HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-075Temp Reso. #11412
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May 12, 2008
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA ACCEPTING A SUBGRANT IN THE
AMOUNT OF $62,750 FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION THROUGH THE FLORIDA DEPARTMENT
OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES
FOR EMERGENCY MEDICAL SERVICES TRACKING AND
REPORTING SYSTEM (EMSTARS) FUNDING; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE A
PROJECT AGREEMENT AND SUBSEQUENT AGREEMENTS IF
NECESSARY PENDING LEGAL REVIEW AND APPROVAL
BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF TAMARAC FOR
SUBGRANT FUNDING IN THE AMOUNT OF $62,750 TO
PROVIDE FOR EMERGENCY MEDICAL SERVICES TRACKING
AND REPORTING SYSTEM INFORMATION TECHNOLOGY
EQUIPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to improve
emergency management capabilities within the City in the fundamental areas of response
and recovery; and
WHEREAS, the City desires to comply with the Florida State Emergency Medical
Service Office goal to develop an integrated data system for use in research and validation
of Emergency Medical Service (EMS) delivery systems, including evaluation of service
delivery and patient outcomes; and
WHEREAS, the City desires to install current information technology equipment in
Tamarac rescue vehicles for the provision of electronic patient care reports (PCR's); and
WHEREAS, the Florida Department of Transportation, through the Florida Department
of Health, Bureau of Emergency Medical Services provides subgrants to local governments
Temp Reso. #11412
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May 12, 2008
for Emergency Medical Services Tracking and Reporting System (EMSTARS) information
technology equipment, and
WHEREAS, acceptance of these subgrant funds requires the amending of estimated
revenues and expenditures within the Grants Fund Budget; and
WHEREAS, the Assistant City Manager and the Fire Chief recommend acceptance of
subgrant funds and execution of the Project Agreement and subsequent Agreements if
necessary pending legal review and approval between the Florida Department of
Transportation and the City of Tamarac; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to accept subgrant funding for
the provision of Emergency Medical Services Tracking and Reporting System (EMSTARS)
information technology equipment and to execute the Florida Department of Transportation
Project Agreement for subgrant funding in the amount of $62,750.
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 City Commission of the City of Tamarac HEREBY accepts the
subgrant award of $62,750 from the Florida Department of Transportation
SECTION 3: The appropriate City Officials are HEREBY authorized to execute the
subgrant Agreement (hereto attached as Exhibit A) and subsequent Agreements if necessary
pending legal review and approval between the City of Tamarac and the Florida Department
of Transportation for subgrant funding in the amount of $62,750 to provide for Emergency
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Temp Reso. #11412
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May 12, 2008
Medical Services Tracking and Reporting System (EMSTARS) information technology
equipment.
Section 4: The appropriate City Officials are HEREBY authorized to amend the Grants
Fund budget in the amount of $62,750 and appropriate said funds including any and all
subsequent budgetary transfers to be in accordance with proper accounting standards.
Section 5: All resolutions or parts of resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
Section 6: 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 application,
it shall not affect the validity of the remaining portion or applications of this Resolution.
Section 7: This Resolution shall become effective immediately upon its passage and
adoption. r�,�,
PASSED, ADOPTED AND APPROVED this 01,/ day of*-,
f 2008.
ATTEST:
MARION SWE ON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
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BETH ;. •
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RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
Attactiment 1
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Part V: Acceptance and Agreement
Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms
and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set
forth herein.
1. Reports. The subgrant year quarters are October 1 - December 31, January 1 - March 31, April 1 - June 30, and July
1 - September 30. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly
Progress Report of Performance Indicators forms to the State Safety Office by the last day of the month following the
end of each quarter (January 31, April 30, July 31, and October 31) if the subgrant was effective during any part of the
quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due.
The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities,
problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the
subgrantee or implementing agency.unpaid if the required reports are past due, following notification,
2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund
accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail
Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR,
Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other Non -Profit Organizations; OMB Circular A-102, Grants and Cooperative
Agreements with State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations;
OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State,
Local, and Indian Tribal Governments; and/or OMB Circular A-122, Cost Principles for Non -Profit Organizations,
(hereinafter referred to as Applicable Federal Law).
3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with
all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant
to sections 287.133(3)(a) and 287.134(3)(a), Florida Statutes.
(a) Section 287.133 (2)(a), F.S.
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, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;
may not submit bids, proposals, or replies 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 any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the convicted vendor list.
(b) Section 287.134 (2)(a), F.S.
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract
with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies 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 any public entity; and may not transact business with any public
entity.
4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing
all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the
subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor
agreement.
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All consultant agreements will contain the following statement:
The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of
Project # (insert project number), DOT Contract # (insert contract number). A final invoice must be received by
(insert date) or payment will be forfeited,
5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the
general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state
law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to
repayment by the subgrantee.
6. Travel. Travel costs for approved travel shall be reimbursed in accordance with the State of Florida, Department of
Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, but not in excess of provisions in
Section 112.061, Florida Statutes. All out-of-state travel, conference travel, meeting travel which includes a registration
fee, and out -of -grant -specified work area travel shall require written approval of the State Safety Office prior to the
commencement of actual travel as being within the travel budget of the project and relevant to the project. Out-of-state
travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing
Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant
activities. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates
exceeding $100 per day that are to be reimbursed. Rates exceeding $100 per day shall not be approved unless the hotel
is the host facility for an approved conference or -the average rate for all hotels in the area exceeds $100.
7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the
State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve
upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee require the change. For
example:
(a) Changes in project activities, milestones, or performance indicators set forth in the approved application.
(b) Changes in budget items and amounts set forth in the approved application.
(c) Changes to personnel in positions that are being reimbursed by this agreement.
Changes to the subgrant agreement shall only be requested by the Authorized Representative of the Subgrantee or the
Administrator of the Implementing Agency. Requests for changes to the subgrant budget must be postmarked no later
than June 30 of the fiscal year to be considered. Requests for budget changes postmarked after June 30 will be denied.
8, Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be
subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in
49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide
Requirements for Drug -Free Workplace (Grants), the subgrantee shall not be reimbursed for the cost of goods or
services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from
doing business with the Federal government. The subgrantee or its implementing agency shall submit the required
certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and
41U.S.C. 253(g) (currently $25,000).
9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant
award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons
for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described
herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing
agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety
Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted
by excusable delay, will extend the implementation date of the project past the 60-day period, but only by formal written
approval from the State Safety Office.
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10. Excusable Delays.
(a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall
be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any
failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the
control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or
of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform
must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by
the failure of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if
such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or
contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless
(1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the
State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or
services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably
with such order-
(b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and
extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the
said causes, the delivery schedule shall be revised accordingly.
11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the
termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the
termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's
employee, its implementing agency, or approved contractor or consultant performs the service required or when goods
are received by the subgrantee or its implementing agency, notwithstanding the date of order.
12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the
subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee
agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation,
termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the
subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The
sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect
on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of
such sanction.
13. Access to Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA),
Federal Highway Administration (FHWA), and the Chief Financial Officer and Auditor General of the State of Florida, or
any of their duly authorized representatives, shall have access for the purpose of audit and examination of books,
documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the
subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under
Applicable Federal Law.
In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, monitoring procedures will
include, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and status
checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement,
the subgrantee and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that
a limited scope audit of the subgrantee or its implementing agency is performed, the subgrantee agrees to bring the
project into compliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public
access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or
received by the subgrantee or its implementing agency in conjunction with the subgrant.
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14. Audit. The administration of resources awarded by the Department to the subgrantee may be subject to audits
and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of the
Governor website, which can be found at: www.fsaa.state.fl.us.
Recipients of federal funds (i.e. state, or local government, or non-profit organizations as defined in OMB Circular A-133,
as revised) are to have audits done annually using the following criteria:
In the event that the subgrantee expends $500,000 or more in Federal awards in its fiscal year, the subgrantee must have
a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page
1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by
this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of
Federal awards, including Federal funds received from the Department of Transportation. 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 subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as
revised, will meet the requirements of this part.
In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee
responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the subgrantee expends less than $500,000 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 subgrantee expends less than
$500,000 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 funds.
Copies of audit reports for audits conducted in accordance with OMB CircularA-133, as revised, and required by this
agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the
subgrantee directly to each of the following,
(a) Florida Department of Transportation
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
(b) Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-
133, as revised.
In the event that a copy of the reporting package for an audit required by this agreement and conducted in accordance
with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section
320(e)(2), OMB Circular A-133, as revised, the subgrantee shall submit the required written notification pursuant to
Section .320(e)(2) and a copy of the subgrantee's audited schedule of expenditures of Federal awards directly to each of
the following:
Florida Department of Transportation
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
In addition, pursuant to Section .320(f), OMB Circular A-133, as revised, the subgrantee shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued to
the auditor, to the Department at each of the following addresses:
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Florida Department of Transportation
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
15, Retention of Records. The subgrantee 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, the state CFO, or Auditor General access to such records upon request, The subgrantee shall ensure that the
independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor
General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing
by the Department.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49
CFR, Section 19.53,
16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms
provided by the Department (FDOT Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the
reported costs must accompany each claim.
The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once
each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a
quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly.
Personnel costs reimbursement shall be requested monthly if payroll is on a monthly basis. Failure to submit
reimbursement requests in a timely manner shall result in the subgrant being terminated.
All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of
one year or more shall be accompanied by a Non -Expendable Property Accountability Record (FDOT Form No. 500-
065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this forma
A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the subgrant
period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in
denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not
postmarked by October 31 following the end of the subgrant period.
The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt.
Reimbursement requests will be returned if not completed properly.
17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results
developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR,
Section 19.36, or OMB Circular A-110.
In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty -free,
nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use:
(a) The copyright in any work developed under a subgrant or contract under a subgrant; and
(b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support.
18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to
control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased
pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section
18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110. This obligation continues as long as the property is retained by
the subgrantee or its implementing agency, notwithstanding the expiration of this agreement.
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19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State
Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar
days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee
Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency
shall proceed diligently with the performance of the agreement and in accordance with Department's decision.
20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement.
Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit
the site for the purpose of inspection and assessment of work being performed at any time.
21. Publication and Printing of Observational Surveys and Other Reports.
(a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to
the agreement shall be submitted to the State Safety Office for review and concurrence-
(b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement
on the cover page:
(1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in
cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation
and/or Federal Highway Administration, U.S_ Department of Transportation.
(2) The conclusions and opinions.expressed in these reports are those of the subgrantee and do not necessarily
represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S.
Department of Transportation, or any other agency of the State or Federal Government_
22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national
origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this
subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its
implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as
supplemented by 41 CFR, Part 60.
23, Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the
subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department,
NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful
misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee
and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this
subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in
regard to said material as a reasonable careful owner of similar materials would exercise.
The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the
public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a
suit for personal injuries or property damage pursuant to the terms or provisions of this agreement.
24. Disadvantaged Business Enterprises (DBE).
(a) The subgrantee and its implementing agency agree to the following assurance:
The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program
required by 49 CFR, Part 26. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part
26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts_ Implementation of
this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose
sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
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(b) The subgrantee and its implementing agency agree to include the following assurance in each contract with a
consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract
agreements
The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable
requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the
consultant or contractor to carry out these requirements is a material breach of this contract, which may result in
the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the
Department deems appropriate.
25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require consultants
and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, for filing of certification and disclosure
forms.
No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state
agencies. Section 216.347, Florida Statutes.
26. How Agreement.is Affected by Provisions tieing Held Invalid. If any provision of this agreement is held invalid,
the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law.
27. Federal Requirement for Public Service Announcements. All public service announcements produced with
Federal Highway Safety funds shall be closed captioned for the hearing impaired.
28. Public Awareness Materials and Promotional Items. All public awareness materials and promotional items
reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of
Transportation logo or the words "Funding provided by the Florida Department of Transportation." shall appear on all
items.
The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items.
The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid
for with Federal highway safety funds.
Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be
submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items
are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal
highway safety funds shall be attached to the forms requesting reimbursement for the items.
29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on
September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective
agreement. The subgrant period shall not exceed 12 months,
30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the
subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.). The subgrantee shall include this provision in all subcontract awards in excess of $100,000.
31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new
position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the
State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded.
Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through
a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise
from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing
agency.
500-D65-01
SAFETY
os/os
32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with
the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal
years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not
being used by the subgrantee or its implementing agency for the purposes described in the subgrant shall be
repossessed by the State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to
agencies that agree to use the equipment for the activity described in this subgrant.
33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at their own
cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or
lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement.
34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department shall find
the subgrantee or its implementing agency ineligible for future funding for any of the following reasons:
(a) Failure to provide the required audits,
(b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends,
(c) Failure to provide required quarterly and final reports in the required time frame,
(d) Failure to perform work described in Part II of the subgrant agreement,
(e) Providing fraudulent quarterly reports or reimbursement requests,
(f) Misuse of equipment purchased with Federal highway safety funds.
35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is
enforced for all employees. A copy of the policy shall be submitted with the subgrant application.
36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating
procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached
to the subgrant application.
Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves conducted in
Florida and shall report their participation on the appropriate form by the deadline. Failure to participate shall result in the
subgrant being terminated.
37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing
equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the subgrant certifying
that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment,
whether the equipment was purchased with federal, state, or local funds.
38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After
Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of
Performance Indicators.
39. Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least
one staff member who is a current Certified Child Passenger Safety Technician. Failure to comply with this provision shall
result in the termination of this agreement.
40. Special Conditions.
PLEASE NOTE: This item must be signed by the individual identified in item # 2 (Applicant
Signer) on page 3.
11. Applicant Agreement and Certification:
My signature below certifies the following.
am aware that any omissions, falsifications, misstatements, or misrepresentations in this
application may disqualify me for this grant and, if funded, may be grounds for termination at a
later date. I understand that any information I give may be investigated as allowed by law. I
certify that to the best of my knowledge and belief all of the statements contained herein and on.
any attachments are true, correct, complete, and made in good faith.
I agree that any and all information submitted in this application will become a public document
pursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes'.
material which the applicant might consider to be confidential or a trade secret. Any claim o
confidentiality is waived by the applicant upon submission of this application pursuant to Section
119.07, F.S., effective after opening by the Florida Bureau of EMS.
I accept that, in the best interests of the State, the Florida Bureau of EMS reserves the right to
reject or revise any and all grant proposals or waive any minor irregularity or technicality in
proposals received, and can exercise that right.
I certify that all cash, salaries, fringe benefits, expenses, equipment, and other expenses as
listed in this application shall be committed and used for the activities approved as a part of this:
application.
The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and
Agreement of Project # FT-08-24-01, DOT Contract # AP062 (Attachment 1). A final invoice'
must be received by September 12, 2008 or payment will be forfeited.
cceptance of Terms and Conditions: If awarded funding, I certify that I will comply with all o
he above and also accept the attached terms and conditions and acknowledge this by signing
below.
%e
ignature of Applicant MM / DD / YY
(Individual Identified in Item 2)
...... ... .......................... ......
Department Approval: (to be signed upon approval.)
w _
--S'idnat" e by Pr ctor MM / DD / YY
17
FLORIDA DEPARTMENT OF HEALTH
EMS PROGRAM
REQUEST FOR REIMBURSEMENT
DOH Remit Payment To:
Name of Agency: Tamarac Fire Rescue
Mailing Address: 6000 Hiatus Rd
Tamarac Florida 33321
Federal Identification Number: 59-1039552
Authorized Agency Official
Sign t e Da e
Jeffrey L. Miller T City Manager
Type Name and Title
Sign and return this page with your application to:
Florida Department if Health
EMS Grant Program
DOT Funding
4052 Bald Cypress Way, Bin C18
Tallahassee, Florida 32399-1738
Do not write below this line. For use by Bureau of Emergency Medical Services personnel only
Amount For DOH To Pay: $
Approved By:
Signature of EMS Project Director
Or, ad nization Code E.O. OCA
64- N2000
Federal Tax ID: VF
Dates:
Object Code
Beginning Ending
10