HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-101Temp Resolution #10715
May 16, 2005
Revision #1 — May 31, 2005
Page 1
1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2005- j 0 l
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A SUB -
GRANT AGREEMENT FOR FLORIDA DOMESTIC
PREPAREDNESS STRATEGY WITH THE STATE OF
FLORIDA, DEPARTMENT OF FINANCIAL SERVICES,
DIVISION OF STATE FIRE MARSHAL, TO RECEIVE A
MUTUAL AID COMMUNICATIONS (MAC) TRAILER AND
TO ACCEPT A SUB -GRANT AWARD IN AN AMOUNT NOT
TO EXCEED $25,000 FOR THE PURCHASE OF A TOW
VEHICLE FOR THE MAC TRAILER; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to support the
Statewide Mutual Aid Plan designed to enhance operations in times of disaster; and
WHEREAS, the Federal government has made funding available to the State of
Florida to enhance emergency response; and
WHEREAS, the State of Florida, Department of Financial Services, Division of
State Fire Marshal is administering the Federal Sub -grants through a Sub -grant
Agreement for Florida Domestic Preparedness Strategy referred to as the
"AGREEMENT" and attached hereto as "EXHIBIT A"; and
1
Temp Resolution #10715
May 16, 2005
Revision #1 — May 31, 2005
Page 2
WHEREAS The State of Florida has purchased and distributed a number of
mutual aid communications (MAC) units within the State; and
WHEREAS, the State of Florida has identified Tamarac as a strategically
important location for MAC equipment; and
WHEREAS, the State of Florida has offered to locate and place a
Communications trailer in Tamarac and to provide Tamarac with Sub -grant funding in
the amount of $25,000 to purchase a tow vehicle; and
WHEREAS, the tow vehicle is to be identified as a Tamarac resource and
maintained by Tamarac as long as the trailer is stationed here; and
WHEREAS, the Fire Chief recommends accepting the Sub -grant funding and
executing the Sub -grant Agreement; and
WHEREAS the City of Tamarac will deploy the unit as directed by the State EOC
or Fire Marshal during an activation of the Statewide Mutual Aid Plan; and
WHEREAS, the City of Tamarac agrees to maintain training of their personnel
and team preparedness and availability to respond and to be a regional and Statewide
response asset; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to accept Sub -
grant funding in the amount of $25,000 from the State of Florida, Department of
Temp Resolution #10715
May 16, 2005
Revision #1 — May 31, 2005
Page 3
Financial Services, Division of State Fire Marshal, and to authorize the appropriate City
Officials to execute the Sub -grant Agreement.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
SECTION 2: The appropriate City Officials are hereby authorized to execute a
federally funded Sub -grant Agreement for domestic preparedness strategy with the
State of Florida, Department of Financial Services, Division of State Fire Marshal, to
receive a Mutual Aid Communications (MAC) trailer and to accept a Sub -grant award in
an amount not to exceed $25,000 to purchase a tow vehicle for the MAC trailer.
SECTION 3: The appropriate City Officials are hereby authorized to amend the
grants fund budget for the next quarter, and appropriate said funds including any and all
subsequent budgetary transfers in accordance with proper accounting procedures.
SECTION 4: All resolutions in conflict herewith are hereby repealed to the extent
of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
Temp Resolution #10715
May 16, 2005
Revision #1 — May 31, 2005
Page 4
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED this !_ day of J U(1P , 2005.
f E SCHREIBER
MAYOR
ATTEST:
lka� RECORD OF COMMISSION VOTE:
MARION SW SON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
/,/v
SAM . G E
INTERI FITY ATTORNEY
TR10715 - EXHIBIT A
Contract Number: 05DS-2N-13-00-16 - 317
CFDA Number: 97.004
SUSTAINMENT FUNDS FOR
Mutual Aid Communications (MAC) Upgrades
SUBGRANT AGREEMENT FOR
FLORIDA DOMESTIC PREPAREDNESS STRATEGY
(State of Florida Funding Cycle 2004-5)
THIS AGREEMENT is entered into by and between the State of Florida,
Department of Financial Services, with headquarters in Tallahassee, Florida (hereinafter
referred to as the "Department"), and the City Of Tamarac (hereinafter referred to as the
"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to
receive these grant funds to provide the services identified herein; and
D. WHEREAS, the Department of Community Affairs has received these funds
from the federal government and has duly contracted with the Department of Financial
Services / Division of State Fire Marshal to manage certain funds by way of a subgrant
agreement; and the Division has chosen to subgrant such funds to the Recipient upon the
terms and conditions hereinafter set forth: and
E. 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:
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(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the
Scope of Work, Attachment B of this Agreement. Notwithstanding any other provision in
this agreement, the obligations contained in this paragraph, (1) "Scope of Work," and
Exhibit — 1, "STATE RESOURCES AWARDED TO THE RECIPIENT
PURSUANT TO THIS AGREEMENT...," or such other provisions as it may apply,
shall continue for the duration of this agreement and shall survive the termination of this
agreement. Each resource awarded to the recipient pursuant to this agreement must
continue to be used for the purposes described in this agreement for the entire operating
life or shelf life of the resource. Should any resource be used for any purpose other than
the purposes described in this agreement, the title to, or ownership of, such resource shall
revert to, and become the property of, the Department of Financial Services. This
paragraph may be enforced by judicial proceedings in any court having jurisdiction, or by
administrative proceedings under Chapter 120, Florida Statutes, or by any other
applicable or appropriate proceedings.
(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, including but not limited to those identified
in Attachment A.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and continue
for the normal operating lifetime or shelf life of said goods and equipment, unless
terminated earlier in accordance with the provisions of paragraph (7) of this Agreement.
The condition and/or depletion of equipment will be reported annually as required by the
Scope of Work, Attachment B of this Agreement.
(4) MODIFICATION OF CONTRACT.
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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) As applicable, Recipient's performance under this Agreement shall be
subject to the federal "Common Rule: Uniform Administrative Requirements for State
and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110,
"Grants and Agreements with Institutions of High Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State
and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations."
If this Agreement is made with a commercial (for -profit) organization on a cost -
reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations
31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its
compliance with the terms of 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.
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3. Records relating to real property acquisition shall be retained for five years
after closing of title.
(c) All records, including supporting documentation of all program costs,
shall be sufficient to determine compliance with the requirements and objectives of the
Scope of Work - Attachment B - and all other applicable laws and regulations.
(d) 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 time, on Monday through Friday.
"Agents" shall include, but not be limited to, auditors retained by the Department.
(e) Any additional terms and conditions pertaining to recordkeeping and
all terms and conditions pertaining to property management and procurement under this
Agreement are set forth in attachments.
(6) LIABILITY.
(a) Unless Recipient is a State agency or subdivision as defined in Section
768.28, F1a.Stat., 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 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 tortuous 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.
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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.
(7) DEFAULT; REMEDIES, TERMINATION.
(a) 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 following events occur ("Events of
Default"), all obligations on the part of the Department to make any further donations or
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, 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:
1. 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 materially fail to keep, observe or
perform any of the 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;
2. If any material adverse change shall occur in the financial
condition of the Recipient at any time during the term of this Agreement from the
financial condition revealed in any reports filed or to be fled with the Department, and
the Recipient fails to cure said material adverse change within thirty (30) days from the
time and date written notice is sent by the Department.
3. If any reports required by this Agreement have not been
submitted to the Department or have been knowingly submitted with substantial
information that is incorrect, incomplete or insufficient information;
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4. If the Recipient has failed to perform and complete in timely
fashion any of the services required under the Scope of Work attached hereto as
Attachment B.
(b) 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 timely cure, exercise 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:
1. 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
(8) herein;
2. Commence an appropriate legal or equitable action to enforce
performance of this Agreement;
3. Exercise any corrective or remedial actions, to include but not
be limited to, requesting additional information from the Recipient to determine the
reasons for or the extent of non-compliance or lack of performance, issuing a written
warning to advise that more serious measures may be taken if the situation is not
corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or requiring the Recipient to reimburse the Department for
the amount of costs incurred for any items determined to be ineligible;
4. Exercise any other rights or remedies, which may be otherwise
available under law;
(c) The Department may terminate this Agreement for cause upon such
written notice as is reasonable under the circumstances. Cause shall include, but not be
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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.
(d) Non compliance with any terms of this Agreement and the Scope of
Work, Attachment B of this Agreement, by the Recipient shall result in termination of
Agreement, which will require return of the said goods and equipment to the Department
(e) Suspension or termination constitutes final agency action under
Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall
include notice of administrative hearing rights and time frames.
(f) In addition to any other remedies, the Recipient shall return to the
Department any granted equipment or supplies which were used for ineligible purposes
under the program laws, rules, and regulations governing the use of the funds under the
program.
(g) This Agreement may be terminated by the written mutual consent of
the parties. In addition, the Recipient or the Department has the option to unilaterally
terminate this Agreement. Upon termination of the Agreement, either by mutual consent
or unilateral action of either party, all supplies and equipment must be returned to the
Department by the Recipient.
(8) 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.
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(b) The Department designates Allen Lovvorn , Division of State Fire
Marshal, as the Department's Contract Manager. All communications, written or oral,
relating to this Agreement shall be directed to him at:
Department of Financial Services
Division of State Fire Marshal
11655 NW Gainesville Rd. Ocala, FL 34482
Telephone: 352/369-2829
Fax: 352/732-1433
Email: Allen.Lovvorn&fldfs.com
The Project Officer for this Agreement also is Allen Lovvom . He can be contacted for
technical assistance relating to this Agreement at the above address, telephone 352/369-
2829 or e-mail: Allen.Lovvorngfldfs.com
(c) The name and address of the Representative of the Recipient
responsible for the administration of this Agreement is:
Name JIM BUDZINSKI
Agency Tamarac Fire Rescue
Telephone: (954) 724-2436
Fax: (954) 724-2438
Email jimb@tamarac.org
(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
will be rendered as provided in(8)(a) above.
(9) OTHER PROVISIONS.
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(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 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) 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. 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 seq.), if applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas of
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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 or on the discriminatory vendor list 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 or discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state
agency, and which receives funds under this Agreement from the federal government, by
signing this Agreement, the Recipient certifies, to the best of its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a federal
department or agency;
2. have not, within a five-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 of records, making false statements, or receiving
stolen property;
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3. are not presently indicted or otherwise criminally or civilly
charged by a governmental entity (federal, state or local) with commission of any
offenses enumerated in paragraph 9(g)2. of this certification; and
4. have not within a five-year period preceding this Agreement
had one or more public transactions (federal, state or local) terminated for cause or
default.
Where the Recipient is unable to certify to any of the statements in this
certification, such Recipient shall attach an explanation to this Agreement.
(10) 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 federal resources 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 federal resources awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit
organization as defined in OMB Circular A-133, as revised, and in the event that the
Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient
must have a single or 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 the Department by this Agreement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of
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Federal awards, including Federal resources received from the Department. 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 paragraph.
In connection with the audit requirements addressed in Paragraph 10(d) above, the
Recipient shall fulfill the requirements relative to auditee responsibilities as provided in
Subpart C of OMB Circular A-133, as revised.
If the Recipient expends less than $300,000 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 in Federal
awards in its fiscal year and elects to have an audit conducted in accordance 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 audit must be paid from Recipient resources
obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with
OMB Circular A-133, as revised, and required by subparagraph (d) above 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:
Department of Financial Services
Division of State Fire Marshal
11655.NW Gainesville Rd.
Ocala, FL 34482-1486
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as
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revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 1Oth Street
Jeffersonville, IN 47132
Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and
(f), OMB Circular A-133, as revised.
(f) 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 the
Department at each of the following addresses:
Department of Financial Services
Division of State Fire Marshal
11655 NW Gainesville Rd.
Ocala, FL 34482-1486
(g) 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.
(h) 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
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herein.
(12) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as set out fully
(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: Program Rules and Regulations
Attachment B: Scope of Work and Equipment List
(13) FUNDING/CONSIDERATION
This is a goods, equipment and supplies grant Agreement. The
Department will grant to the Recipient certain equipment and supplies in order to fulfill
the purposes of the Florida Strategy.
(14) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) 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.
(b) All bills for fees or other compensation for services or expenses shall
be submitted in detail sufficient for a proper preaudit and postaudit thereof.
(c) If otherwise allowed under this Agreement, all bills for any travel
expenses shall be submitted in accordance with Section 112.061, Fla. Stat.
(d) The Department of Financial Services reserves the right to unilaterally
cancel this Agreement for refusal by the Recipient to allow public access to all
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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.
(e) 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.
(15) 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 Recipient also certifies that the undersigned possesses the authority to legally
execute and bind Recipient to the terms of this Agreement.
(16) RECEIVING AND INSPECTION CONTACT.
The name of the person responsible to sign for and inspect all goods and
equipment provided under this agreement is JIM BUDZINSKI at the shipping address:
Tamarac Fire Rescue
6000 Hiatus Road
Tamarac, FL 33321
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed by their undersigned officials as duly authorized.
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
Randall W. Napoli, Director
Division of State Fire Marshal
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
Lisa Miller, Chief of Staff
Department of Financial Services
Recipient
ATTEST:
MARION SVVIENtON, CMC
CITY CLERK
DATE: (oo D5
APPROVED AS TO FORM AND
LEGALSUFFICIENCY:
SA E S. GORED
INTERI)CITY ATTORNEY
DATE: kln-
1
Date
Date
CITY OF TAMARAC, FLORIDA
DATE:
JEWREf L. MILLER,
CITY MANAGER
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TR10715 - EXHIBIT 1
EXHIBIT —1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO
THIS AGREEMENT CONSIST OF THE FOLLOWING:
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.
Federal Program: Department of Homeland Security — Office of Domestic
Preparedness
97.004 — FY04 State Homeland Security Program
CFDA: 97.004
Approximate value equipment and training is $700,000. Refer to attachment for
detail
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL
RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS
FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal
program, list applicable compliance requirements for each Federal program in the
same manner as shown below.
Federal Program:
Recipient is to use funding to perform eligible activities as identified in the
Office of Domestic Preparedness Fiscal Year 2004 State Homeland Security
Grant Program (SHSGP), consistent with the Department of Homeland
Security Homeland State Strategy.
2. Recipient is subject to all administrative and financial requirements or will be
in violation with the terms of the agreement.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
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SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
N/A
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COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
N/A
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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TR10715 - ATTACHMENT A
Attachment A
Program Statutes and Regulations
Chapter 252, Florida Statutes
28 C.F.R.
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TR10715 - ATTACHMENT B
Attachment B
Scope of Work
This agreement is entered into as an addendum to current statewide mutual aid
agreements and is for the purpose of receiving specialized equipment and continued
participation as a local and regional responder and in case of declared emergency, a State
of Florida Response Asset.
The Recipient shall maintain ownership (limited by Paragraph 4 below) of said
goods and equipment, in a satisfactory operational condition, provided to it under this
agreement (see Equipment List below) for the normal expected operating lifetime or shelf
life of said goods and equipment. This includes routine maintenance, repairs, insurance
for the vehicle, etc.
The tower/trailer unit shall remain the property of the Department of Financial Services,
and shall be insured by the same. Maintenance costs shall be borne by the Department.
The Recipient is not responsible for replacing goods or equipment that has reached the
end of its normal life expectancy or exceeded its posted shelf life. The Recipient shall
replace and potentially be reimbursed through local, state, or federal reimbursement
processes or agreements for, all disposable goods and supplies expended for emergency
response, training, or exercises conducted in accordance with the Florida Comprehensive
Emergency Management Plan. The Recipient will be given preference with respect to
access to additional funding that may allow for equipment maintenance, replacement or
repair, as well as training and exercises. At this time the parameters to any additional
monies have not been defined. Recipient will be notified if additional monies become
available.
The equipment, goods, and supplies ("the eligible equipment") provided under
this agreement are for the purposes specified. The Recipient specifically agrees to:
Participant agrees to transport the Mutual Aid Communications trailer and the
equipment assigned to it to emergency scenes throughout the state and to operate said
base equipment.
2. Any State request for deployment of the Team shall be preceded by a "Mission
Number" to be issued by the State of Florida, Division of Emergency Management
and/or Division of State Fire Marshal, or other mechanism that provides for the
reimbursement of costs associated with said deployment.
3. The Recipient shall submit an annual report to the Department, which is due to be
received by the Department no later than January 31 for the previous calendar year.
This Report will verify the participation in the activities and training status of the
team, as well as the condition and/or depletion of the equipment.
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4. The Recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage,
encumber or otherwise dispose of the eligible equipment without the prior written
consent of the Department.
5. The Recipient may purchase appropriate tow vehicle that is compatible to the
recipient's fleet by brand/make/model. Recipient may determine vehicle paint
scheme, local markings, etc. that do not adversely effect the vehicle's compliance
with NFPA, USDOT or other vehicle standards. The Department will provide
permanent markings indicating the funding source on the tow vehicle. Local agency
insignia may be added to the markings provided on the trailer unit. Said vehicle may
be used by Recipient for normal operations within their purview. $25,000 is
specifically allocated to this vehicle, which is reimbursable by the Department upon
invoice from the Recipient by August 15, 2005.
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