of Community Affairs Emergency Management
and Assistance Grant in the mount of $19,995, for the purchase of an
emergency AM radio system.
STATE F~-NDED GRANT AGREEMENT
Agreement Number: 01 CP-04-10-60-02-202
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 the City of Boynton Beaeh¢ (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the Departmem is authorized, pursuant to Section 252.373, Florida Statutes,
and Rule Chapter 9G-19, Florida p~dminist~ative Code, to disburse funds;for emergency
management grants to eligible recipients; and
WHEREAS, the Recipient has been awarded funds under the above-referenced
authorities after completion of the competitive awards process; and
WHEREAS, ReCipiei~t agrees to comply with all the requirements applicable to said
award, as supplemented by the terms and coridifions~ in this Agreement.
NOW, THEREFORE, the Departmem and the Recipient do mutually agree as follows:
SCOPE OF WORK AND FUNDING
The Recipient shall undertake and fully perform the scope of work identified in its
application for the competitive grant award,~in accordance with the. Scope of Work
included as Attachment A of this Agreement. Funding up to $19,995 shall ~beprovlded on
a reimbursement basis, in accordance with the budget to be submitted by Recipient
pursuant to the requirement in Attachmem A. For any advance payment, refer to
· . . ' ' s forth in
Attachment F for addiUonal terms ,at~d con~ttons. Al! term andc0nditions set
Attachment F are incorporated as if set out fully herein.
II.
INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
......... ,_ _ ,-. ...... · ~.~n ~.~ .... ~...~-cl hv annlieable State and Federal
III.
PERIOD OF AGREEMENT
This Agreement shall segin on the date of the fund offering letter and shall end June 30,
2002, unless termSnated earlier in accordance with the provisions of Paragraphs VII. or
IX. ar XIV. ofthi~ Agreement. Final requests for reimbursement shall be submitted no
later than thirty (313) days after the termination date af the Agreement, Any requests
received after August 15; 2002, may, in the discretion of the Department, not be
reimbursed fi.om this Agreement. Reimbursement requests shall not be submitted by
facsimile transmission.
MODIFICATION OEAGR. EEMENT; REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which ~re ~nutu~lly ~med upon shall be vali~t only ~hen reducec~ to writing, duly signed
by each of the par~ies hereto, and a~tached to the original of this Agreement.
All refunds or repayments to be made to the departm ~egt under this Agreement are to be
made payable to the order of "Department of Commuhi~, a ~A: ...........
~, . , ,j ru_taa~ , aria mauect cllrecuy to
me department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting i
2555 Shumard Oak Botilev~rd
Tallahassee, FL 32399~-2100
VI.
MONITORING
~h~ .Recipient shall constantly monitor its performanc~ under this Agreement to ensure
at me schedules are being met, the Budget and Scol~e of Work are being accomplished
within specified time periods, and other performance goals are being achieved. Such
review shall be made for each function, or activity set forth in Attachment A to this
Agreement, and shall be reported in accordance with th~ reporting requirements of
Attachment D.
LIABILITY
Except as otherwise provided in subparagraph (B) below, the Recipient shall, be
solely responsible to parties with whom it shall deal in carrying out the terms of
this Agreement, and shall save the Department harmless against all claims of
whatever nature by third parties arising out of the performance of work under this
2
Agreement. For purposes o£this Agreement. Recipient agrees that it is not an
employee or agent of the Department, but is an independent contractor.
agrees
VII.
under Rule
one oi more
Bo
deficiency,
work
,the
o
DePartment;
disallow all or part ot~e cost of the activity or action not in compliance;
3. suspend or terminate the award;
4. disallow future participation in the program or funding provided under this
role_ chapter;
5 recover all funds prOvided under the currem award.
Costs of the Recipient resulting from obligations incurred by the ReCipient during
suspension or after termination of an award are not allOwable unless the
Departmem expressly authorizes them in the notice of suspension or termination,
or subsequently authorizes them in writing. Other Recipient costs during
suspension or after termination which are necessary and not reasonably avoidable
may be allowable if:
1. ,the costs result from obligations which were properly incurred by the
Recipient before the effective date of the suspension or termination, are
not in anticipation of the suspension or termination, and, in the case of
termination, are not eancelable, and
the costs would be allowable if the award were not suspended or expired
normally at the end of the period in which the terminanon occurs.
Recipient of terminated grants shall remain obligated to provide all required
closeout in.formation.
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, or if any of the f011owmg events occur
("Events of Default"), all obligations on the part of{he Department to make any
farther 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
herein, ~utthe Department may make any payments or parts of payments after the
happening of any Evems of Default without thereby waiving the right to exercise
such remedies, and without becoming liable to make any further payment:
any previ~s. Agreemer~t with the Department and has not cured such in
timely fashion, or is unable or unwilling tO mee~ its Obligations thereunder;
o
If any material adverse change shall occur in the~financial condition of the
Regipient at any time during the t,erm of thi~ Agreement fi:om the f'mancial
condition revealed in any reports filed or to;be fried with the Department,
and the iReciPiem fails to cu~e said material adver~ change witl~in thlrtv
(3~)) days from the fi}ne the date written not}ce is sent by g-~"i3;~'a~Tm--e'~t.
If.any repOrts required by this Agreement have not been submitted to the
Dep~en~t or have been submitted with incorrect, incomplete or
insufficlefit information; ·
If the Recipiem has failed to perform and complete in timely fashion any
ofthe ~rvices required under the Budget and ScOpe of Work attached
hereto as Attachr ent ^.
Upon the happening of an EVem of Default then the Department may, at its
option, upon written notice to the Recipient and upon the Recipient's failure to
timely cure, exemise any one or more of the following remedies, either
concurrently or consecutively, and the pursuit of any one. of the following
remedies shall not preclude:the Department from pursuing any other remedies
contained herein or otherwise provided at law or in equity:
4
Terminate this Agreement, provided that the Recipient is given at least
thirty (30) days prior wriuen notice of such termination. The notice shall
effective when placed in the United States mail, first class mail, postage
epa[d; by r~g~ste~fed m; ~er~ified:maiM'emrniteceilSt requested, to the
dc[mss set forth in paragraph (10~ herein-:. ' ' : ~'
for payment;
the
maIff be
question or
Go
Ho
°
available
The ~ ~ht~ fe~i ~. ~$'~ reement for c~e Upon such written not,ce
pemit*~ ~ie~C~ess'to ~Y 6e ~; a~r, i~e~, or ~f matefi~ subject to
....... ....... ' O .one'der CM ter 120,
· S~nen oa'0~ t~on 6~tes- ~en~y a ~ p
~+~, ~.a ~ntifiemion~o~s~mOnf~t~na~onsh~lmcluaenoBce
of a~sUmve he~g n~ts.~d t!~ ~mes.
~ lawS¢~es,x~afiom g~mg~~s~b~g~ds or ~s A~eemem.
' mU~ comem f ~e p~i
ms ement m? be uen o es.
. · -.', '~'~; ..... ' t~re~evedofliabili to~e
Nora g
. - eeme~ b ~e Recipient. '1 ~e
De ~_ ~.
due ~e ~e~em~om ~e Reeipiem.~ d~e~nea,
5
VIII. ..NOTICE AND CONTACT
All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or £~st 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.
The Departmem designates Edgar Gonesh, Manager, Emergency Management
Pi'eparedness and Assistance Program, Division of Emergency Management, as
~
e Department's Contract Manager. All communmataons, written or omi, relating
to this Agreement shall be directed to him at the following :address:
Departmem of Community Affairs
Division of Emergency Management
2555 Shurnard Oak Boulevard
Tallahassee, Florida 32399-2100
For the Recipient, all communications, written or oral, relating to this Agreement
shall be directed to the following:
Recipient's Contract Manager's Name and Address:
IX.
In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, rifle and address of the new
representative will be rendered as provided in Paragraph VIII. A and B above.
OTHER PROVISIONS_
The validity of this Agreement is subject to the troth and accuracy of all the
information, representations, and materials submitted or provided by the
Recipient, in this Agreement, in any subsequent submission or response to
Department request, or in any submission or response m 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 fxom all its obligations to the Recipient.
B. The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq ), if applicable ~vhich prohibits
discrimination by public and private entities on the basis of disability in the areas
of:emplgyme~n~ puhlic~a~Cg~p~ati0r~,:u~m3~sP°~atiqn, S~ate~ and ~local
go~ernmem seryices,~and, in.telec0mmun~ca~gns · !.~
C. This Agreement shall be construed under the [aws,t0f. the'Smte 0f Florida~ and
venue for any actions arising out of this Agree~nt~ Sha}l iib ~in Leon County. If
any Pro¥ision hereo~is in 0x~nftiet ,with:~ ~PlCliCgble ~tamte~O~m!e, or is
~enf~eeab~, ~en . ~s~...~pr~!~0&!~:~b~ dem~}~U~[;~d void to
.o ~ ~.'S~!~ Ii everable, but
s in~va![da~any oth~:lXO.~i0i~::~f~s~ ,ai~m,,¢. ,~ :~ ?
With respect to any Recipi ~,egt Which is~not a,locaIg0verran~ ~em or state agency,
and which receives funds.~der th/O Agle~t ~b~ the faderalgovemment, the
Recipient certifies, to the~t~st of its k~¢l/eclge tm~ belief, ~at it and its
principals:
1~. are not presently debarred;suspended, proposed.for debarment, declared
ineligible, or voluntarily excluded ff0m covered transactions by a federal
departmem or agency;
have not. within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal. state or local)
transaction or contract under public transaction; violation of federal or
state~antitrust statutes or commission of embezzlement, theft, forgery,
bribery; falsification or destruction ofrecords, making false statements, or
receiving stolen property;
are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any
offenses ennmemted in paragraph 11 (g)2. Of this; certification; and
have not within~athree-year period preceding this Agreemem had one or
more public transactions (federal, state or local) terminated for cause or
default.
Where the Recipient is unable ~o certify to any of the statemems in this certification,
such ReciPient shall atha~h an explanation to this Agreement.
'7
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 exe.rc!se.o.fthe s _a~ne right or remedy by the Deparmaent for any further
or suosequent ~tetault by the Recipient. Any power of approval or disapproval
grantedto the Department under the terms of this Agreement shall survive the
terms and life of this Agreement as a whole.
More than one copy ofth/s Agreement may be executed. Any copy with original
signatures may be considered an original.
X. AUDIT REOUIREMENTS
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.
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
ti/rough Friday.
The Recipient shall also provide the Department with the records, repons or
financial statements upon request for the purposes of auditing and mon/toring the
funds awarded under this Agreement.
In the event that the Recipient expends State awards (i.e., State of Florida
financial assistance provided to Recipient to cany outa State project) from all
state government sources eq ~ual to or in excess of $300,000 in total in any fiscal
year of such~Recipient} ~he'R~cipient must have a State single or project-specific
audit for such fiscal year in accordance with Section 216.3491, Florida Statutes
and with applicable rules of the Executive Office of the Governor and the
Comptroller, and Chapter 10.600, Rules of the Auditor General.
· Specific instructions relating to thelinformatinn needed, format and organization,
timelmes and/or deadlines, will be provided to the Recipient by the Department following
receipt of further guidance from the~Office of the Auditor General. See Attachment G for
further anticipated audit requirements.
XI. SUBCONTRACTS AND PROCUREMENT
if ~e:Kecjp!~[t sub¢o[trac~s any,or ail ~ the ,w0~k require~ under this Agreement.
th~' ~ '"' '~6ni ~ tees t0~ includ~ ~ii ~ Su~ntra~ L!~,~ ~e S~6ontractor is bound
by th~ ,terms, ~and"eonditio~,s of ~is ;~gr~ement w~th lhe~ Dep ,artm-ent.
The Kecipient agrees to include in the subcontract that the subcontractor shall
the extent allOwed and xeqmreaioy ':mw.
See Attachment E for any additional terms and conditiom j~ertaining to sub ,,cgnrracts,
XII. TERMS AND CONDITIONS,
The Agreemem contains all the terms and conditions agreed upon by the parties.
XIII. ATTACHMENTS
A. All attachments to this Agreement are incorporated as if set out fully herein.
Bo
[n:~the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of su6h attachments shall be
controlling, but only to the extent, of such conflict or inconsistency.
XIV. STANDARD CONDEHONS
The Recipient agrees to be bound by the following standard conditions:
A. ' under this Agreement is
t subject to any
Bo
of an Agreement for
(6) months
forth in the initial
unless the failure
of the Agreement is
control of
Co
All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
9
If otherwise allowed under this A
be submitted in accordance with
The Department reserves the rigl~
by the Recipient t° allow public a
material subject to the provisions
received by the Recipient in co~
ThE,State Of Florida ~vill not irae~
greement, all bills for any travel expenses shall
· 112.061. Florida Statutes.
to unilaterally cancel this Agreement for refusal
:cess tolall d~cuments, papers, letters or other
>f chaPler 119, Florid~St'atut~, and made or
nction Mth the Agreement.
award publicly-funded contracts to any
~ workers, constituting a
LSU. S.C. Section 1324a(e)
The
of nnauthorized
by the Recipient
Section 274A(e) of the INA shall be
A
public entity for the
ist following a
submit a bid on a contract to provide
, not submit a bid on a contract with a
public work,
t not be
,or consultant
late
STATE LOBBYING PROHIBITION
No funds or o~er resources received fro~
Agreement ~a~ b~ U~d direc/~y Or indite,
action by the Fiorid~Legislatu~e or an~ sU
XVI. LEGAL AUTHORIZATION
the D.e ~trnent in connection with this
tly to i~fiuence legislation or any other official
[te Dep~trnent.
The Recipient certifies with respect to this Agreen~ent that it possesses the legal authority
to receive the funds to be provided under t tis Agreement and that, if apPlicable, its
governing b6dy has authorized, by resolution or otherwise, the execution and acceptance
of this Agreement with all covenants and ~ ssurances contained herein. The Recipient
also certifies that'the undersigned possess¢s the authority to legally execute and bind
Recipient to the termg of this Agreement.
I0
XVII. EQUIPMENT AND PROPERTY MANAGEMENT
If the
then Recipient agrees
shall
e or
XVIII.
of the
with
of Florida. In
are
Co
disclose
Recipient shall
thi~
B., have the
the
icense to use
XIX. PUBLICATIONS AND PUBLICITY
Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored
by the State of Florida, Division of Emerge,n, cy ~lanagement." If the project is displayed
or referenced in written material, the woMs Stat~ of Florida, Division ofEmer enc
Management" shall appear in the same size letters or type as the name of the R~ipi:Yent.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be exectiied
by their undersigned officials as duly authorized.
BY:
Name and Title:
Date:
Federal Employer I.D.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title: Joseph F. Myers. Director
Date:
12
Attachment A
SCOPE OF WORK
The information ~&representations containe~~in~the g'ran~ application Submitted ,f~the
Deparmi~ ~en~by Ilse Rec~pierit and:~valu~tea~s~an~ ~-6':R~l~':fii~aPlepgG-~91~ 'Fl°fi~;~
Administrative Code, a~ herehy incorporated by ieference into this Agreement.
budget,
The Jn format
Fa/lure to supply the above-referenced documem, or disapproval of this docUment bythe
Depadment, will result in.the, denial of funding.
If the Recipient succeeds inaecluiring products or services for less than the budgeted amount,
then it must notify the Department and request anthorization to apply the unexpended funds to
the project, identifying the proposed use for the .m}.expe~ded funds. If the unexPended funds can
be aPPlied to enhance the project through acquisition of additaonal equipment or services which
will provide the same benefit as the approved project, then the Department may approve the use
of the unexpended funds.
The Recipient will purchase radio equipmem as listed in the grant application. The purchasing
process shall be in accordance with County, State and if applicable, Federal purchasing
requirements, rules and regulations.
All equipmem purchased by grant funding that is capable of emitting radio frequency energy
shall be properly licensed by the Federal Communications Commission and shall be in
compliance and accordance with the communications plans of the Division of Wireless
Technology (formerly the Division of Communications) of the Florida Department of
Management Services.
All wiring, cabling and interfacing of equipment to be purchased, whether purchased under the
grant or existing, will be in compliance with applicable building codes and good engineering
practice.
13
Motor vehicles purchased or used in carrying the equipment will be properly authorized and
licensed by the State of Florida and will be operated by personnel having the appropriate
authorization.
Contractors performing work in accordance with the grant application will be properly licensed,
bonded, certified and permitted in accordance with Federal, State, County and/or local
requirement and all work performed will be done in a professional, workmanlike manner.
All electrical and electronic equipment
Laboratory approved, purchased using grant funds will be Underwriters
All communications devices and equipment will be compatible with similar systems operated by
the Palm Beach County Emergency Operations Center arid with the State of Florida Emergency
Operations Center.
The Recipient will provide to the Division of Emergency Management the following, prior to or
with the final progress report:
1)
Standard Operating Procedures for the operation of the equipment and services
obtained under the terms of this grant including but not limited to extent of use,
responsible parties and procedures for operating and using the system during
routine and disaster conditions;
2) A training schedule for the operators of the equipment and system.
3)
A list of the equipment purchased, showing installed location, manufacturer and
model and serial numbers.
4) A diagram of the finished system, showing the "as-built" configuration.
5)
A list of all results of tests and acceptance trials of the equipment, a copy of the
syllabus used for the training and the attendance lists by name and title of the
applicant's staff or employees attending the ttalning.
A comprehensive test of the system will be held:prior to the submission of the final progress
report and request for payment. The test will include exercising the system to irs capacity,
testing the procedures and instructions for operation, defining the areas of coverage and the
preparation ora test result, which shall be included in the final progress report.
The Recipient will provide an in-kind match valued at $2,500 or 12.5% of the total project cost.
3.,t
, Attaehmem B
Chapter 252, FlOrida Statutes
Chapter tl l~9¢~Florid~,St atutes; ~
Chapter60A.1, Flo~da Administrative Code
(The bottom portion of this page intentionally let~ blank.)
- Attachment C
RECORD KEEPING
All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the
final close-out report, whichever is later, with the .following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three year
~·period and~ extends beyond the tb¢fee ~ear period, the records will be maimained
until ~1 litiga6on, 91aims or aud~ findings involving the reCOrds have been
re~i)lYed. ~
Records for the disposition of non-expendable personal property valued at $1,000
o,.r ~eat:,!~e time of acquisition shall be retained for three years after final
cl~sposition.
3. Records :rel~at;ing to real property acquisitionishall be retained for three years after
11 records, incl¢~g supporting documentation of all program costs, shall be sufficient
to dete~n4 c6hi/SiianCe with the requiremems and objectives of the S~0pe of Work,
Attachment A, and all other applicable laws and regulations.
The Recipiem, its;employees or agents, including alt subcontractors or consultants to be
paid from fimds pf0vided under this Agreement' shall allow access to its records at
reasonable time~ to the Department, its employees, and agents "Reasonable" shall be
constmeff a~b~g to the ¢imumstances but'ordinarilv shalt mean dudn~ nonn~
business: h9uts j~af ~:0~ a.m. to 5:00 p.m., local' ti~e~ 0n-Monday through ~rldav ~
"Agents" shall i/te!~a~, but not be lnmted to, auditors retained [~y the D~p-a~t.
(The bottom portion of this page intentionally left blank.)
Attachment D
REPORTS
a+ o ,~,~mnm the Recipient shall ~rc~vide the D~partmet~t. with quarterly
~ '~[epo~ts and ~ Clos~-o, ut-Rep0rts, ~ Tlse: Recipient Shalkutilize;the~report
for~nats prowd~d by the Department.
' than
Fo
2
~The final ctoser?t;i
Agreement or
Pursuant to rule
procurement
io the Division fo
01~
artment
~ther
.ction for
and
sole discretion-
t WaS
a its
shall provide such additional program
be requested by.the Depa.nmeat.
The Departnmnt s~ be pertained to ~insp.ect. a~d m~om~to.r
facilities of fund.ed ~xojects aha awaro rec~p~ems. ~ucn mst~um~
without notice at ~ reaSonable time, which shall be presumed to I>e normm
business hours on Monday through Friday.
3.7
- ~ Attachment E
PROCUREMENT, SUBCONTRACTS AND SUBGRANTS
Subcontracts entered into by a Recipient in connection with any portion of the
proposed project shall contain all terms of the Recipient's Agreement with the
Department.
The Recipient shall send a coPy 0fany subcontracts entered into in connection
with implementing the proposed project to the Department within 30 days after
their effecfixre date. '
C. Recipient shall not award subgrants using funds awarded pursuant to this role
chapter.
ReCipient shall comply.with all applicable procurement rules and xeguiations in
seefin'ng goods and services to impiement a proposed project. Wherever required
bY lgw or otherwise permitted, Recipient shall utilize competitive procurement
practices.
(The bottom portion of this page intentionally left blank.)
18
Attachment F
FUNDING/CONSIDERATION
A. ' This [s'a cost-reimb~sement Agreement. The Recipiefit shail be reimbursed for
costs incurred in the satisfactor~ performance of work hereunder in an amount not
to exceed $19~995 subject to the availability ~f fun~s. The amount of funds
available;phrsuant ~t6 ~s rule c~!er ma/y b~ adjti~ted'proporti0r~lY when
nece~ tO mee} ~my ~atc~' nt~3in~Po~ed:~s a Co~i~6n of receiving
, ,- .... the
, m'~an~e or lannm ~ · · .
aster ren ass p g
federal :dis ~ _
:r~ n~,i,,i~nt ~hatl establish a sevarate~account code in an im~st beating
B. ~, ~"~,~T;~,~7,7': ,,'~f .' ~-",,~:~,5:',,~'~ ,;; ~, :; ',,; :~ to anaward
...... ~ d oS~tS e enklitures and mterestpe ~ g
1~ award re,ex, ed The
~ um code shallToe e '~smbhshe~ for eac .
· ~, ~.~; ~ ; .... * "' ~ ' ~ xtted rom ti qf~ ttie Department;
,~inter t e~e4 on,smd accOar~t.(S) shall be rem p p
but no tater than ni~ety,:days after the completton of the Agre~emeiat.
C. Any advance paymem 21 S. 181(14), Florida
Statutes. . Payment of
[uarter.
reimbursable is based
, the amount of
and a. for and
below . if an advance
payment is requested enter the amount of the request.
1. No advance payment is requested; payment will be made solely
on a reimbursement basis.
An advance payment of $ is requested; balance of
payments will be made on a reimbursement basis. (Justification
letter must be provided.)
After the initial advance, if any, quarterly payments may be made for all
reimbursable expenses incurred as of the end of each quarter. The Recipient
agrees to expend funds in accordance with the Scope of Work, Attachment A of
this Agreement.
3.9
Recipient agrees to perform the project identified in said application utilizing the
funds provided under this Agreement, supplemented by any funds represented in
said application as matching funds. Recipient shall not expend more than five
percent (5%) of the total funds awarded for administrative expenses.
"Administrative expenses" means the direct costs of staff managing the project
and other direct costs for managing the project, as well as the applicant's indirect
rate, if any, applied to those direct costs of management. The sum total of direct
and indirect costs identified shall not exceed five percent (5%) of the total funds
awarded from the trust fund for the project.
Funds disbursed to the Re~cipicnt by the Depamnent that are not expended in
impiementing the P~6jeet sh~il bi returned ~0 the Department, al0n~ with interest
earned on tfiOTunds, within ninety (90) days of the eXPiratiOn of the award
Agreement.
(The bottom portion ofthls page intentionally left blank.)
20
A~tacbanent G
ANTICIPATED AUDIT R~, OUIREM~ENTS
year.of
r fiscal
project-specific
Statutes
o
The annual financial audit report shall include all management
letters and the Reeipient's response to all findings, including
corrective actions to be taken.
The annual f'mancial audit report shall include a schedule of d
financialassistanCe specifically identifying all Agreement an
other revenue by sponsoring agenc~y.and Agreement number.
The complete financial audit report, including all items specified in
(A) 1 and 2 above, shall be sent directly to:
Department of Communiw Affairs
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Arm: Ted I. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
In determining the State funds awarded in its fiscal year, the
Recipient shall consider all sources of State awards, including
State funds received from the Departrnem, except that State awards
received by a nonstate entity for Federal program matching
requirements shall be excluded from consideration. The funding
for this Agreement was received by the Department as a Grant and
Aid appropriation.
In connection with the audit requirements addressed in (A) above.
the Recipient shall ensure that the audit complies with the
requirements of Section 216.3491(7), Florida Statutes. This
includes submission Of a reporting package as defined by Section
216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the
Auditor General.
If the Recipient expends less than $300,000 in State awards in its
fiscal year, an audit conducted in accordance with the provisions of
Section 216.3491, Florida Statutes, is not required. In the e~,ent
that the Recipient expends less than $300,000 in State awards in its
fiscal year and elects to have an audit conducted in accordance
with the provisions of Section 216.3491, Florida Statutes, the cost
of the audit must be paid from non-State funds (i.e., the cost of
such an audit must be paid from recipient funds obtained from
other than State entities).
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.
The Recipient shall retain all financial recoi'ds, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three
years after the date of submission of the final expenditures report. However, if
litigation or an audit has been initiated prior to the expiration of the three-year
period, the records shall be retained unti[ the litigation or audit findings have been
resolved.
The Recipient shall have all audits completed in accordance with 216.3491, 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.
22
ANTICIPATED FORMAT
STATE FUNDS AWARDED AS MATCHING*FU'NDS FOR:FEDERAL PROGRAMS:
Federal Prog~ i' -: '
(list Federal ~igenc~;'.Catat0g Of Federal DomeStic AssiStance title and number) - $
F~deral ptogr~'2 > - . .
(list Federal agency, Catalog of Federal DomeStiC Assistartce:~itl'e'and number) - $
~Contin~¢ Lig-ting if~eeded] $
TOTAL STATE FUNDS AWARDED'.FOR FEDERAL MATCH $
STATE FUNDS AWARDED PURSUANT TO SECTION216.3491, FLORIDA
STATUTES:
State Program 1
(list State agency, Catalog of State Financial AsSistance title and number) -
$
$
$
State Program 2
(list State agency, Catalog of State Financial Assistance t~tle and number) -
[Continue Listing if Needed]
TOTAL STATE FUNDS AWARDED PURSUANT TO SECTION 216.349t, FLORIDA
STATUTES $
TOTAL STATE FUNDS AW_.~R.DED
23