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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-126Temp. Reso #9396 Page 1 May 14, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- /A6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES IN THE AMOUNT OF $3,700 FOR RECORDS MANAGEMENT; AUTHORIZING A CITY MATCH IN THE AMOUNT OF $3,700 FROM THE GRANTS MATCHING ACCOUNT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to improve its records management program; and WHEREAS, the Florida Department of State Division of Library and Information Services provides grant funds to municipalities through the Florida Local Historical Records Grant Program for the purpose of developing local records management programs and improving public access; and WHEREAS, the City of Tamarac has been determined eligible to receive a Local Historical Records Grant; and WHEREAS, the City Manager and the City Clerk recommend the execution of the agreement between the City of Tamarac and the Florida Department of State hereby attached as Exhibit A; and 1 Temp. Reso #9396 Page 2 May 14, 2001 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 accept the Florida Local Historical Records Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution. SECTION 2: The appropriate City officials are HEREBY authorized to execute the agreement between the Florida Department of State Division of Library and Information Services in the amount of $3,700 hereto attached as Exhibit A. SECTION 3: A City match in the amount of $3,700 is hereby authorized for transfer from the grants matching account plus a match of $2,057 in kind for a total project cost of $9,457. SECTION 4: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso #9396 Page 3 May 14, 2001 fl SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 23rd day of May, 2001. ATTEST: MARION SWENSON, CM CITY CLERK I HEREBY CERTIFY that I have aDDroved this, Resolution as to form. PTCHELL S!KRA CITY ATTORNEY E / JOt SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN_ DIST 3: V/M SULTANOF _ DIST 4: COMM. ROBERTS Temp. Reso #9396 Exhibit "A" FLORIDA LOCAL HISTORICAL RECORDS GRANT PROGRAM NOTIFICATION OF GRANT AWARD Recipient: Project Start Date: Upon Execution of Contract Agreement City of Tamarac Project End Date: March 31, 2002 7525 North West 88 Avenue Tamarac, Florida 33067 PROJECT PROJECT # AWARD Tamarac Records Management I-23 $3,700 and Retention Program Development Project TERMS AND CONDITIONS The following portions of the project were funded: Consultant Fees* $3,700.00 TOTAL $3,700.00 *Please feel free to contact the Bureau of Archives and Records Management for a list of other possible consultants. Florida Department of State, Division of Library and Information Services Bureau of Archives and Records Management Mail Station 9A, Tallahassee, Florida 32399-0250, (850) 487-2073, SUNCOM 277-2073 y %" -W. Temp. Reso #9396 Exhibit "A" PROJECT NUMBER: I-23 Florida Department Of State, Division of Library And Information Services FLORIDA STATE HISTORICAL RECORDS ADVISORY BOARD LOCAL HISTORICAL RECORDS GRANT PROGRAM GRANT AGREEMENT AGREEMENT executed and entered into March 6, 2001 BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the DIVISION, and the SUBGRANTEE: City of Tamarac the PROJECT: Tamarac Records Management and Retention Program Development Project the GRANT AMOUNT: $3,700.00 Payment in lump sum to be processed on date of execution of agreement. The payment schedule is based on special conditions for waiver of s.216.181, F.S. as stipulated by the Comptroller, State of Florida. The funds shall be expended on or before March 31, 2002 Unless there is a change of address, any notice required by this agreement shall be delivered to the DIVISION, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State, and to 7525 North West 88th Avenue, Tamarac, Florida, 33067, for the SUBGRANTEE. In the event of a change of address it is the obligation of the moving party to notify the other party in writing of the change of address. The DIVISION, as administrator of state and federal funds authorized under Section 257.12, Florida Statutes, is desirous of providing a grant. Federal funds are provided through the National Historical Publications and Records Commission under the plan of operation approved by the National Archives and Records Administration. The SUBGRANTEE agrees to meet all state requirements and requirements of the National Historical Publications and Records Commission Records Program and the Procedures for the Florida Local Historical Records Grant Program. The parties agree as follows: I. The SUBGRANTEE agrees to: a. Administer all funds granted to it by the DIVISION to carry out the project as described in the project proposal and revisions submitted to and approved by the DIVISION. The project proposal and revisions are incorporated by reference. b. Provide the DIVISION with statistical, narrative, financial and other evaluative reports as requested. c. Retain and make available to the DIVISION, upon request, all financial and programmatic records, supporting documents, statistical records, and other records for the project. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. Pay out all project funds on or before the project ending date. f. Use and maintain adequate fiscal authority, control, and accounting procedures that will assure proper disbursement of, and accounting for federal project funds. g. Perform all acts in connection with this agreement in strict conformity with all applicable State and Federal laws and regulations. Page 1 of 4 Temp. Reso #9396 Exhibit "A" h. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap or marital status. The SUBGRANTEE shall insert a similar provision in all subcontracts for services by this agreement. i. Expend all grant funds received under this Agreement solely for the purposes of the project. These funds will not be used for lobbying the legislature, the judicial branch, or any state agency. Repay to the DIVISION any and all funds not thus expended. j. Have an audit of financial operations performed in accordance with the Single Audit Act of 1984 (31 U.S.C. 7501-7) and 45 CFR 1183.26. 1. In the event the SUBGRANTEE expends $300,000 or more in State or Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. The Notification of Grant Award indicates the Federal funds awarded through the Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of State. 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 OMB Circular A-133, as revised will meet the requirements of this part. 2. In connection with the federal audit requirements addressed in paragraph j.I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in State or 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 funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). k. The National Historical Publications and Records Commission and the DIVISION reserves the royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, for State and or Federal government purposes, the copyright in any work developed under a subgrant or contract under a subgrant, and any right of copyright to which a subgrantee or contractor purchases ownership with grant support. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in the amount and frequency as stated above in consideration of the SUBGRANTEE's performance hereinunder, and contingent upon funding by the Legislature and the National Historical Publications and Records Commission. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. In the event that the state or federal funds on which this agreement is dependent are withdrawn, this agreement is terminated and the state has no further liability to the SUBGRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant may be reduced accordingly. b. Provide professional advice and assistance to the SUBGRANTEE as needed, in implementing and evaluating the project. C. Review the project during the grant period to assure that adequate progress is being made toward achieving the project objectives. III. The SUBGRANTEE and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. Page 2 of 4 Temp. Reso #9396 Exhibit "A" c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. This agreement shall be terminated by the DIVISION because of failure of the SUBGRANTEE to fulfill its obligations under the agreement in a timely and satisfactory manner unless the SUBGRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the SUBGRANTEE shall be determined by the DIVISION based on the terms and conditions imposed on the SUBGRANTEE in this agreement and compliance with the program guidelines. The DIVISION shall provide SUBGRANTEE a written notice of default letter. SUBGRANTEE shall have 15 calendar days to cure the default. If the default is not cured by the SUBGRANTEE within the stated period, the DIVISION shall terminate this agreement, unless the SUBGRANTEE demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defused as circumstances beyond the SUBGRANTEE's control. In the event of termination of this agreement, the SUBGRANTEE will be compensated for any work satisfactorily completed prior to the notification of termination. f. The Division shall unilaterally cancel this agreement if the SUBGRANTEE refuses to allow public access to all documents or other materials subject to the provisions of chapter 119, Florida Statutes. g. Bills for services or expenses shall be maintained in detail sufficient for proper preaudit and postaudit. h.. Any travel expenses must be maintained according to the provisions of Section 112.061, Florida Statutes. i. The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. j. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the SUBGRANTEE, its agents, servants or employees; nor shall the SUBGRANTEE exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the SUBGRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the SUBGRANTEE. k. The SUBGRANTEE, other than a SUBGRANTEE which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. 1. The SUBGRANTEE shall be responsible for all work performed and all expenses incurred in connection with the Project. The SUBGRANTEE may subcontract as necessary to perform the services set forth in this agreement, including entering into subcontracts with vendors for services and commodities, PROVIDED THAT such subcontract has been approved by the DIVISION prior to its execution, and PROVIDED THAT it is understood by the SUBGRANTEE that the DIVISION shall not be liable to the Subcontractor for any expenses or liabilities incurred under the subcontract and that the SUBGRANTEE shall be solely liable to the Subcontractor for all expenses and liabilities incurred under the subcontract. in. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. n. The SUBGRANTEE, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, SUBGRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. SUBGRANTEE agrees to take such steps as may be necessary to ensure that each subcontractor of the SUBGRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. o. The SUBGRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations under this agreement without prior written consent of the Department, which consent shall not be Page 3 of 4 IAP Temp. Reso #9396 Exhibit "A" unreasonably withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the Department approves a transfer of the SUBGRANTEE's obligations, the SUBGRANTEE remains responsible for all work performed and all expenses incurred in connection with the agreement. In the event the Legislature transfers the right, duties, and obligations of the Department to another government entity pursuant s to section 2pght Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. P. This agreement shall bind the successors, assigns and legal representatives of the SUBGRANTEE and of any legal entity that succeeds to the obligation of the DIVISION. q. When publications, films or similar materials are developed, directly or indirectly, from a program, project, or activity supported with grant funds, any copyright resulting therefrom shall be held by the Department of State. The author may arrange for copyright of such materials only after approval from the DIVISION. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the SUBGRANTEE agrees to, and awards to the Department and to its officers, agents, and employees acting within the scope of their official duties, and if applicable, the Federal Government, a royalty -free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. No costs incurred before the date of this Agreement shall be eligible as project expenditures. No costs incurred after the completion date or other termination of the Agreement shall be eligible as project expenditures unless specifically authorized by the DIVISION. IV. The term of this agreement will commence on the date of execution of the agreement. If the SUBGRANTEE award period is extended beyond the original Agreement period, the final report will cover the entire grant period of project activities and is due within thirty days after the end of the extended grant period. V. Any modifications or attachments to this Agreement are enumerated below. THE SUBGRANTEE 7 Sig ture of Authorized Official Tpi5.S'CMP-E1I$ER M i4 yop' Typed Name and Title of Authorized Official Witne THE DIVISION Barratt Wilkins, Director Division of Library and Information Services Department of State, State of Florida Witness Witness Page 4 of 4 Proiect number 1-23 as revised oursuant to Section I.a. FLORIDA LOCAL HISTORICAL RECORDS GRANT PROGRAM STATE HISTORICAL RECORDS ADVISORY BOARD GRANT APPLICATION Submit one (1) original & one (1) copy to: Bureau of Archives and Records Management Department of State, Mail Station 9A Tallahassee, FL 32399-0250 1 PROPOSED PROJECT Project Title:TAMARAC RECORDS MANAGEMENT AND RETENTION PROGRAM DEVELOPMENT PROJECT From: April 2001 To: March 2002 Amount Requested: (up to) $10,000 Beqinnino Date of Project Completion Date of Project TOTAL 2 SUBMITTED BY City of Tamarac Name of Applicant Organization Address: 7525 NW 88 Avenue Street _ Tamarac___-_ FL 33321 (954) 724-1230 City State zip Telephone AUTHORIZING OFFICIAL: Jeffrey L. Miller City Manager Jeffm(cD-tamarac.org Name Title Email Address: 7525 NW 88 Avenue Street Tamarac FL 33321 954 724-1230 954 724-2454 city State zip Telephone Fax Project Director: Marion Swenson _ City Clerk Marions0—tamarac.org Name Title Email Address: 7525 NW 88 Ave Street Tamarac FL 33321 954 724-1200 954 724-1212 city State zip Telephone Fax 3 INTRODUCTION (Attach additional sheets if necessary.) Organization History The City of Tamarac was incorporated in 1963. Located in western Broward County, Tamarac is the 10th largest of Broward's 30 municipalities. Tamarac is also one of the most rapidly growing municipalities in the state, having increased its population more than tenfold from 5,078 in 1970 to 52,413 in 2000. According to the most recent census data, the per capita income of Tamarac's residents is $18,012, less than Broward County's $22,583. Project number 1-23 as revised pursuant to Section La. Organization Structure Mission and Goals Tamarac is structured in a Commission -Manager form of government. Four Commissioners are elected for staggered three-year terms from each of the City's four districts, with the Mayor being elected Citywide. Tamarac is a full service City providing Police, Fire Rescue, Water, Recreation, Community Development, Building and Public Works Services. The White House recently designated Tamarac a "Millennium Community", and the U.S. Conference of Mayors named us one of America's most livable cities through its "City Livability Award" program. The purpose and function of the City is to facilitate the needs of the citizens within the City of Tamarac. The objectives of the organization are best summarized by it's mission statement; "Committed to Excellence... Always." Preservation of and access to the City's historical and legislative records is coordinated by the City Clerk's Office. The City's municipal code is available on the internet. The Clerk's Office currently makes pending legislation available to the public on the City's web page and records requests can be submitted to the Clerks office via the Web page as well. The City recently acquired and is now utilizing an Alchemy system to scan new legislation. Project number 1-23 as revised pursuant to Section I.a. PROJECT PROPOSAL (Attach additional sheets if necessary.) a. Overview The purpose of the project is twofold; first, to develop a clear, consistent and comprehensive program that will improve constituent access to municipal records, and second; to share the results of the project with other municipalities facing similar issues. Tamarac has undergone a period of rapid growth, resulting in a fragmented records management program. Both City staff and the general public must utilize municipal records on a regular basis and, under the current system, records are difficult to access. The proposed project will provide for the design of a new records management program and a training program for key City staff focusing on records retention and inventory procedures for offsite storage. . Since the City lacks the technical expertise to design the records management system and training program, it proposes to utilize consultant services for these items and for delivery of the initial training workshop. b. Justification The problem to be addressed by this grant is the inability of the City to provide its constituents with a comprehensive, accurate, accessible and cost effect municipal records management program. The City of Tamarac has 440 full and part time employees. The rapid growth described in section 3 has been accompanied by numerous changes in administration and staff. As a result, the City has multiple means of storing its municipal records, no standardized system for indexing information and a lack of knowledgeable workers trained in basic records management practices. Moreover, the additional staff needed to keep pace with the City's rapid growth has led to physical space constraints and stretched budgets in each department. According to Oregon State University Records Management Program, "after personnel costs, records keeping is the largest government expense. Record creation, maintenance, filing, office storage space, filing supplies, and equipment all contribute to the high cost of keeping records." The university alleges that an average of 95% of all records are non -permanent and 85% have a retention period of ten years or less. Tamarac's financial and space problems are being exacerbated by the lack of an effective records management program. Because there is no consistent means of storing records, an inordinate amount of staff time is spent attempting to locate information that should be readily available. Because multiple methods have been used to file information in-house, when a staff member or the public submits a records request, it takes the Clerk's office up to 3 business days to fill the request. City staff also lacks the expertise to determine which records must be retained and for how long in order to comply with State and Federal records -keeping requirements. As a result, many records that could have been microfilmed were automatically sent to storage. Records requests in these instances take five days to fill, because the physical files must be pulled from the storage facility. Because there is no clear retention schedule in place, records that could be archived are retained in individual departments. Without an established retention schedule and procedure, the City Clerk must first sort through records ultimately sent for archival in order to assure that they have been properly indexed and filed. This results in a duplication of efforts and impacts staff productivity. Tamarac understands the practical and financial importance of an effective and efficient Project number 1-23 as revised pursuant to Section La. records management program, it lacks the technical expertise and staff to design such a program and the training component that will be needed to ensure that each department is in compliance and the program is consistent. Without grant funding, the City will be unable to undertake the project. While Tamarac has undergone a period of rapid growth and transition, the City also realizes that there are many other municipalities in Florida who are struggling with the similar issues and thus proposes to make the results of the project available to these municipalities. c. Plan of Work The City proposes to hire a consultant who will • Review and update the City's Records and Information Management Program • Perform an inventory assessment and classification of the records in the City Clerk's Office • Develop a Records Retention Schedule based upon current State and Federal Record keeping requirements • Apply the retention schedule to the records in the City Clerk's Office • Develop and conduct a training session for 20 key staff members from each department. The training session will include an overview of the newly created Records Management Program and instruction on proper inventory procedures for records retention and offsite storage. The consultant will be required to provide the above information in hard copy and electronic format. The city has not yet selected a consultant but has had preliminary discussions with TAB Consulting Services and The Archive Company. Initial census data indicates that Florida has undergone tremendous growth (23%) between 1990 and 2000. As a result, many municipalities throughout Broward and the state are struggling with how to design and implement an effective, timely records management program. The project will be conducted under the direction of City Clerk, Marion Swenson with the Assistant City Clerk, Thomas Schneider (see resumes enclosed). The City's Public Information Officer will also participate in the project. Activities/Tasks 1. Start up meeting with consultant to clarify expectations, schedule and deliverables 2. Consultant interviews staff to ascertain current practices/problems 3. Consultant performs inventory of City Clerk files and equipment Consultant designs filing system 4. Consultant conducts search of records retention requirements to include state directives as well as federal requirements 5. Consultant applies retention research to the inventoried City records 6. Consultant to update/produce a City Records Retention Schedule 7. Consultant trains City Clerk staff on new records management procedures Project number 1-23 as revised pursuant to Section La. 8. Consultant /City staff develop and conduct training session for 20 key staff from various City departments. The session will provide an overview of the newly created records management program and instruction on records retention and proper inventory procedures for offsite storage. 9. Key staff train workers in each department on new procedures Pro'ected Timeline City requests proposals and selects consultant within 60 days of NOA Consultant Performs tasks as specified in 1 — 9 (est. 10 days total) within 4 months of NOA All departments trained by key staff within 5 months of NOA Project number 1-23 as revised pursuant to Section I.a. 4 (Continued) PROJECT PROPOSAL (Attach additional sheets if necessary.) d. Specific result(s) or product (s) If the proposal is funded the City will seek consultant services to produce a uniformed, consistent records storage and management program, which is in accordance with state and federal guidelines. The consultant will inventory and classify the records in the City Clerk's office, develop a retention schedule to comply with current State and Federal legislation, evaluate the current process and equipment and design the most appropriate method for filing the City Clerk files, train the City Clerk staff on the updated records management program and develop and deliver a training program for 20 key department staff on proper inventory and storage practices. The City will utilize the newly created plan to implement the new filing system, converting the city's files from their current system to the new standardized system, developed by the consultant. Newly identified equipment needs or operating expenses for the program will be addressed in City's FY02 budget. The consultant will be required to make the presentation of the inventory and retention schedule available in both hard copy and electronic format. e. Post -project evaluation The project will be evaluated by completion of the following major goals and objectives, which are measurable, quantifiable and time framed: Goal/Activity/Objective Goal Timeframe To implement a comprehensive, consistent records management program designed to improve constituent access to records Activities Obtain consultant evaluation and recommendation Train 20 key department staff Obtain additional equipment/physically reorganize Clerks files Objectives 100% of all records sent for archival will be properly indexed and filed Review 100% of files remitted for archival, microfilming for in house retention and disposing of paper copies, if appropriate. 75% of all requests for in house records will be fulfilled within 24 hours 75% of all records that should be forwarded by departments for archival will be 1 st quarter 2nd quarter 3rd quarter by 2002 by 2002 by 2003 by 2003 Project number 1-23 as revised pursuant to Section I.a. V RELATIONSHIP OF THE PROJECT TO THE PROGRAMS' GOALS Goal: Provide for the development of local archives and records management programs to improve access to records. Response: The proposed project will result in a comprehensive, consistent records management program. The program will result in the rearrangement and description of the municipal records. The new process will enable staff to readily locate records needed by the various departments, as well as the public. Because no one method is currently in effect, an excessive amount of time is currently spent locating records. This results in a delay in getting the information to the City staff and the public, as well as ineffective use of staff time in locating the records. The proposed project will also result in a training workshop for staff regarding the new program and proper procedures for records retention and offsite storage. It will allow the Clerks office to more readily identify those records that can be microfilmed and retained in house. It currently takes 5 business days to retrieve records in storage. Microfilm would be retained in the City's vault thereby making the records readily available. Goal; Provide education and training to local records custodians in area of archives and records management. Response; The proposed project would train staff in the Clerks Office on the new process and culminate in a training workshop for key City staff tasked with departmental records coordination and management. Project numper 1-2-3 as revised pursuant to Section I.a. 6 BUDGET SUMMARY (Round all amounts to the nearest dollar.) Grant Funds Cost -Sharing Total Salaries/Wages _Key staff/training _ $ $ 1,020.00 $1,020.00 Clerk's Staff $ $ 600.00 $600.00 Public Information Officer $ $ 0 $0 Fringe Benefits (%) 27% of salaries $ $ 437.00 $437.00 Services Supplies/Materials *(to be included in consultant fee) $ $ $ Consultant Fees See scope of work $3,700.00 $ 3,700.00 $ 7,400.00 Travel N/A $ $ $ Per Diem N/A $ $ $ $ $ $ Equipment N/A $ $ $ Other Film crew $ $ 0 $ Editing/production costs $ $ 0 $ GRAND TOTALS $ 3,700.00 $ 6,757.00 $ 9,467.00 Project number 1-23 as revised pursuant to Section La. 7 BUDGET NARRATIVE (Attach additional sheets if necessary.) Salaries/Wages -- Salary for 20 key staff members to attend training session and train department members @ Avg. salary of $17 per hour X 3 hours ea. Estimated salary for City Clerk, Assistant Clerk and staff for start up meeting, follow up meetings and training. Benefits — Benefits related to above referenced salaries @ 27% Supplies/materials — Includes production and copies of all commission and staff reports, training and workshop materials, slides, etc. The City will obtain consultant quotes to include these costs and has therefore not broken them out separately. Consultant Fees — Cost for consultant to meet with staff, perform equipment/records research, perform retention research and apply to records, follow up meetings to review recommendations, and to with staff develop and conduct workshop session for 20 key staff members. Estimated consultant time for development of above is 10 business days. Travel/Perdiem — N/A (the City envisions services will be available locally.) Note; The City believes that the above costs are accurate and reasonable based on the scope of the project to be undertaken and given the level of State funding available. More detailed cost information relative to consultant service cost will be available once a consultant is selected and approved by the SHRAB. 8 AUTHORIOFFICIAL a Jeffrey L. Miller City Manager Typed Name ignature Oate n` DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Office of International Relations Division of Elections Division of Corporations Division of Cultural Affairs Division of Historical Resources Division of Library and Information Services Division of Licensing Division of Administrative Services FLORIDA DEPARTMENT OF STATE Katherine Harris MEMBER OF THE FLORIDA CABINET State Board of Education Trustees of the Internal Improvement Trust Fund Administration Commission Florida Land and Water Adjudicatory Commission Siting Board Division of Bond Finance Department of Revenue Department of Law Enforcement Department of Highway Safety and Motor Vehicles Department of Veterans' Affairs Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES June 12, 2001 I-23 0 Ms. Marion Swenson C � M City ClerkO�my The City of Tamarac � --4M �n 7525 NW 88 Avenue M 0 Tamarac, Florida 33067 w Dear Ms. Swenson: Enclosed is a electronic transmittal form in the amount of $3,700.00 for the Tamarac Records Management and Retention Program Development Project. I have also included a copy of the signed contract for your files. The ending date for your project, as stated in the contract, is March 31, 2002. Funds have to be expended on or before this date. All projects are required to submit a final financial and narrative report at the end of the grant. I will be sending you information on these reporting requirements in the next several weeks. Also, please contact me if you wish to make any changes in the expenditure of grant funds other than those approved by the Board. Please contact me at (904) 487-2073 or aclark(Dmail.dos.state.fl.us if I can be of any assistance or if you have any questions. Sincerely, Gerard J. Clark Deputy Coordinator State Historical Records Advisory Board OSTATE LIBRARY OF FLORIDA R.A. Gray Building • Tallahassee, Florida 32399-0250 • (850) 487-2651 FAX: (850) 488-2746 • TDD: (850) 922AO85 • http://www.dos.state.fl.us ❑LEGISLATIVE LIBRARY SERVICE ❑ RECORDS MANAGEMENT SERVICES ❑FLORIDA STATE, ARCHIVES (850) 488-2812 • FAX: (850) 488-9879 (850) 487-2180• FAX: (850) 413-7224 (850) 487-2073• FAX: (850) 488-4894 PROJECT NUMBER: I-23 Florida Department Of State, Division of Library And Information Services FLORIDA STATE HISTORICAL RECORDS ADVISORY BOARD LOCAL HISTORICAL RECORDS GRANT PROGRAM GRANT AGREEMENT AGREEMENT executed and entered in & , 2001 BETWEEN the State of Florida, Department o State, Division of Library and Information Services, hereinafter referred to as the DIVISION, and the SUBGRANTEE: City of Tamarac the PROJECT: Tamarac Records Management and Rentention Program Development Project the GRANT AMOUNT: $3,700.00 Payment in lump sum to be processed on date of execution of agreement. The payment schedule is based on special conditions for waiver of s.216.181, F.S. as stipulated by the Comptroller, State of Florida. The funds shall be expended on or before March 31, 2002 Unless there is a change of address, any notice required by this agreement shall be delivered to the DIVISION, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State, and to 7525 North West 88 h Avenue, Tamarac, Florida, 33067, for the SUBGRANTEE. In the event of a change of address it is the obligation of the moving party to notify the other party in writing of the change of address. The DIVISION, as administrator of state and federal funds authorized under Section 257.12, Florida Statutes, is desirous of providing a grant. Federal funds are provided through the National Historical Publications and Records Commission under the plan of operation approved by the National Archives and Records Administration. The SUBGRANTEE agrees to meet all state requirements and requirements of the National Historical Publications and Records Commission Records Program and the Procedures for the Florida Local Historical Records Grant Program. The parties agree as follows: 1. The SUBGRANTEE agrees to: a. Administer all funds granted to it by the DIVISION to carry out the project as described in the project proposal and revisions submitted to and approved by the DIVISION. The project proposal and revisions are incorporated by reference. b. Provide the DIVISION with statistical, narrative, financial and other evaluative reports as requested. c. Retain and make available to the DIVISION, upon request, all financial and programmatic records, supporting documents, statistical records, and other records for the project. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. Pay out all project funds on or before the project ending date. f. Use and maintain adequate fiscal authority, control, and accounting procedures that will assure proper disbursement of, and accounting for federal project funds. g. Perform all acts in connection with this agreement in strict conformity with all applicable State and Federal laws and regulations. Page 1 of 4 h. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap or marital status. The SUBGRANTEE shall insert a similar provision in all subcontracts for services by this agreement. i. Expend all grant funds received under this Agreement solely for the purposes of the project. These funds will not be used for lobbying the legislature, the judicial branch, or any state agency. Repay to the DIVISION any and all funds not thus expended. j. Have an audit of financial operations performed in accordance with the Single Audit Act of 1984 (31 U.S.C. 7501-7) and 45 CFR 1183.26. L In the event the SUBGRANTEE expends $300,000 or more in State or Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. The Notification of Grant Award indicates the Federal funds awarded through the Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of State. 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 OMB Circular A-133, as revised will meet the requirements of this part. 2. In connection with the federal audit requirements addressed in paragraph j.I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in State or 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 funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). k. The National Historical Publications and Records Commission and the DIVISION reserves the royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, for State and or Federal government purposes, the copyright in any work developed under a subgrant or contract under a subgrant, and any right of copyright to which a subgrantee or contractor purchases ownership with grant support. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in the amount and frequency as stated above in consideration of the SUBGRANTEE's performance hereinunder, and contingent upon funding by the Legislature and the National Historical Publications and Records Commission, The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. In the event that the state or federal funds on which this agreement is dependent are withdrawn, this agreement is terminated and the state has no further liability to the SUBGRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant may be reduced accordingly. b. Provide professional advice and assistance to the SUBGRANTEE as needed, in implementing and evaluating the project. C. Review the project during the grant period to assure that adequate progress is being made toward achieving the project objectives. III. The SUBGRANTEE and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all Previous communications, representations, or agreements, either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. Page 2 of 4 C. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. t No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or similar breach or default. any e. This agreement shall be terminated by the DIVISION because of failure of the SUBGRANTEE to fulfill its obligations under the agreement in a timely and satisfactory manner unless the SUBGRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the SUBGRANTEE shall be determined by the DIVISION based on the terms and conditions imposed on the SUBGRANTEE in this agreement and compliance with the program The guidelines. DIVISION shall provide SUBGRANTEE a written notice of default letter. SUBGRANTEE shall have 15 calendar days to cure the default. If the default is not cured by the SUBGRANTEE within the stated period, the DIVISION shall terminate this agreement, unless the SUBGRANTEE demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the SUBGRANTEE's control. In the event of termination of this agreement, the SUBGRANTEE will be compensated for any work satisfactorily completed to prior the notification of termination. f. The Division shall unilaterally cancel this agreement if the SUBGRANTEE refuses to allow public g. access to all documents or other materials subject to the provisions of chapter 119, Florida Statutes. Bills for services or expenses shall be maintained h. in detail sufficient for proper preaudit and postaudit. Any travel expenses must be maintained according to the provisions of Section 112.061, Florida Statutes. i. The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. j. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the SUBGRANTEE, its agents, servants or employees; nor shall the SUBGRANTEE exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the SUBGRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the SUBGRANTEE. k. The SUBGRANTEE, other than a SUBGRANTEE which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. 1. The SUBGRANTEE shall be responsible for all work performed and all expenses incurred in connection with the Project. The SUBGRANTEE may subcontract as necessary to perform the services set forth in this agreement, including entering into subcontracts with vendors for services and commodities, PROVIDED THAT such subcontract has been approved by the DIVISION prior to its execution, and PROVIDED THAT it is understood by the SUBGRANTEE that the DIVISION shall not be liable to the Subcontractor for any expenses or liabilities incurred under the subcontract and that the SUBGRANTEE shall be solely liable to the Subcontractor for all expenses and liabilities incurred under the subcontract. m. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. n. The SUBGRANTEE, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, SUBGRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. SUBGRANTEE agrees to take such steps as be may necessary to ensure that each subcontractor of the SUBGRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. o. The SUBGRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations under this agreement without written prior consent of the Department, which consent shall not be Page 3 of 4 -t- *&� I ` unreasonably withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the Department approves a transfer of the SUBGRANTEE's obligations, the SUBGRANTEE remains responsible for all work performed and all expenses incurred in connection with the agreement. In the event the Legislature transfers the rights, duties, and obligations of the Department to another government entity pursuant to section 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. p. This agreement shall bind the successors, assigns and legal representatives of the SUBGRANTEE and of any legal entity that succeeds to the obligation of the DIVISION. q. When publications, films or similar materials are developed, directly or indirectly, from a program, project, or activity supported with grant funds, any copyright resulting therefrom shall be held by the Department of State. The author may arrange for copyright of such materials only after approval from the DIVISION. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the SUBGRANTEE agrees to, and awards to the Department and to its officers, agents, and employees acting within the scope of their official duties, and if applicable, the Federal Government, a royalty -free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. costs incurred after the completion date or other termination of the Agreement shall be No costs incurred before the date of this Agreement shall be eligible as project expenditures. No eligible as project expenditures unless specifically authorized by the DIVISION. IV. The term of this agreement will commence on the date of execution of the agreement. If the SUBGRANTEE award period is extended beyond the original Agreement period, the final report will cover the entire grant period of project activities and is due within thirty days after the end of the extended grant period. V. Any modifications or attachments to this Agreement are enumerated below. THESUBGRANTEE ,r S' ature of �Autho�riZo�fficial o,6 Scfl26leER, /�?Ar�2 Typed Name and Title of Authorized Official Witn Witness THE DIVISION Wilkins, Director i of Library and Information Services rent of State, State of Florida �9 le itness i Wi ss Page 4 of 4 FLAIR ACCOUNT CODE 001-45400100-( STATE OF FLORIDA OFFICE OF COMPTROLLER REMITTANCE ADVICE OLO 1 SITE I DOCUMENT NUMBER 10000 1450000 00 D1000750064 CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321-2401 PLEASE DIRECT QUESTIONS TO: (8SO) 488-0100, DEPARTMENT OF STATE VENDORS NOW CAN VIEW PAYMENT INFORMATION AT HTTP://FLAIR.DBF.STATE.FL.US INVOICE NUMBER AMOUNT 123 $ 3,700.00 CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321-2401 I i:) I'M 1.3:[It dr,u:L•U,I 4;ijiplAvllli� OBJECT DATE PAYMENT NO 7500 06 11 01 1 0554805 PAYMENT AMOUNT $ 3,700.00 DO NOT CASH AGENCY DOCUMENT NO v006708 11 THE PAYMENT HAS BEEN TRANSMITTED ELECTRONICALLY (EFT) TO YOUR FINANCIAL INSTITUTION ACCORDING TO YOUR INSTRUCTIONS.