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HomeMy WebLinkAboutCity of Tamarac Resolution (122)Temp. Reso. #9771 Page 1 April 30, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-122 A RESOLUTION OF THEITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA 4UTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A MODIFICATION TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE FLORIDA DEPARTMENt OF COMMUNITY AFFAIRS DIVISION OF EMERGE CY MANAGEMENT, PROVIDING FOR CONFLICTS; PROV DING FOR SEVERABILITY; AND PROVIDING FOR AN EFFIECTIVE DATE. WHEREAS, the City Commissiom of the City of Tamarac desires to expand and enhance its emergency management c0pabilities in the fundamental areas of response and recovery; and WHEREAS, Resolution R2001-1,47 authorized the appropriate City Officials to execute the State Funded Grant Agreement between the City of Tamarac and the Florida Department of Community Affairs Division of Emergency Management, hereto attached as Exhibit A, accepting a grant award in the remount of $105,000 to provide a generator for the City of Tamarac Community Center; an� and WHEREAS, the current State Funded Grant Agreement expires on June 30, 2002; WHEREAS, STANDARD CONDITIONS, Section B of the State Funded Grant Agreement provides for an extension ofIthe June 30, 2002 expiration date; and WHEREAS, the Modification to Agreement, hereto attached as Exhibit B, provides for an extension of the State Funded Grunt Agreement to September 30, 2002; and Temp. Reso. #9771 Page 2 April 30, 2002 WHEREAS, the City Manager and Director of Parks and Recreation recommend the execution of the Modification to Agreement; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute the Modification to Agreement extending the State Funded Grant Agreement to September 30, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That 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: That the appropriate City Officials are hereby authorized to execute the Modification to Agreement between the City of Tamarac and the Florida Department of Community Affairs Division of Emergency Management, hereto attached as Exhibit B. F SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. Fj 1 1 SECTION 5: This Resolution sh and adoption. PASSED,ADOPTED,AND ATTEST: �"- ' '.-j MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I haves�approved this Rf-SOLAJTION as to forrry MITCHELL S. K F CITY ATTORNEY Temp. Reso. #9771 Page 3 April 30, 2002 become effective immediately upon its passage PROVED this 8t" day of May, 2002. JOE SCHREIBER MAYOR OF COMMISSION VOTE: M YOR SCHREIBER A er 131, T 1: V/M. PORTNER A e,, Dli T 2: COMM. MISHKIN Excujec� DI T 3: COMM. SULTANOF_ Ayew DI T 4: COMM. ROBERTS Al ei Temp Reso. #9771 Exh;bit -A Agreement Number: 02CP-10-11-16-02-126 STATE FUNDED IIGRANT AGREEMENT THIS AGREEMENT is entered into b and between the State of Florida, Department of Community Affairs, with headquarters in Tall assee, Florida (hereinafter referred to as the "Department"), and the City of Tamarac, (her inafter referred to as the "Recipient"). I THIS AGREEMENT IS ENTERED 114TO BASED ON THE FOLLOWING FACTS: WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statules. and Rule Chapter 9G-19, Florida Administrative Code to disburse funds for emergency management grants to eligible recipients; and WHEREAS, the Recipient has been authorities after completion of the competiti WHEREAS, Recipient agrees to c award, as supplemented by the terms and NOW, THEREFORE, the Department I_ SCOPE OF WORK AND FUNDING II. funds under the above -referenced awards process; and with all the requirements applicable to said ons in this Agreement. the Recipient do mutually agree as follows: The Recipient shall undertake and fully perform the scope of work identified in its application for the competitive grant award, in accordance with the Scope of Work included as Attachment A of this Agreement. Funding up to $105,000 shall be provided on a reimbursement basis, in accordance with the budget to be submitted by Recipient pursuant to the requirement in Attachment A. For any advance payment, refer to Attachment F for additional terms and clonditions. All terms and conditions set forth in Attachment F are incorporated as if set but fully herein. Both the Recipient and the Department Oall be governed by applicable State and Federal laws, rules and regulations, including, b t not limited to, those identified in Attachment B of this Agreement. Temp Reso. #9771 Exhibit A III. PERIOD OF AGREEMENT This Agreement shall begin on July 1, 2001 and shall end June 30, 2002, unless terminated earlier in accordance with the provisions of Paragraphs VII. or IX. or XIV. of this Agreement. Final requests for reimbursement shall be submitted no later than thirty (30) days after the termination date of the Agreement. Any requests received after August 15, 2002, may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. IV. MODIFICATION OF AGREEMENT; ELPAYMENTS 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 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, and shall be reported in accordance with the reporting requirements of Attachment D. VI. LIABILITY A. Except as otherwise provided in subparagraph (B) below, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this K Temp Reso. #9771 Exhibit 4 • VII. 0 Agreement. For purposes of this Ag or agent of the Department, but is an Recipient agrees that it is not an employee lent contractor. B. Any Recipient who is a state 4 gency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be lly responsible 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 ptoximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign iin.munity 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. A. If the Recipient fails to compl with any term applicable to an award under Rule Chapter 90-19 F.A.C., or this greement, the Department may take one or more of the following actions, as in icated by the attendant circumstances: temporarily withhold c sh payments, pending correction of the deficiency, or withhold the final 1 percent of the grant award until the final work product is completed, s ibmitted and determined to be acceptable by the Department; 2. disallow all or part of t e cost of the activity or action not in compliance; 3. suspend or terminate the award; 4. disallow future particip tion in the program or funding provided under this rule chapter; 5. recover all funds providled under the current award. B. Costs of the Recipient resulting from obligations incurred by the Recipient during suspension or after termination Of an award are not allowable unless the Department expressly authorizes them in the notice of suspension or termination, or subsequently authorizes them►► in writing. Other Recipient costs during suspension or after termination 'which are necessary and not reasonably avoidable may be allowable if: 1. the costs result from obligations which were properly incurred by the Recipient before the eff�ctive date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case of termination, are not cancelable, and 3 Temp Reso. #9771 Exhibit A 2. the costs would be allowable if the award were not suspended or expired normally at the end of the period in which the termination occurs. C. Recipient of terminated grants shall remain obligated to provide all required closeout information. D. 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 ary further payment: 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. E. Upon the happening of an Event of Default, then the Department may, at its option, upon 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 4 Temp Reso. #9771 Exhibit A • • 0 remedies shall not preclude the IDepartment from pursuing any other remedies contained herein or otherwise ovided at law or in equity: Terminate this Agreem nt, provided that the Recipient is given at least thirty (30) days prior w#tten notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered o4 certified mail -return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriote legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective �r remedial actions, to include but not be limited to, requesting additional linformation from the Recipient to determine the reasons for or the extent f of non-compliance or lack of performance, issuing a written warnin to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain frc rn incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any itelms determined to be ineligible; 5. Exercise any other right or remedies which may be otherwise available under law; F. The Department may terminate Ihis 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 do!FZ ent, paper, letter, or other material subject to disclosure under Chapter 119, Stat., as amended. G. Suspension or termination const utes final agency action under Chapter 120, Fla. 5—tat., as amended. Notification 4f suspension or termination shall include notice of administrative hearing rights4nd time frames. H. The Recipient shall. return funds�o the Department if found in non-compliance with laws, rules, regulations gov rning the use of the funds or this Agreement. I. This Agreement may be terminated by the written mutual consent of the parties. 5 VIII. IX. Temp Reso. #9771 J. Notwithstanding the above, the Recipient shall not be relieved of lialSh"Ve 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. NOTICE AND CONTACT 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. A. The Department designates Edgar W. Gonesh, Manager, Emergency Management Preparedness and Assistance Program, Division of Emergency Management, as the Department's Contract Manager. All communications, written or oral, m.lating to this Agreement shall be directed to him at the following address: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 B. For the Recipient, all communications, written or oral, relating to this Agreement shall be directed to the following: Recipient's Contract Manager's Name and Address: Jeff-re-V—T.- Miller-, City Mauager- City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a Copy to: Mitchell Kraft City Attorney City of Tamarac 7525 NW 88th Ave. Tamarac, FL 33321 C. In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in Paragraph VIII. A and B above. 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 6 Temp Reso. #9771 r:thibit _1 incorporated by reference. Th lack of accuracy thereof or any material changes shall, at the option of the Dep tment and with thirty (30) days written notice to the Recipient, cause the termi ttion of this Agreement and the release of the Department from all its obliga . ions to the Recipient. B. The Recipient agrees to compl with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Secti n 12101 et_ sea.), if applicable, which prohibits discrimination by public and p 'vate entities on the basis of disability in the areas of employment, public acco odations, transportation, State and local government services, and in to communications C. This Agreement shall be const#ued under the laws of the State of Florida, and venue for any actions arising o. of this Agreement shall lie in Leon County. If any provision hereof is in corif ict with any applicable statute or rule, or is otherwise unenforceable, then uch provision shall be deemed null and void to the extent of such conflict or unen *orceability, and shall be deemed severable, but shall not invalidate any other rovision of this Agreement. D. With respect to any Recipient which is not a local government or state agency, and which receives funds unde this Agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debaned, suspended, proposed for debarment, declared ineligible, or voluntaril excluded from covered transactions by a federal department or agency; 2. have not, within a thre -year period preceding this proposal been convicted of or had a c it judgment rendered against them for commission of fraud oi a criminal offense in connection with obtaining, attempting to obtain, oi performing a public (federal, state or local) transaction or contract inder public transaction; violation of federal or state antitrust statutes commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen prope ; 3. are not presently Indic or otherwise criminally or civilly charged by a governmental entity (foderal, state or local) with commission of any offenses enumerated inI paragraph 11(g)2. of this certification; and 4. have not within a three} year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. 7 Temp Reso. #9771 Exhih,t Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. E. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. F. More than one copy of this Agreement may be executed. Any copy with original signatures may be considered an original. X. AUDIT_REMIREMENTS 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. S. 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. In the event that the Recipient expends State awards (i.e., State of Florida financial assistance provided to Recipient to carry out a State project) from all state government sources equal to or in excess of $300,000 in total in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 216.3491, Florida Statutes and with applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. See Attachment G for further audit requirements. 8 Temp Reso. #9771 Exhibit A 11 is r.41 A. If the Recipient subcontracts the Recipient agrees to inclu, by the terms and conditions B. The Recipient agrees to incluc hold the Department and Reci arising out of the subcontractc the extent allowed and require See Attachment E for any additional ML TERMS AND CON-- DITLONS The Agreement contains all the terms XIII. ATTACHMENTS A. All attachments to this B. In the event of any inconsi Agreement and the attachn controlling, but only to the XIV.STANDARD_CONDITIONS The Recipient agrees to be bound by or all of the work required under this Agreement, the subcontract that the subcontractor is bound Agreement with the Department. in the subcontract that the subcontractor shall ent harmless against all claims of whatever nature i performance of work under this Agreement, to by law. and conditions pertaining to subcontracts. conditions agreed upon by the parties. are incorporated as if set out fully herein. ,es or conflict between the language of this hereto, the language of such attachments shall be it of such conflict or inconsistency. following standard conditions: A. The State of Florida's performatice 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, Florida Statutes, B. If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be grated by a letter from the Department. This letter will state the new expiration dato, and is to be signed by the Director of the Division of Emergency Management (or his designee). The extension period is not to exceed six (6) months ano shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to #neet the criteria set forth in the Agreement for completion of the Agreement is flue to events beyond the control of the Recipient. �7 Temp Reso. #9771 Exhibit.A. 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 s. 112.061, Florida Statutes. E. The Department 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, Florida Statutes, and made or received by the Recipient in conjunction with the Agreement. F. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unwithorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. G. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or a public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. XV. SIATF LOBBYING PROHIBITION No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state Department. XVI. LE L UTH RIZ TIO 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 10 I Temp Reso. #9771 i Exhibit A also certifies that the undersigned poss sses the authority to legally execute and bind Recipient to the terms of this Agreeme It.XVII. EOUIPMENT AND PROPERTY MA AGEMENT If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use said equipment for emergency manogement purposes only, and to properly maintain and repair said equipment. Recipient sWl establish adequate maintenance procedures to keep the equipment in proper working Oondition. Recipient shall establish a control system to insure adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall promptly advise the Department of any loss, damage or theft affecting said equipment. Recipient shall make Obis equipment available to the Local Emergency Management Agency established purs*t to Section 252.38, Florida Statutes, and to the State of Florida, upon request, in the event said equipment is needed for emergency management purposes. Recipient shall] not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of the Department. XVIII. COPYRIGHT, PATENT AND TRAD MARK 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 ar�ses or is developed in the course of or as a result of work or services performed tinder 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 Agreen Bent are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection) with the performance under this Agreement are hereby reserved to the State of f lorida. C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual propertiOs 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 sq disclosed. Failure to disclose will indicate that 0 Temp Reso. #9771 Exhibit A 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. Recipient shall be granted a royalty -free nonexclusive license to use patented or copyrighted material for research or educational purposes. XIX. PUBLICATIONS AND PUBLICITY Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the State of Florida, Division of Emergency Management." If the project is displayed or referenced in written material, the words "State of Florida, Division of Emergency Management" shall appear in the same size letters or type as the name of the Recipient. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: CITY OF TAMARAC BY: �_c Name and Title: Joe Schreiber, Mayor Date: 6 -'13 ` ° ( 59-1039552 Federal Employer I.D. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: Lta.l _C C&-q,. Date: 12 Jeffro L. Mflier, City Manager Date: 3 — O / tchell S. a City Attorney Date• A6 MODIFICA AGREEMENT # 02CP-10-11-16-02-126 N TO AGREEMENT WHEREAS, the City of Tamarac, ( Community Affairs (hereinafter "the Depa July 9, 2001 for the purpose of purchasing Center and WHEREAS, based upon subse, to extend the period of the Agreement; NOW, THEREFORE, Paragraph III read as follows: Paragraph III. The Agreement shall 2002, unless terminated earlier in XIV. of this Agreement. Final requests for fifteen (15) days after the termination date June 30, 2002, is contingent upon obtain: requests received after October 15, 2002 m reimbursed from this Agreement. Reimbui transmission. All other terms and conditions of the reinafter "the Recipient") and the Department of lent") have entered into an agreement dated d installing a generator at the Tamarac Community the parties desire to modify said Agreement the above -referenced agreement is modified to egin on July 1, 2001 and shall end September 30, with the provisions of Paragraph VII. or IX. or :imbursement should be submitted no later than the contract. However, availability of funds after g budget authority beyond June 30, 2002. Any , in the discretion of the Department, not be ment requests shall not be submitted by facsimile t shall remain in full force and effect. IN WITNESS WHEREOF, the partiie s hereto have caused this modification to be executed by the undersigned officials as of t date listed below. RECIPIENT: CITY OF TAMARAC B -2 NAME & TITLE: Jeffrey L. Miller, Ci DATE: $W 13- 0 - NAME & TIT E:Joe Schrieber, Mayor DATE: DEPARTMENT OF COMMUNITY AF AMS BY: NAME & TITLE DATE: W_C.'raig Fugate, Diredtor MODIFICA' AGREEMENT # 02CP-10-11-16-02-126 N TO AGREEMENT WHEREAS, the City of Tamarac, ( Community Affairs (hereinafter "the Depaj July 9, 2001 for the purpose of purchasing Center and WHEREAS, based upon subsequent to extend the period of the Agreement; NOW, THEREFORE, Paragraph III read as follows: Paragraph III. The Agreement shall 2002, unless terminated earlier in accordanc XIV. of this Agreement. Final requests for i fifteen (15) days after the termination date o June 30, 2002, is contingent upon obtainh requests received after October 15, 2002 ma reimbursed from this Agreement. Reimburs transmission. inafter "the Recipient") and the Department of nt") have entered into an agreement dated installing a generator at the Tamarac Community ts, the parties desire to modify said Agreement the above -referenced agreement is modified to -.gin on July 1, 2001 and shall end September 30, with the provisions of Paragraph VII. or IX. or imbursement should be submitted no later than the contract. However, availability of funds after budget authority beyond June 30, 2002. Any in the discretion of the Department, not be ment requests shall not be submitted by facsimile All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the partie� hereto have caused this modification to be executed by the undersigned officials as of t* date listed below. RECIPIENT: CITY OF TAMARAC BY:;�;e1,,4J->7 � NAME & TITLE: Jeffrey L. Miller DATE: 5 Ig- 0 2- BY: NAME & TITLE:J e Schrieber Ma or DATE: . 3 DEPARTMENT OF COMMUNITY AFC=. 'i NAME & TITLE DATE: W. Craig Fugate Director Y: NAME & TITLE: N&hF11 . Kraft City Attorney DATE: Z tit Y$ RECEIVED I-P.:A`ATMENT JEB BUSH Governor ITY AFFAIRS "Dedicated to making Florida &'better place to call home" June 6, 2002 Mr. Jeffrey L. Miller, City Manager City of Tamarac 7525 N. W.88th Avenue Tamarac, Florida 33321-2401 RE: Agreement # 02CP-10-11-16-02-126 Community Center Generator Project Dear Mr. Miller: STEVEN M. SEIBERT Secretary Enclosed is your copy of the fully executed modification to extend the above referenced agreement to September 30, 2002. The fifth and final quarter of your agreement will end on that date. Your final request for reimbursement, quarterly progress and close-out report must be submitted no later than Novemberl5, 2002. Please make this modification a part of your agreement file. We want to remind you again that due to the current uncertainty of the continuation of budget authority beyond the end of the state fiscal year, the Department cannot ensure availability of funds beyond June 30, 2002. If you have any questions in this regard, please contact Dianne Smith at (850) 413-0066. Sincerely, 1 tingDebbie'Wonsch, Plan Manager Emergoncy Management Preparedness and Assistance Grant Program DW/ds 2555 SHUMARD OAK BOULEVARD • TALkAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://wvvw.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING tMERGENCY MANAGEMENT HOUSING 6 COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 allahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305) 288-2402 (850) 488-2356 050) 413.9969 (850) 488-7956 AGREEMENT # 02CP-10-11-16-02-126 MODIFICATION TC AGREEMENT WHEREAS, the City of Tamarac, (hereinaf er "the Recipient") and the Department of Community Affairs (hereinafter "the Department") iave entered into an agreement dated July 9, 2001 for the purpose of purchasing and inst ]ling a generator at the Tamarac Community Center and WHEREAS, based upon subsequent events,:'the parties desire to modify said Agreement to extend the period of the Agreement; NOW, THEREFORE, Paragraph III of the above -referenced agreement is modified to read as follows: Paragraph III. The Agreement shall begin oJuly 1, 2001 and shall end September 30, 2002, unless terminated earlier in accordance with the provisions of Paragraph VII. or IX. or XIV. of this Agreement. Final requests for reimbursement should be submitted no later than fifteen (15) days after the termination date of the contract. However, availability of funds after June 30, 2002, is contingent upon obtaining budget authority beyond June 30, 2002. Any requests received after October 15, 2002 may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification to be executed by the undersigned officials as of the date isted below. RECIPIENT: CITY OF TAMARAC BY: NAME & TITLE: Jeffrey L. Miller, City Manager DATE: -19- 0 2 C BY: C):n�_ zd5el� NAME & TITLE:J e Schrieber, Ma or DATE: 3zo a, s NAME & TITLE: W DATE: S cc rt Y: ] ;AME & TITLE: t h ll S. Kraft City Attorney VATE: