HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-113Temporary Resolution #10117
May 6, 2003
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2003- 1 1 3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT A GRANT
AWARD AND EXECUTE A GRANT AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF
COMMMUNITY AFFAIRS FOR A GRANT IN THE AMOUNT
OF $4,000 WITH AN IN -KIND CITY MATCH OF $2,500
FOR A TOTAL PROJECT COST OF $6,500 TO PROVIDE
COMMUNITY EMERGENCY RESPONSE TEAM
TRAINING, SUPPLIES AND MATERIALS; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO AMEND THE
GRANTS FUND BUDGET IN THE AMOUNT OF $4,000 IN
ACCORDANCE WITH PROPER ACCOUNTING
PROCEDURES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to expand and
enhance its emergency management capabilities in the areas of response and
recovery; and
WHEREAS, the City has a successful Community Emergency Response Team
program in place to assist the City in times of disaster; and
WHEREAS, the Federal Emergency Management Agency has made funding
available to States to make subgrants to enhance Community Emergency ResponsE
Teams; and
1
Temporary Resolution # 10117
May 6, 2003
Page 2
1
WHEREAS, the State of Florida Department of Community Affairs is
administering the Federal Emergency Management Agency subgrants for the State;
WHEREAS, the City applied for grant funding from the State of Florida
Department of Community Affairs through Federal Emergency Management Agency
subgrant program in the amount of $4,000 providing for an in -kind City match of
$2,500 and a total project cost of $6,500 to provide Community Emergency Response
Team training, materials and supplies as outlined in the grant application hereto
attached as Exhibit "A"; and
WHEREAS, the City of Tamarac received notification from the State of Florida
Department of Community Affairs that the grant application in the amount of $4,000
had been approved; and
WHEREAS, a match in the amount of $2,500 of in -kind training services are
available from the Tamarac Fire Rescue Department; and
WHEREAS, the City Manager and the Fire Chief, as the City's Emergency
Management Coordinator, recommend executing of the agreement, hereto attached
as Exhibit "B", with the State of Florida Department of Community Affairs; and
Temporary Resolution # 10117
May 6, 2003
Page 3
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 grant
funding and execute a grant agreement with the State of Florida Department of
Community Affairs for a grant in the amount of $4,000, with a City in -kind match of
$2,500, for a total project cost of $6,500, to provide Community Emergency Response
Team training, materials and supplies.
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 accept the
grant award in the amount of $4,000 from the State of Florida Department of
Community Affairs and execute the grant agreement hereto attached as Exhibit "B."
Section 3: The appropriate City Officials are hereby authorized to amend the
grants fund budget in the amount of $4,000 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.
Temporary Resolution # 10117
May 6, 2003
Page 4
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
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 28th day of May, 2003.
E SCHREIBER, MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS .c
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
1
MITCHELL S. K
CITY ATTORP
1
TR#10117
Exhibit "A"
,F17EM- Engaging Florida's Communities in All -hazard Preparedness
FEMA-FY 02 Supplemental Applicant Questionnaire
Citizen Corps/ CERT Sub -grant Program
Applicant Information
Legal Name: City of Tamarac
Address (give city, county, state and zip code):
7527 NW 88th Avenue
Tamarac, FL 33321
Employer Identification Number: 59-1 039552
Agency contact: Kimberly Perron or Van Schoen
Agency Contactz-nail: kimp@tamarac.org or
vans@tamarac.org
Agency Contact Phone:
(954)718-3051 or (954)724-2530
Agency Contact Fax:
(954)724-1299
To the best of my knowledge and belief, all data in this application are true and correct, the document has been
duly authorized by the governing body of the applicant and the applicant will comply with the attached
assurances if the assistance is awarded.
Type Name of Authorized Representative Phone Number:
Jeffrey L. Miller 1 (954)724-1230
Title
City Manager
jeffm@tamarac.org
of Authorized Representative I pate Signed:
FEMA FY 02 Supplemental Citizen Cor s/CERT Sub -grant App-P 2
A licant Ouestionrliaire
PART A- Answer PART A only if a I in for a Citizen Corps Council Sub- rant - 17 500
1. Do you currently have a Citizen Corps Council serving your community? _ yes
2. If yes to # 1 -- what is its name & address:
no
( Answer the followin ues i ns lease- if nQt applicable -put a as appropriate)
3. If you receive a Citizen Corps Council Start-up Grant, once noted of your grant how long would it be before
you could be operational?
4. Approximately how many paid staff members would you have supporting you council?
5. Approximately how many volunteers would you anticipate donating time to you Council?
fi. How many persons would be on your Council Board? Would all be voting members? --yes `no
7. Do you have a potential location for offices? _ yes _no Is it free space? ___yes ^ no
8. Estimated Council Total Annual Budget $ Where will the $ come from above the,$17,SW sub -
grant funds annually?
9. What plans do you have to carrying on and fund the Council after this one-time Sub -grant? (Attach a one page
explanation)
10. Would your Citizen Corps Council have a contract or agreement to provide specific services to your County or
other jurisdiction during any phase of an emergency (mitigation, preparedness, response or recovery? No
(If YES please describe activities briefly)
11. What funding would you (or do you currently receive) that would (or is) specifically for disaster related work,
including federal, state, county, municipal, corporate, grants and donations?
A. Source:
Work supported by this funding:
1.1
Amount:
Amount:
Work supported by this funding:
12. It is not necessary that a Citizen Corps Council participate in disaster related activities; however, if you do or
plan to do you have a letter of support from your County Office of Emergency Management yes no
if yes is it included with this application? yes no
13. Is there a Voluntary Organizations Active in Disaster (VOAD) or an interfaith / interagency coalition that serves
your county? Yes No
If yes: Name of the organization: Website or E-mail
If yes: How often do you attend those meetings?
Never 1-2 times per vear_ Quarterly Monthly
PART B — Answeug for a CERT Sub -Grant
App-P 3
14. Is this request for a CERT Sub -grant for a "Start-up" of a whole new program in a jurisdiction
currently without any program? yes X no
15. Is this request for a CERT Sub -grant for a "Start-up" of a whole new program sponsored by one of
the following agencies, jurisdictions or groups?
County Emergency Management Office/Agency City Emergency Management Office
Fire/Rescue Service Sheriff/Police Agency — Other county/municipal Agency
Fire Tax District Native American Tribe/Nation 501c3 IRS Not -for -Profit Group
16. Is this request for an expansion of an existing Program? X yes _ no
17. What size CERT Sub -grant are you applying for(mark only one):
X $ 4,000 (35-50+ trainees) $ 20,000 (235-250+ trainees)
$ 8,000 (85-100+ trainees $ 24,000 (285-300+ trainees)
$ 12,000 (135-150+ trainees) _ $ Other Amt $
$ 16,000 (185-200+ trainees) _ $ "Special Small Grant" less than $3,000 (15-25 trainees)
18. If awarded this Sub -grant, will your program purchase the minimum required Personal Protective
Equipment (PPE) for each trainee trained under this grant, utilizing funds from this grant?
(Min. Re uired PPE- Hard Hat, Protective Eye Ware, Reflective ID Vest, Body Fluid Isolation Gloves,
Leather Gloves, dust mask or simple HEPA filter mask, flashlight, marking caulk or marking crayon,
signal whistle, basic first aid material - of at least 2 triangle bandages, 2 roller gauze {2" & 4"}, 6
sterile gauze pads at least 4"x4", cardboard or other type simple forearm splint, 1 roll duct tape, 1 foil
rescue blanket, wrench or gas meter slotted turn off wrench, ID tag and backpack or carry bag.)
X yes no
19. If awarded this Sub -grant will your training program teach the full FEMA CERT Basic Training
Program, All Modules? __X__yes no If no what unit will you leave out?
20. If awarded this Sub -grant will your training program include the FEMA CERT Mod 8-Terrorism &
Shelter -In -Place unit in the instruction? X yes no
21. While this Sub -grant is a "no match" grant, do you plan to provide "In- Kind" type functions to extend
this grant to train more CERT members than the minimum required for the size -grant requested?
X yes no If yes briefly detail what will be "in -Kind" functions: initial training, continuing_
training administrative support
CERT Application App-P 4
22. Can all funds provided in the size Sub -grant requested, be spent by your program no later than
Dec. 15, 2003 X yes ,,,_ no
23. Does your program understand that any equipment/supplies purchased must be for CERT Basic
Training. X yes ^ no (Expensive radios --- those costing more than $100 each, laptop
computers, video projectors, vehicles, expensive extrication equipment or any item over $250
individual cost is not permitted.) (In programs requesting $8,000 or more - one laptop and one video
projector with combined cost of not more than $2500 will be permitted with special approval by the
FDEM-CERT Office — but should be so noted in the application budget information- under supplies,
not equipment.) (NOTE: In your budget no $ should be shown for equipment -this item refers to
"equipment" costing over $5,000 only. All training Items- shovels, fire extinguishers, extrication hand
tools, cribbing, disaster medical items, etc are considered training supplies for Sub -grant purposes).
24. Do you agree to reporting required information on a quarterly basis to the FDEM-CERT Office for this
Sub -grant and all information for you total CERT Program as requested. X yes _no
25. Will your program have a CERT Train -The -Trainer (TTT) Qualified Individual (FEMA/FDEM graduate
of CERT TTT-417or 317 Trainer Course) as Program Manager? X yes no
26. Will your program have a CERT Train -The -Trainer (TTT) Qualified Individual (see Q 25) as the
Course Manager or Lead Instructor for your Courses? X Yes No
If yes Name, Address, phone number and E-mail address of the individual? Van Schoen 7525 NW
88`" Avenue Tamarac FL 33321 954 724-2530 vans tamarac.or
27. How many different CERT Training Courses do you plan to completed by the end of December 2003
under this Sub -grant? Number 2 Estimated average # students/course 15-20/course
Any other brief comments you want to submit (enter below line)
The City of Tamarac's CERT program has been ranked and prioritized on the Broward County Local
Mitigation Strategy List. Please see the attached letter of support from the Broward Emergency
Management Agency.
CERT FEMA FY-02 Supplemental Sub -Grant Application
City of Tamarac Budget Narrative
The City of Tamarac has an existing CERT program in place. Since its inception,
Tamarac Fire Rescue Department has trained 300 local citizens in the 21 hour FEMA
CERT Basic Training Program. This proposal includes all of the necessary equipment,
PPE, and training materials to train an additional 35 people in the basic course,
Modules 1 through 8. As a minimum, the PPE supplies will include a hard hat,
protective eyewear, reflective vest, ID tag, dust mask, latex gloves, leather work gloves,
flashlight, signal whistle, marking chalk, duct tape, 2 triangle bandages, 2 roller gauze, 6
sterile gauze pads, forearm splint, wrench, backpack, and copy of operating
procedures. The estimated cost for the PPE is shown in the table below. Training
materials will be reproduced and bound at a cost of $25.00/trainee.
At its own cost, the City will provide the training instructor, Van Schoen, which is an
estimated in -kind contribution of $2,500. Mr. Schoen is a certified CERT Train -the -
Trainer who is the Program Manager and who will also be the lead instructor. The City
will provide all of the necessary training equipment including fire suppression,
extrication, first aid, and search and rescue equipment. Training will be conducted at
the Fire Rescue Department headquarters and at Tamarac Fire Rescue Station 41.
Item
Cost/ Trainee
OT Y
Total
Training Material
$
25.00
35
$
875.00
Hard Hat
$
15.00
35
$
525.00
Protective Eyeware
$
3.75
35
$
131.25
Reflective vest
$
5.00
35
$
175.00
Rubber Gloves
$
1.00
35
$
35.00
Work Gloves
$
6.25
35
$
218.75
Dust Mask
$
1.30
35
$
45.50
Flashlight
$
4.00
35
$
140.00
Marking Chalk
$
0.50
35
$
17.50
Signal Whistle
$
2.00
35
$
70.00
2 Triangle Bandages
$
2.00
35
$
70.00
2" Roller Gauze
$
0.50
35
$
17.50
4" Roller Gauze
$
1.00
35
$
35.00
4" x 4" Gauze Pads
$
1.00
35
$
35.00
Cardboard Forearm Splint
$
5.00
35
$
175.00
Duct Tape
$
2.00
35
$
70.00
Foil Rescue Blanket
$
5.00
35
$
175.00
Disaster Preparedness Tool/Wrench
$
13.00
35
$
455.00
ID Tag
$
1.00
35
$
35.00
Backpack
$ 20.00
35
$ 700.00
TOTAL.
$
114.30
$
4,000.50
Exhibit "B"
79M II!►kX -5 AN II: 117 TR# 10117
RECEI►, EL"
(CITY OF TAMARAC
CITY 10ANAGEfl STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
IFS BUSH COLLEEN CASTILIE
Governor'
Secrelary
April 30, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Kimberly Perron
Special Projects Coordinator
City of Tamarac
7527 NW 88th Avenue
Tamarac, Florida 33321
RE: FUND OFFERING LETTER
Dear Ms. Perron:
We are pleased to inform you that your Citizen Corps/CERT (Community Emergency
Response Team) grant application under the FEMA funding has been approved for an award in the
amount of $4,000. The Department of Community Affairs is pleased to forward to you an
Agreement for your recently awarded funds. Enclosed are four (4) copies to be executed by the
proper official.
Prior to execution of this Agreement, you are asked to carefully review it in its entirety.
Section 10(c), Notice and Contact, page 8 , um st be completed on all copies before returning the
Agreements to the Department. Also, provisions under Section 16 (b) Funding/Consideration
allows you to request an advance of funds. The advance of funds may not exceed the expected
cash needs of the Recipient within the first three months of the agreement. If an advance
payment is requested, the budget data on which the request is based and justification
statement must be completed on Attachment F (Justification of Advance) on all copies.
2555 SHUMARD OAK R01)1 EVARD + T A I I A HA< < I t I I C)R IPA )? 3crr.-2l111
Phnn, 850.488.84(( :r
- i vC i PN FIE LO OFF ICF .
Applicant
April 30, 2003
Page Two
After your review, please have the appropriate official sign and return all four documents to
this Department prior to May 30, 2003 for final execution before the end of the State fiscal year.
_The agreement will begin upon receipt of this fund offering letter and end on November 30,
2003. Please be aware that costs incurred prior to the receipt of this fiend offering letter will not be
reimbursed under this award. A fully executed copy of the Agreement will be returned for your
records.
Congratulations on your award; we look forward to working with you on this project. If you
have any questions, please contact Ms. Marie Baldino at (850) 414-7768.
Respectfully,
. Craig Fu tree r
Division of Emergency anagement
WCF; dws
Enclosures
Contract Number: 03CT-95.11-16-02-382
CFDA Number: 83.564
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and 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
B. WHEREAS, the Department has received these grant funds from the federal government,
and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter
set forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) BUDGET AND SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERI pD OF AGREEMENT
'this Agreement shall begin on the date of the fund offering letter, and shall end
November 30, 20p3, unless terminated earlier in accordance with the provisions of paragraph (9) of this
Agreement. Final requests for reimbursement shall be submitted no later than fifteen (15) days after the
termination date of the Agreement. Any requests received after December 15, 2003, may in the
discretion of the Department, not be reimbursed form this Agreement. Reimbursement requests shall
not be submitted by fascimile tranmission.
(4) MODIPICATION OF CONTRACT REPAYMENTS
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.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department
at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(5) REC0RDKEEPING
(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
2
is made with a cornmercial (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.
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 Budget and Scope of
Work - Attachment A - 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.
(g) REPORTS
(a) At a minimum, the Recipient shall provide the Department with monthly reports, and
with a close-out report as set forth in Attachment E.
3
(b) Monthly reports are due to be received by the Department no later than 10 days after
the end of each month of the contract period and shall continue to be submitted each month until
submission of the administrative close-out report.
(e) The close-out report is due 15 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(ci) If all required reports and copies, prescribed above, are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days
after written notice by the Department. "Acceptable to the Department" means that the work product
was completed in accordance with generally accepted principles and is consistent with the Budget and
Scope of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment E.
(7) MONITORING
The Recipient shall constantly monitor its performance under this Agreement to ensure that time
schedules are being met, the Budget and Scope 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_ In addition, the Department will monitor the
performance and financial management by the Recipient throughout the contract term to ensure timely
completion of all tasks.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited
to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised,
and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and
cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the
event that the Department determines that a limited scope audit of the Recipient is appropriate, the
Recipient agrees to comply with any additional instructions provided by the Department to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition,
the Department will monitor the performance and financial management by the Contractor throughout
the contract term to ensure timely completion of all tasks.
(8) LIAB�
(a) Unless Recipient is a State agency or subdivision, 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 tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(9) DEFAULT: 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 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 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 filed with the Department, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of
the services required under the Budget and Scope of Work attached hereto as Attachment A.
(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 (10) herein;
of this Agreement;
2. Commence an appropriate legal or equitable action to enforce performance
3. Withhold or suspend payment of all or any part of a request for payment;
4. 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;
under law;
5. Exercise any other rights or remedies which may be otherwise available
(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 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) 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.
(e) In addition to any other remedies, the Recipient shall return to the Department any
funds which were used for ineligible purposes under the program laws, rules, and regulations governing
the use of the funds under the program.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
7
(10) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement,
(b) The name and address of the Department contract manager for this Agreement is:
Telephone:
Fax:
Email:
(o) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Jeffrey L. Miller W'th t
7525 NW 88th Avenue
Tamarac FL 33321
Telephone: 954724-1
Fax: 9 5 4 2 —
Email: tam
i a copy o
the City Attorney
at tha same address.
(d) In the event that different representatives or addresses are designated by either
parry after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (10)(a) above.
(11) OTHER PROVISIONS
(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
i=
null and void to th 4e� extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
((,—) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict per-formance 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 fc>r 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 seg. , if applicable, which prohibits discrimination by public
and private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(fl 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 judg nnent 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;
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
11(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.
(12) AUDIT RE UIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
(d) If the Recipient is a 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
10
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....ln determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of 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 12 (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).
(a) 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:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
11
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 revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101" 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-1 33, as revised,
and any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(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 the Auditor General, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
12
(i) 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, the 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, the 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.
(j) 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.
(K) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of five 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 five-year period, the records shall be retained until the litigation or audit findings
have been resolved.
(1) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) Who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, FIB The IPA shall state that the audit complied with the applicable provisions noted
above.
(13) SUB ONTRACTS
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the
subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
1"
(14) TERMS AND CONDITIONS
-rhe Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only
to the extent of such conflict or inconsistency.
(G) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Assurances
Attachment D - Justification of Advance
Attachment E - Reports
(16) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $ 4y00_0
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida
Statutes. The amount which may be advanced may not exceed the expected cash needs of the
Recipient within the first three (3) months of the contract term. For a federally funded contract, any
advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be included in this Agreement as Attachment D.
Attachment D will specify the amount of advance payment needed and provide an explanation of the
necessity for and proposed use of these funds.
1. ��^ No advance payment is requested.
2. An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(17) 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) If otherwise allowed under this Agreement, the Agreement may be renewed on a
yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than
the term of the original agreement, whichever period is longer, specifying the terms under which the cost
may change as determined in the invitation to bid, request for proposals, or pertinent statutes or
regulations.
(c) All bills for fees or other compensation for services or expenses shall be submitted
in detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) 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 (,,I p4N'))• The Department shall consider the employment by any contractor of
unauthorized aliertis 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.
(18) LpBBYING PROHIBITION
(a) No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief.
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
1F
complete and sub "it Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representative of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100.OoO for each such failure.
(19) COPYRIGHT PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre --existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with
the performance of this Agreement are hereby reserved to the State of Florida. In the event that any
books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
17
Department. Any end all copyrights accruing under or in connection with the performance under this
Agreement are he reby transferred by the Recipient to the State of Florida.
(o) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which occur during performance of the Agreement.
20) 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.
(21) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
(22) VENDOR PAYMENTS
pursuant to Section 215,422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established
pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the
warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
Recipient: City of Tamarac
BY: )P1401C
Name and Title: Joe Schreiber, Mayor_
Dater O'J
BY:
Name and Title: Jeffrey L. Miller, City Manager
Approved as to legal fgRm an�r,gfficiency:
Name and Title: Mitchell S. i aft,_C
Date: LI0
FI D#: 59-1039552
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
Name and Title:
Date:
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 (list Federal agency, Catalog of Federal Domestic Assistance title and number ) - S (ansow�
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:
List applicable compliance requirements as follows:
1 . First applicable compliance requirement (e.g., what services/purposes resources must be used for ).
2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources).
3. Etc.
NOTE. Instead of listing thespecific compliance requirements as shown above, the State awarding agency may elect
to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws,
rules, regulations, etc. For example, for Federal Program I, the language may state that the recipient must comply
with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how
eligibility determinations are to be made. The Stote awarding agency, if practical, may want to attach a copy of lite
specific law, rule, or regulation referred to.
STATE RESOURCES AWARDED TO TILE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
NOTE: !f the resources awarded to the recipient for punching represent more than one Federal program, provide
the same information shown below for each Federal program and show total State resources awarded for matching.,
Federal Program tlist Federal ageney, Catalog of Federal Domestic Assistance title and _number) $ (arnrxa)
SUBJECT TO SECTION 2I5.97 FLORIDA STATUTES:
NOTE. If the resources awarded to the recipient represent more than one State project, provide Ilse same
information shown below for each Stateproject and show total state financial assistance awarded that is sub
�ecl to
Section 2I5.97 Florida Statutes.
State Project (list State awarding agency, Catalog of State Financial Assistance tide and number) - S (mmxaa)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT' TO
THIS AGREEMENT ARE AS FOLLOWS:
NOTE: List applicable compliance requirements in the same manner as ilhtstrrued above_fnr Federal rexoiirve.%.
For rnatc'hinh resources provided br the Depurnylem i,.' ".1 W ", 10» l edetal provranu. the reipmenu,nr, mir hr ht
siuiilul n, rh, regt1iremvn1, ship rh,
pertain to different amounts of the non -Federal resources, there may be more titan one grouping (Le.,1, 2, 3, etc.)
listed under this category.
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.
Attachment A
Budget and Scope of Work
1. SCOPE OF 'WORK
The Recipient will Provide, in the required timeline and deliverable documents, subject to approval
by the Division of Emergency Management, information relating to the recipient's plans,
accomplishments and delivery of the following items and activities as represented in the proposal
to start-up or expand the Community Emergency Response Team (CERT) program operated by
Recipient utilizing funding under this sub -grant.
A. Provide CERT training to at least 35 participants and/or CERT refresher training to at least
0 participants.
B. Provide PPE (Personal Protective Equipment) equipment to at least 35 new CERT members
trained under this sub -grant, upon successful completion of training. Individual equipment
will include at a minimum: a CERT - "bag or backpack" with at least minimum necessary
personal protective equipment of- helmet, work gloves, latex or neoprene or other body fluid
protective groves, eye protection, flashlight, ID/reflective vest, CERT ID, etc. Green,
Reflective Green or Reflective Lime Green is the preferred color for CERT helmet, bag or
backpack and ID Vest. However, for program expansions where team colors are already in
use, continued use of your current color scheme for consistency is acceptable.
C. Provide necessary class supplies/materials, training space and instruction
for the new CERT Team members enrolled under this grant. Training will
utilize the Standard FEMA-CERT Training Program as a minimum (unless variance granted
by FDEM-CERT Program Office). Training must also include the recently added FEMA-
CERT Module 8 - Terrorism - Trainin Unit.
D. Provide sufficient clerical/administrative support to handle timely the administrative aspects
of the CERT program related to this grant. Exact contact information for the CERT
Administrative Support Individual must be provided at the time of grant submission and
updated or verified with each monthly submission
E. CERT Training must be conducted by a Lead Trainer who has completed the FEMA (or
FDEM sponsored) CERT Train -The -Trainer Course # G-417. (or equivalent as agreed to by
the FDEM-CERT Office). Associate Trainers who are not graduates of G-417, but who are
Subject Matter Experts (SME) can be utilized in their areas of expertise to teach individual
topics in the CERT Program. They must be under the direct supervision of the approved
Course Trainer. Associate Trainers must cover thoroughly the official FEMA-CERT Basic
Training Module when they are teaching a module or segment. (CERT Training Manuel ]G-
317, May 1994 or the appropriate updates as they become available and SM-317 or the
appropriate updates as they become available).
and monthly.
G. Recipierit agrees to accept non -grantee CERT trainees from other locations, on a space
availabl,o basis. These participants will be clearly documented on course rosters to accurately
reflect the location in which they will serve as CERT members upon completion of the
course.
H. To report on a monthly basis any activation of a CERT Team or compolnents
thereof for actual emergency duty, projects, information fairs, or other usage
via the information format required in the product items below.
II. PRODUCT ITEMS
A. The following information and documentation must be provided in the first monthly progress
report due prior to June 15, 2003:
1. A schedule of training classes to be presented within the contract period. Minimum
requirernents: course agenda, course location, contact information and qualifications of Lead
Instructor, and a point of contact for each course.
2. A revised budget;
3. A timeline for key activities leading to the first CERT training course to include, as a
minimum
a. Selection and training of CERT administrative/coordinator and lead instructor(s).
b. Strategy and methodology for recruitment of students.
c. Selection of training site(s) - location
d. Procurement of all required Personal Protective Equipment (PPE) for each participant.
e. Procurement of all course supplies and student manuals for each participant.
f. Listing and detailing of any supplemental curriculum training for CERT members,
beyond the FEMA-CERT Basic course. (for refresher courses only)
g. plans for follow-up refresher courses for program graduates.
h. Plans to maintain CERT members, indicating how they can be used to supplement
emergency management activities in disaster and non -disaster situations;
i. Plans to utilize CERT graduates in expanded program activities (such as the FLASH
program, support of Police Traffic Control, etc.).
4. For expansion programs only:
a. A complete listing of all CERT Teams currently in their jurisdiction. Listing will
include team name, general area of coverage, phone number and email address of
contact person, if any.
B. The following will be provided in all subsequent monthly progress reports:
Stiltlls of and
uhmissioW
2. Roster(s) of students trained during the period and formation of new CERT Teams, if any.
Roster should include at minimum: Name and date training completed for each participant
and for new CERT team formations: Name of team., location coverage, contact information
includirr; e-mail address and phone number, if any.
3. A list of equipment and supplies to be purchased for each CERT member's PPE kit funded
under this sub -grant.
4. A list of course supplies (not listed in # 3 above) and student manuals purchased for each
participant under this sub -grant. Student manuals are mandatory under this grant.
5. Sample copies of any materials (e.g. news releases, brochures, videos, notices, letters,
pictures or the like) produced to promote the CERT program under this sub -grant and
courtesy copies of other program promotion items.
6. Sample copies of all recruitment announcements and public information presentations
relating to announcing the CERT training provided under this grant.
7. A list of other CERT activities (i.e., additional training, drills, and meetings).
8. Total amount of grant funds used to date and for what activities.
C. To submit with the monthly report, a report of CERT activation for
emergency or non -emergency situations. Report should detail: date, team name,
number of CERT members activated, and a brief description of activity. This will
include situations where CERT members have augmented a community's
emergency management capability. (Example of non -emergency CERT team
activities: a special project that enhanced a community's preparedness.)
III. SCHEDULE OF WORK AND PAYMENTS
A. By July 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B.
and part II.C. shall be submitted to the Department for approval. In addition, all invoices for
expenses incurred to perform the work or prepare the products should be submitted.
B. By August 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B.
and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for
expenses incurred to perform the work and prepare the products should be submitted_
C. By September 1, 2003 a monthly report with the appropriate documentation as listed in Part
II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all
invoices for expenses incurred to perform the work and prepare the products should be
submitted-
D. By October 1, 2003 a monthly report with the appropriate documentation as listed in I'art
11.13. and Part H.C_ shall he submitted to the Jol approval- ]n addition_ all
7 itr frn cxhf n�c
E. ByNovernber 1, 2003 a monthly report with the appropriate documentation as listed in Part
II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all
invoices for expenses incurred to perform the work and prepare the products should be
submitted.
F. ByNovernber 30, 2003 the final closeout report with the appropriate documentation as listed
in Part 11.13. and Part II.C. shall be submitted to the Department for approval. In addition, all
invoices for expenses incurred to perform the work and prepare the products should be
submitted.
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 exceed 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 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 these funds.
Attachment B
Program Statutes and Regulations
1. Chapter 252, Florida Statutes
2. Chapter 287, Florida Statutes
3 Chapter 119, Florida Statutes
4. Chapter 60A-1, Florida Administrative Code
5. Chapter 215.97, Florida Statutes (Audit Requirements)
6. Chapter 215.34(2), Florida Statutes
7. Chapters 10.550 (local government entities) or 10.650 (non-profit organizations),
Rules of the Auditor General
8. OMB Circular A-133 (if applicable)
9. Section 112.061, Florida Statutes
10. 8 U.S.C., Section 1324a(e) [Section 27A(e) of the Immigration
and Nationality Act ("INA")
11. Section 768.28, Florida Statutes
12. Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 e"se
13. OMB Circulars A-87 and A-102
14. Chapter 216.181(16), Florida Statutes
15. 48 Code of Federal Regulations, Part 31, if applicable
Attachment C
Assurances
To the extent the following provisions apply to the award of assistance in this Agreement, as
agency, the Subgrantee hereby assures and certifies that:
determined by the awarding
(a) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.,
requiring that mechanics and laborers (including watchmen and guards) employed on
federally assisted contracts be paid wages of not less than one and one-half times their
basic wage rates for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work -week.
(b) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued
pursuant thereto, which provides that no person in the United States shall on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity for which the
Subgrantee receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is provided
or improved with the aid of Federal financial assistance extended to the Subgrantee, this
assurance shall obligate the Subgrantee, or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a purpose
for which the Federal financial assistance is extended, or for another purpose involving the
provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or with respect to otherwise qualified handicapped
individuals as provided in Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction contracts;
affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of
compensation; and election for training and apprenticeship;
(c) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 iJ.S.C. Section 12101 et seq.), where applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas of
employment, public accommodations, transportation, State and local government services,
and in telecommunications;
(h) It will establish safeguards to prohibit employees from using positions for a purpose that is
or gives the appe�irance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
(i) It will comply with the Anti -Kickback Act of 1986,41 U.S.C. Section 51 which outlaws
and prescribes penalties for "kickbacks" of wages in federally financed or assisted
construction activities;
(j) It will comply with the provisions of 18 USC 594, 599, 600-605 (further known as the
Hatch Act) which limits the political activities of employees;
(k) It will comply With the flood insurance purchase and other requirements of the Flood
Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements
regarding the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for construction
or acquisition purposes for use in any area having special flood hazards. The phrase
"Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or
indirect Federal assistance;
(1) It will require every building or facility (otherQhided under thiowned
Ag Agreement to comply residential
omply with
designed, constructed, or altered with funds pr
the "Uniform Federal Accessability Standards," (AS) which is Appendix A to �1 CFR
Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for
residential structures. The Subgrantee will be responsible for contractor;conducting inspections to
ensure compliance with these specifications by
(m) It will, in connection with its performance of environmental .assessments under the
National Environmental Policy Act of 1969, comply with Section 106 of the National
Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800,
and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1,
et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for i nclusion in the National Register of Historic Place that are subject to adverse
effects (see 36 CFR Section 800.8) by the proposed activity: and
(2) Complying with all requirements established by the State to avoid or 1i71ti2ate adverse
effects upon such properties.
(3) abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation
Office, the )Florida Department of Community Affairs and the Advisory Council on
Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and
State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 900.
(4) When any of Recipient's projects funded under this Agreement may affect a historic
property, as defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency
(FEMA) may require Recipient to review the eligible scope of work in consultation with
the State Historic Preservation Office (SHPO) and suggest methods of repair or
construction that will conform with the recommended approaches set out in the Secretary
of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for
Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other
applicable Secretary of Interior standards. If FEMA determines that the eligible scope of
work will not conform with the Standards, Recipient agrees to participate in consultations
to develop, and, after execution by all parties, to abide by, a written agreement that
establishes mitigation and recordation measures, including but not limited to, impacts to
archeological sites, and the salvage, storage, and reuse of any significant architectural
features that may otherwise be demolished.
(5) Recipient agrees to notify FEMA and the Department if any project funded under this
Agreement will involve ground disturbing activities, including, but not 1 imited to:
subsurface disturbance; removal of trees; excavation for footings and foundations; and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks) except where these activities are restricted solely to areas previously disturbed
by the installation, replacement or maintenance of such utilities. FEMA %%-ill request the
SHPO's opir►ion on the potential that archeological properties may be present and be
affected by sLlch activities. The SHPO will advise Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or %•ill make
reeommendntions for the development of a treatment plan for the recovery of archeological
t is unable to avoid the archeological property, develop,
data from the property. If Recipien
in consultation with the SHPO, a treatment plan consistent with the Guidelines and take
into account the Advisory Council on Historic Preser�'�ttion (Council) publication
`'Treatment of Archeological Properties." Recipient shall forward information regarding
the treatment plan to FEMA, the SHPO and the Council for revie��. If the SHPOand the
Council do no object within 15 calendar clays of receipt of the treatment plan, FEMA may
direct Recipient to implement the treatment plan. If either the Council or the SIM object,
Recipient shall not proceed with the project until the objection is resolved.
(6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a supplemental DSR or modify an HMGP
project for a National Register eligible or listed property; (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop
construction in the vicinity of the discovery of a previously unidentified property that may
be eligible for inclusion in the National Register or upon learning that construction may
affect a known historic property in an unanticipated manner. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable measures to avoid
or minimize harm to such property until FEMA concludes consultation with the SHPO.
Recipient also acknowledges that FEMA will require, and Recipient shall comply with,
modifications to the project scope of work necessary to implement recommendations to
address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall
not receive funding for projects when, with intent to avoid the requirements of the PA or
the NHPA, Recipient intentionally and significantly adversely affects a historic property, or
having the legal power to prevent it, allowed such significant adverse affect to occur.
(n) It will comply with Title 1X of the Education Amendments of 1972, as amended (20
U.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records;
(q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.)
which prohibits the use of lead based paint in construction of rehabilitation or residential
structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C.
6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant
thereto;
(s) It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131-2159,
pertaining to the care, handling, and treatment of warm blooded animals held for research,
teaching, or other activities supported by an award of assistance under this agreement,
(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42
3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of
housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of race, color or nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531--1544,
(X) It will comply With the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic
Preservation Act of 1966, as amended, 16 U.S.C. 270;
(z) It will comply with environmental standards which may be prescribed pursuant to the
National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
(bb) It will comply With the Rehabilitatipn Act of 1973, Section 504, 29 U.S.C. 794, regarding
non-discrimination;
(cc) It will comply with the environmental standards which may be prescribed pursuant to the
42 U.S.C. 300f-300i, regarding the protection of
Safe Drinking Water Act of 1974,
underground water sources;
(dd) It will comply with the requirements of Titles 11 and III of the Uniform Relocation
Assistance and Property Acquisition Polices Act of 1970, 42 U.S.C. 462 1-4638, which
provide for fair and equitable treatment of persons displaced or whose property is acquired
as a result of Federal or federally assisted programs;
(ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related
to protecting components or potential components of the national wild and 'scenic rivers
system;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738
(violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO
12898 (Environmental Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C_ 3510;
(hh) It will assure project consistency with the approved
State
progam 464r and developed under the
Coastal Zone Management Act of 1972, 1
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
6j) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient
ficient manpower and equipment to comply with
and its demolition contractor have stiff
the obligations as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been
contained there on.
nces and all
necessary
3. Furnish documentation of all qualified personnel, to detect the prepencetof asbestos
to inspect buildings located in Recipient's jurisdiction
and lead in accordance with requirements of the von end the CountylHealchtion Agency
the Florida Department of Environmental Protects
Department.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or he pwose applicables employed
ed by R��spient to remove
asbestos and lead from demolished or of
6. Leave the demolished site clean, level and free of debris.
7. Notify the Department promptly of any unusual existing condition which hampers the
contractors work.
8. obtain all required permits.
9. Provide addresses and marked maps for each site
cad er ea water" wells or septic tanks are
to be closed along with the number of wells tot
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act ( Public Law 94 1)
11. Comply with all applicable standards, warders, ore�gon 508 of the C can Water Act
uirements issued under Section
306 of the Clean Air Act [42 U.S.C. 1857(h)], S
(33 U.S•1368), Executive order 11738, and theashall onmadded entaltorote tion
Agency regulations (40 C.F.R. Part 15). This cts
any
subcontracts.
12. Provide documentation of public notices for demolition activities.
Attachment D
Justification of Advance
Not Applicable
Attachment E
Reports
No Text