HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-147Temp. Reso #9405
May 30, 2001
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001- ) A-7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA ACCEPTING AN AWARD FROM
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
PREPAREDNESS AND ASSISTANCE TRUST FUND IN THE
AMOUNT OF $105,000; AUTHORIZING A CITY MATCH OF
$3,890,000 IN -KIND IN THE FORM OF THE CONSTRUCTION
COSTS OF THE TAMARAC COMMUNITY CENTER FOR A
TOTAL PROJECT COST OF $3,995,000 FOR A GENERATOR
FOR THE CITY OF TAMARAC COMMUNITY CENTER;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
TAMARAC AND THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS DIVISION OF EMERGENCY
MANAGEMENT; AMENDING THE ANNUAL GRANTS FUND
BUDGET OF ESTIMATED REVENUES AND EXPENDITURES
IN THE AMOUNT OF $105,000; 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 fundamental areas of response
and recovery; and
WHEREAS, on December 13, 2000 the City Commission of the City of Tamarac
passed Resolution #R2000-343 authorizing the appropriate City officials to apply for grant
funding from the Florida Department of Community Affairs in the amount of $105,000 to
provide a generator for the City of Tamarac Community Center, through submission of an
application to the Emergency Management Preparedness and Assistance Trust Fund
(EMPATF) for the addition of a generator at the Tamarac Community Center; and
Temp. Reso #9405
May 30, 2001
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WHEREAS, the City of Tamarac received notification from the Florida Department of
Community Affairs, Division of Emergency Management, that the grant application in the
amount of $105,000 has been approved; and
WHEREAS, matching funds in the amount of $3,890,000 in -kind are available for
such purposes; and
WHEREAS, the City Manager, Director of Parks and Recreation and the Fire Chief,
as the City's Emergency Management coordinator, recommend approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept the EMPATF
Award in the amount of $105,000 to enhance the City's emergency management
capabilities.
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: The EMPATF Award in the amount of $105,000 is hereby accepted
from the Florida Department of Community Affairs, Division of Emergency Management for
the addition of a generator at the Tamarac Community Center.
Temp. Reso #9405
May 30, 2001
Page 3
SECTION 3: The City Commission hereby authorizes a match to the grant award of
$105,000 to be provided in -kind in the amount of $3,890,000 for a total project cost of
$3,995,000 to enhance the City of Tamarac's emergency preparedness and response
capabilities.
SECTION 4: The appropriate City Officials are hereby authorized to execute the
agreement between the City of Tamarac, Florida and the Florida Department of Community
Affairs hereby attached as Exhibit A.
SECTION 5: The appropriate City officials are hereby authorized to amend the
Grants Fund Budget in the amount of $105,000 and appropriate said funds including any
and all subsequent budgetary transfers to be in accordance with proper accounting
procedures.
SECTION 6: All resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
SECTION 7: 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.
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Temp. Reso #9405
May 30, 2001
Page 4
SECTION 8: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this QRDINANCE.' as
to form. n / 1
MITCHELL S. K
eity Attorney
13 day of J U a C . 2001.
6 S .
J S C H RE I B E R
Mayor
RECORD OF COMMISSION
MAYOR SCHRIEBER
DIST 1: COMM. PORTNER _
DIST 2: COMM. MISHKIN
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
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Agreement Number: 02CP-10-11-1 6-02-126
STATE FUNDED GRANT 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:
WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes,
and Rule Chapter 9G-19, Florida Administrative Code, to disburse funds for emergency
management grants to eligible recipients; and
WHEREAS, the Recipient has been awarded funds under the above -referenced
authorities after completion of the competitive awards process; and
WHEREAS, Recipient agrees to comply with all the requirements applicable to said
award, as supplemented by the terms and conditions in this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
I. SCOPE OF WORK AND FUNDING
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 conditions. All terms and conditions set forth in
Attachment F are incorporated as if set out fully herein.
II. 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
of this Agreement.
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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 VIL 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; 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
V. 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, 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
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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,
Florida Statutes, agrees to be fully 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 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.
VII. NONCOMPLIANCE, DEFAULT REMEDIES, AND TERMINATION
A. If the Recipient fails to comply with any term applicable to an award under Rule
Chapter 9G-19 F.A.C., or this Agreement, the Department may take one or more
of the following actions, as indicated by the attendant circumstances:
temporarily withhold cash payments, pending correction of the deficiency,
or withhold the final 10 percent of the grant award until the final work
product is completed, submitted and determined to be acceptable by the
Department;
2. disallow all or part of the cost of the activity or action not in compliance;
3. suspend or terminate the award;
4. disallow future participation in the program or funding provided under this
rule chapter;
S. recover all funds provided 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:
the costs result from obligations which were properly incurred by the
Recipient before the effective 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
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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 any 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
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remedies shall not preclude the Department from pursuing any other remedies
contained herein or otherwise provided at law or in equity:
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;
2. Commence an appropriate 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 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;
Exercise any other rights or remedies which may be otherwise available
under law;
F. 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.
G. 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.
H. The Recipient shall return funds to the Department if found in non-compliance
with laws, rules, regulations governing the use of the funds or this Agreement.
This Agreement may be terminated by the written mutual consent of the parties.
S
VIII
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J. 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.
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, relating
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:
City of Tqm4rac
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
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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. The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et sea.), 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
C. This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If
any provision hereof is in conflict with any applicable statute or rule, or is
otherwise unenforceable, then such provision shall be deemed null and void to the
extent of such conflict or unenforceability, and shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
D. 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, the
Recipient certifies, to the best of its knowledge and belief, that it and its
principals:
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 three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local)
transaction or contract under public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
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 three-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or
default.
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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 REQUIREMENTS
A. The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the
receipt and expenditure of 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. 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.
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XI. SUBCONTRACTS AND PROCUREMENT
A. If the Recipient subcontracts any or all of the work required under this Agreement,
the Recipient agrees to include in the subcontract that the subcontractor is bound
by the terms and conditions of this Agreement with the Department.
B. The Recipient agrees to include in the subcontract that 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.
See Attachment E for any additional terms and conditions pertaining to subcontracts.
XII. TERMS AND CONDITIONS
The Agreement contains all the terms and conditions agreed upon by the parties.
XIII. 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.
XIV. 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, Florida Statutes.
B. If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be granted by a letter from the Department. This letter
will state the new expiration date, 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 and 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 meet the criteria set forth in the Agreement for
completion of the Agreement is due to events beyond the control of the Recipient.
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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)
f Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
Department shall consider the employment by any con..tractor of unauthorized
aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient
of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
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. STATE 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. 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
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also certifies that the undersigned possesses the authority to legally execute and bind
Recipient to the terms of this Agreement.
XVII. EQUIPMENT AND PROPERTY MANAGEMENT
If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to
use said equipment for emergency management purposes only, and to properly maintain
and repair said equipment. Recipient shall establish adequate maintenance procedures to
keep the equipment in proper working condition. 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 this equipment available to the Local Emergency
Management Agency established pursuant 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 TRADEMARK
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 Department. Any and all copyrights
accruing under or in connection with the performance under this Agreement are
hereby reserved to the State of Florida.
C. 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
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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.
17��y.M.�a�:lu•%�:�:7
Name and Title:
Joe Schreiber, Mayor
Date: L"1 3 _0 1
59-1039552
Federal Employer T.D.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
:•
Name and Title: Joseph F. Myers, Director
Date:
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Jeffre I . M er, City Manager
Date: (.:, - 13 - a /
itchell S. Kraftlwlify Attorney
Dater
Attachment A
SCOPE OF WORK
The information and representations contained in the grant application submitted to the
Department by the Recipient and evaluated pursuant to Rule Chapter 9G-19, Florida
Administrative Code, are hereby incorporated by reference into this Agreement.
Within thirty days of the date of execution of this Agreement, Recipient will supply a
document which includes an activities timeline, a list of deliverables, and a revised budget,
for the approval of the Department. This document will address, with particularity and
appropriate discussion, each task necessary to complete the project identified in Recipient's
application for grant funding.
The revised budget portion of this document must be consistent in format with the budget
proposed in the original project application. It rn gist not consist of new line item expenditures,
but will indicate whether the cost of the line items detailed in the original budget have increased
or decreased from the original information. Any proposed deviations from the original budget
may not exceed 5% (increase or decrease) of the originally approved amounts in the expenditure
categories affected. The total amount of grant money budgeted may not exceed the amount
authorized in the Agreement.
Failure to supply the above -referenced document, or disapproval of this document by the
Department, will result in the denial of funding.
If the Recipient succeeds in acquiring products or services for less than the budgeted amount,
then it must notify the Department and request authorization to apply the unexpended funds to
the project, identifying the proposed use for the unexpended funds. If the unexpended funds can
be applied to enhance the project through acquisition of additional equipment or services which
will provide the same benefit as the approved project, then the Department may approve the use
of the unexpended funds.
The Recipient will purchase a 500KV (400KW) diesel emergency power generator as specified
in the proposal. If the generator is to be permanently installed at/in a building, then the building
must meet ARC 4496 guidelines (this must be demonstrated to the Department prior to
disbursement of funds). If a portable generator is purchased, then the generator must be
protected, and a quick connection must be installed at the building for the rapid
connection/disconnection of the generator. Portable is defined as a self-contained unit mounted
on skids or trailer -mounted. The generator fuel source can not be solely dependent on an off -site
fuel source. If natural gas fuel is desired by the Recipient, then a conversion system shall be
included to allow for use of an alternative fuel such as diesel, LP, or gasoline.
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Prior to disbursement of funds, a proposed means of protection :For this (these) generator(s)
will have to be approved by the Department. The Recipient must demonstrate the method that
will be used to protect the generator(s) from hurricane effects. Hurricane effects means severe
winds, rains, flooding, storm surge, and windborne debris impact. The method of protection may
include moving the generator to a building that meets ARC 4496 guidelines prior to the onset of
a hurricane, building a structure around the generator on -site to protect it from hurricane effects,
or the use of integral protection. Integral protection includes all-weather housing, tie -downs, and
elevation above flooding or storm surge.
If the Recipient builds a structure to protect the generator, it must be designed for wind loads in
accordance with the latest edition of the American Society of Civil Engineers Standard 7 (ASCE
7), "Minimum Design Loads for Buildings and Other Structures", Category III Importance Factor
(Essential Facility). The generator building enclosure, including walls, roofs, louvers, and
outside doors shall, at a minimum, have windborne debris impact resistance equivalent to the
Southern Building Code Congress International (SBCCI) Standard SSTD 12, and/or the
Arne:ican Society for Testing and Materials (ASTM) Standard E 1996-97 (Essential Facility).
That is, the building enclosure must resist penetration by a nominal 2"x4" lumber plank weighing
nine (9) pounds traveling at 34 miles -per -hour (50 ft/sec) and striking "end -on" and normal to the
building's surface. Structural metal cladding panels (roof and walls) will have a minimum
thickness equivalent to that of 22 gauge metal or thicker. The generator building elevation must
also be above storm surge or the 100-year floodplain estimated flood level at that location.
The Recipient will provide an in -kind match of $3,890,000, or 97% of the total project cost. The
in -kind match fixed capital outlay, which will be the construction of the facility.
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14
Attachment B
PROGRAM STATUTES AND REGULATIONS
1. Chapter 252, Florida Statutes
2. Rule Chapter 9G-19, Florida Administrative Code
Chapter 287, Florida Statutes
4. Chapter 119, Florida Statutes
5. Chapter 60A-1, Florida Administrative Code
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15
Attachment C
RECORD KEEPING
A. All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the
final close-out report, whichever is later, with the following exceptions:
If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three 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 $1,000
or more at the time of acquisition shall be retained for three years after final
disposition.
3. Records relating to real property acquisition shall be retained for three years after
closing of title.
B. All records, including supporting documentation of all program costs, shall be sufficient
to determine compliance with the requirements and objectives of the Scope of Work,
Attachment A, and all other applicable laws and regulations.
C. 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.
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ON
Attachment D
RKBIGRIO
A. At a minimum, the Recipient shall provide the Department with quarterly Financial
Report/Reimbursement Requests, quarterly Summary Project Progress Reports and
final Close-out Reports. The Recipient shall utilize the report formats provided by the
Department.
B. Quarterly reports are due to be received by the Department no later than fifteen
(15) days after the end of each quarter and shall continue to be submitted each
quarter until submission of the administrative close-out report. The ending dates
for each quarter and the report due dates are as follows:
carter Ending Date Reports Due
1 September 30, 2001 October 15, 2001
2 December 31, 2001 January 15, 2002
3 March 31, 2002 April 15, 2002
4 June 30, 2002 July 15, 2002
C. The final close-out report is due forty-five (45) days after termination of this
Agreement or upon completion of the activities contained in this Agreement.
D. Pursuant to rule 9G-19.010(7), the Recipient shall identify the applicable procurement
rules, regulations and standards to be used in the first progress report to the Division
following the notice of award.
E. 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
Paragraphs VII. and IX. The Department may take action for non-compliance
consistent with Rule 9G-19.014, F.A.C. if reports are not timely received. "Acceptable
to the Department" means that the work product was completed in accordance with
generally accepted principles and applicable law, and is consistent with the Scope of
Work, as determined by the Department in its sole discretion.
F. Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be requested by the Department.
G. The Department shall be permitted to inspect and monitor the records and facilities of
funded projects and award recipients. Such inspections may occur without notice at any
reasonable time, which shall be presumed to be normal business hours on Monday
through Friday.
17
Attachment E
PROCUREMENT SUBCONTRACTS AND SUBGRANTS
A. Subcontracts entered into by a Recipient in connection with any portion of the
proposed project shall contain all terms of the Recipient's Agreement with the
Department.
B. The Recipient shall send a copy of any subcontracts entered into in connection with
implementing the proposed project to the Department within 30 days after their
effective date.
C. Recipient shall not award subgrants using funds awarded pursuant to this rule chapter.
D. Recipient shall comply with all applicable procurement rules and regulations in
securing goods and services to implement a proposed project. Wherever required by
law or otherwise permitted, Recipient shall utilize competitive procurement practices.
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m
Attachment F
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
$105,000 subject to the availability of funds. The amount of funds available pursuant
to this rule chapter may be adjusted proportionally when necessary to meet any
matching requirements imposed as a condition of receiving federal disaster relief
assistance or planning funds. Funds received from the Emergency Management,
Preparedness and Assistance Trust Fund may not be used to supplant existing
funds.
B. The Recipient shall establish a separate account code in an interest bearing account for
tracking all deposits, expenditures and interest pertaining to an award. A separate
account code shall be established for each award received. The interest earned on said
account (s) shall be remitted promptly to the Department, but no later than ninety days
after the completion of the Agreement.
C. Any advance payment under this Agreement is subject to s. 216.181(14), Florida
Statutes. Twenty-five (25) percent of an award may be advanced. Payment of
reimbursable expenditures may be requested thereafter, at the end of each quarter. If an
advance payment is requested, the budget data on which the request is based and a
justification letter shall be submitted. The letter will specify the amount of advance
payment needed and provide an explanation of the necessity for and proposed use of these
funds. The Recipient shall mark the appropriate place below indicating whether or not an
advance payment is requested, if an advance payment is requested enter the amount of the
request.
1. No advance payment is requested; payment will be made solely
on a reimbursement basis.
2. An advance payment of $ is requested; balance of
payments will be made on a reimbursement basis. (Justification
letter must be provided.)
D. After the initial advance, if any, quarterly payments may be made for all reimbursable
expenses incurred as of the end of each quarter. The Recipient agrees to expend funds in
accordance with the Scope of Work, Attachment A of this Agreement.
E Recipient agrees to perform the project identified in said application utilizing the funds
provided under this Agreement, supplemented by any funds represented in said
19
application as matching funds. Recipient shall not expend more than five percent (S%) 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 the
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 (S%) of the total funds awarded from the trust fund for the project.
F. Funds disbursed to the Recipient by the Department that are not expended
inimplementing the project shall be returned to the Department, along with interest
earned on the funds, within ninety (90) days of the expiration of the award Agreement.
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20
Attachment G
AUDIT REQUIREMENTS
A. The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and
expenditure of 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 contract amount is $300,000 or more, then the Recipient shall also provide the
Department with an annual financial audit report which meets the requirements of the
Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, and OMB Circular A-133 for the
purposes of auditing and monitoring the funds awarded under this Agreement. The
funding for this Agreement was received by the Department as a Contractual Services
appropriation.
The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial assistance
specifically identifying all Agreement and other revenue by sponsoring agency
and Agreement number.
3_ The complete financial audit report, including all items specified in Attachment
G. D. 1 and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
E. 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
21
in accordance with these applicable regulations and Agreement provisions within thirty
(30) days after the Department has notified the Recipient of such non-compliance.
F. The Recipient shall retain all financial records, supporting documents, statistical records,
and any other documents pertinent to this contract for a period of three 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 three-year period, the records shall be retained until
the litigation or audit findings have been resolved.
G. 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, Fla. Stat. The IPA shall state that the audit complied with
the applicable provisions noted above.
H. The audit is due seven (7) months after the end of the fiscal year of Recipient or by the
date the audit report is issued by the state Auditor General, whichever is later.
22
Agreement Number: 02CP-10-11-16-02-126
STATE FUNDED GRANT 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:
WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes,
and Rule Chapter 9G-19, Florida Administrative Codes to disburse funds for emergency
management grants to eligihle recipients; and
WHEREAS, the Recipient has been awarded funds under the above -referenced
authorities after completion of the competitive awards process; and
WHEREAS, Recipient agrees to comply with all the requirements applicable to said
award, as supplemented by the terms and conditions in this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
I_ SCOPE OF WORK AND FUNDING
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 conditions. All terms and conditions set forth in
Attachment F are incorporated as if set out fully herein.
II. 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
of this Agreement.
1
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: 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
V. 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, 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
2
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,
Florida Statutes, agrees to be fully 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 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.
VII. NONCOMPLIANCE DEFAULT REMEDIES AND TERMINATION
A. If the Recipient fails to comply with any term applicable to an award under Rule
Chapter 9G-19 F.A.C., or this Agreement, the Department may take one or more
of the following actions, as indicated by the attendant circumstances:
temporarily withhold cash payments, pending correction of the deficiency,
or withhold the final 10 percent of the grant award until the final work
product is completed, submitted and determined to be acceptable by the
Department;
2. disallow all or part of the cost of the activity or action not in compliance;
suspend or terminate the award;
4. disallow future participation in the program or funding provided under this
rule chapter;
5. recover all funds provided 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 effective 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
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.
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
remedies shall not preclude the Department from pursuing any other remedies
contained herein or otherwise provided at law or in equity:
l . 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;
2. Commence an appropriate 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 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;
5. Exercise any other rights or remedies which may be otherwise available
under law;
F. 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.
G. 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.
H. The Recipient shall. return funds to the Department if found in non-compliance
with laws, rules, regulations governing the use of the funds or this Agreement.
This Agreement may be terminated by the written mutual consent of the parties.
k"
J. 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.
VIII. 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, relating
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:
JeffrPT_ T.. Mill? ...City Manager
City-ofTamarac
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.
IX. 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
C
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. The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas
of employment, public accommodations, transportation, State and local
government services, and in telecommunications
C. This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If
any provision hereof is in conflict with any applicable statute or rule, or is
otherwise unenforceable, then such provision shall be deemed null and void to the
extent of such conflict or unenforceability, and shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
D. 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, the
Recipient certifies, to the best of its knowledge and belief, that it and its
principals:
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 three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local)
transaction or contract under public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
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 three-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or
default.
7
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 REQUIREMENTS
A. The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the
receipt and expenditure of 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. 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,
El
XI. SUBCONTRACTS AND PROCUREMENT
A. If the Recipient subcontracts any or all of the work required under this Agreement,
the Recipient agrees to include in the subcontract that the subcontractor is bound
by the terms and conditions of this Agreement with the Department.
B. The Recipient agrees to include in the subcontract that 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.
See Attachment E for any additional terms and conditions pertaining to subcontracts.
XII. TERMS AND CONDITIONS
The Agreement contains all the terms and conditions agreed upon by the parties.
XIII. 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.
XIV. 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, Florida Statutes.
B. If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be granted by a letter from the Department. This letter
will state the new expiration date, 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 and 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 meet the criteria set forth in the Agreement for
completion of the Agreement is due to events beyond the control of the Recipient.
P7
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 S 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 una-.rthorized
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. STATE 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. 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
10
also certifies that the undersigned possesses the authority to legally execute and bind
Recipient to the terms of this Agreement.
XVII. EQUIPMENT AND PROPERTY MANAGEMENT
If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to
use said equipment for emergency management purposes only, and to properly maintain
and repair said equipment. Recipient shall establish adequate maintenance procedures to
keep the equipment in proper working condition. 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 this equipment available to the Local Emergency
Management Agency established pursuant 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 TRADEMARK
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 Department. Any and all copyrights
accruing under or in connection with the performance under this Agreement are
hereby reserved to the State of Florida.
C. 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
11
nl07
i�
RECEIVED
CITY Qj" �rin��6p't�-, STATE OF FLORIDA
CIT'r'W', .. r3�-TMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida abetter place to call home"
)EB BUSH
Governor
July 10, 2001
Ms. Diane Phillips
Special Projects Coordinator
City of Tamarac
7525 N. W. 88 Avenue
Tamarac, F133321
Dear Ms. Phillips:
STEVEN M. SEIBERT
Secretary
Enclosed is a fully executed copy of the Emergency Management Preparedness and Assistance
Program Competitive Grant Agreement between your organization and the Department of Community
Affairs. Also included is a copy of (1) the Financial Report/Reimbursement Request forms to be used
when filing a claim for reimbursement and to be submitted quarterly as a financial status report; and (2)
the Summary Project Progress Report which is also required for quarterly reporting to this Division on
the project.
If you have requested an advancement of funds under Section C, Attachment F of this
Agreement, but have not provided us with a written letter of justification explaining the need for and the
anticipated use of any advanced funds, please do so as soon as possible. Absence of this information
could cause a delay in the release of advanced funds to you.
Within thirty (30) days of the date listed on this letter, please provide the Division's Finance and
Logistics Management Section with a list of deliverables, a timeline for their completion, and a revised
budget as noted on page 13, Attachment A of this Agreement. Failure to supply this information could
result in the denial of funding.
We are looking forward to working with you. If you have any questions regarding this program,
please contract me at (850) 413-9894 or Paula Churchwell at (850) 413-9942,
Sincerely,
Edgar W. Gonesh, Manager
Emergency Management Preparedness
and Assistance Program
EWG/pc
Enclosures
2555 SHUMARD OAK BOULEVARD-TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/5uncom 291-0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT
2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Marathon, FL 33050-2227 Tallahassee, FL 32399.2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
(305) 289.2402 (850) 488-2356 (850) 413-9969 (850) 488.7956
Attachment A
SCOPE OF WORK
The information and representations contained in the grant application submitted to the
Department by the Recipient and evaluated pursuant to Rule Chapter 9G-19, Florida
Administrative Code, are hereby incorporated by reference into this Agreement.
Within thirty days of the date of execution of this Agreement, Recipient will supply a
document which includes an activities timeline, a list of deliverables, and a revised budget,
for the approval of the Department. This document will address, with particularity and
appropriate discussion, each task necessary to complete the project identified in Recipient's
application for grant funding.
The revised budget portion of this document must be consistent in format with the budget
proposed in the original project application. It must not consist of new line item expenditures,
but will indicate whether the cost of the line items detailed in the original budget have increased
or decreased from the original information. Any proposed deviations from the original budget
may not exceed 5% (increase or decrease) of the originally approved amounts in the expenditure
categories affected. The total amount of grant money budgeted may not exceed the amount
authorized in the Agreement.
Failure to supply the above -referenced document, or disapproval of this document by the
Department, will result in the denial of funding.
If the Recipient succeeds in acquiring products or services for less than the budgeted amount,
then it must notify the Department and request authorization to apply.the unexpended funds to
the project, identifying the proposed use for the unexpended funds. If the unexpended funds can
be applied to enhance the project through acquisition of additional equipment or services which
will provide the same benefit as the approved project, then the Department may approve the use
of the unexpended funds.
The Recipient will purchase a 500KV (400KW) diesel emergency power generator as specified
in the proposal. If the generator is to be permanently installed at/in a building, then the building
must meet ARC 4496 guidelines (this must be demonstrated to the Department prior to
disbursement of funds). If a portable generator is purchased, then the generator must be
protected, and a quick connection must be installed at the building for the rapid
connection/disconnection of the generator. Portable is defined as a self-contained unit mounted
on skids or trailer -mounted. The generator fuel source can not be solely dependent on an off -site
fuel source. If natural gas fuel is desired by the Recipient, then a conversion system shall be
included to allow for use of an alternative fuel such as diesel, LP, or gasoline.
13
Prior to disbursement of funds, a proposed means of protection for this (these) generator(s)
will have to be approved by the Department. The Recipient must demonstrate the method that
will be used to protect the generator(s) from hurricane effects. Hurricane effects means severe
winds, rains, flooding, storm surge, and windborne debris impact. The method of protection may
include moving the generator to a building that meets ARC 4496 guidelines prior to the onset of
a hurricane, building a structure around the generator on -site to protect it from hurricane effects,
or the use of integral protection. Integral protection includes all-weather housing, tie -downs, and
elevation above flooding or storm surge.
If the Recipient builds a structure to protect the generator, it must be designed for wind loads in
accordance with the latest edition of the American Society of Civil Engineers Standard 7 (ASCE
7), "Minimum Design Loads for Buildings and Other Structures", Category III Importance Factor
(Essential Facility). The generator building enclosure, including walls, roofs, louvers, and
outside doors shall, at a minimum, have windborne debris impact resistance equivalent to the
Southern Building Code Congress International (SBCCI) Standard SSTD 12, and/or the
American Society fo. Testing and Materials (ASTM) Standard E 1996-97 (Essential Facility).
That is, the building enclosure must resist penetration by a nominal 2"x4" lumber plank weighing
nine (9) pounds traveling at 34 miles -per -hour (50 ft/sec) and striking "end -on" and normal to the
building's surface. Structural metal cladding panels (roof and walls) will have a minimum
thickness equivalent to that of 22 gauge metal or thicker. The generator building elevation must
also be above storm surge or the 100-year floodplain estimated flood level at that location.
The Recipient will provide an in -kind match of $3,890,000, or 97% of the total project cost. The
in -kind match fixed capital outlay, which will be the construction of the facility.
(The bottom portion of this page is intentionally left blank)
14
Attachment B
PROGRAM STATUTES AND REGULATIONS
Chapter 252, Florida Statutes
2. Rule Chapter 9G-19, Florida Administrative Code
I Chapter 287, Florida Statutes
4. Chapter 119, Florida Statutes
5. Chapter 60A-1, Florida Administrative Code
(The bottom portion of this page intentionally left blank.)
15
Attachment C
RECORD KEEPING
A. All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the
final close-out report, whichever is later, with the following exceptions:
If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three 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 $1,000
or more at the time of acquisition shall be retained for three years after final
disposition.
Records relating to real property acquisition shall be retained for three years after
closing of title.
B. All records, including supporting documentation of all program costs, shall be sufficient
to determine compliance with the requirements and objectives of the Scope of Work,
Attachment A, and all other applicable laws and regulations.
C. 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.
(The bottom portion of this page intentionally left blank.)
3.6
Attachment D
REPORTS
A. At a minimum, the Recipient shall provide the Department with quarterly Financial
Report/Reimbursement Requests, quarterly Summary Project Progress Reports and
final Close-out Reports. The Recipient shall utilize the report formats provided by the
Department.
B. Quarterly reports are due to be received by the Department no later than fifteen
(15) days after the end of each quarter and shall continue to be submitted each
quarter until submission of the administrative close-out report. The ending dates
for each quarter and the report due dates are as follows:
Quarter Ending Date Reports Due
1 September 30, 2001 October 15, 2001
2 December 31, 2001 January 15, 2002
3 March 31, 2002 April 15, 2002
4 June 30, 2002 July 15, 2002
C. The final close-out report is due forty-five (45) days after termination of this
Agreement or upon completion of the activities contained in this Agreement.
D. Pursuant to rule 9G-19.010(7), the Recipient shall identify the applicable procurement
rules, regulations and standards to be used in the first progress report to the Division
following the notice of award.
E. 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
Paragraphs VII. and IX. The Department may take action for non-compliance
consistent with Rule 9G-19.014, F.A.C. if reports are not timely received. "Acceptable
to the Department means that the work product was completed in accordance with
generally accepted principles and applicable law, and is consistent with the Scope of
Work, as determined by the Department in its sole discretion.
F. Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be requested -by the Department.
G. The Department shall be permitted to inspect and monitor the records and facilities of
funded projects and award recipients. Such inspections may occur without notice at any
reasonable time, which shall be presumed to be normal business hours on Monday
through Friday.
17
Attachment E
PROCUREMENT SUBCONTRACTS AND SUBGRANTS
A. Subcontracts entered into by a Recipient in connection with any portion of the
proposed project shall contain all terms of the Recipient's Agreement with the
Department.
B. The Recipient shall send a copy of any subcontracts entered into in connection with
implementing the proposed project to the Department within 30 days after their
effective date.
C. Recipient shall not award subgrants using funds awarded pursuant to this rule chapter.
D. Recipient shall comply with all applicable procurement rules and regulations in
securing goods and services to implement a proposed project. Wherever required by
law or otherwise permitted, Recipient shall utilize competitive procurement practices.
(The bottom portion of this page intentionally left blank.)
Attachment F
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
$105,000 subject to the availability of funds. The amount of funds available pursuant
to this rule chapter may be adjusted proportionally when necessary to meet any
matching requirements imposed as a condition of receiving federal disaster relief
assistance or planning funds. Funds received from the Emergency Management,
Preparedness and Assistance Trust Fund may not be used to supplant existing
funds.
B. The Recipient shall establish a separate account code in an interest bearing account for
tracking all d 2posits, expenditures and interest pertaining to an award A separate
account code shall be established for each award received. The interest earned on said
account (s) shall be remitted promptly to the Department, but no later than ninety days
after the completion of the Agreement.
C. Any advance payment under this Agreement is subject to s. 216.181(14), Florida
Statutes. Twenty-five (25) percent of an award may be advanced. Payment of
reimbursable expenditures may be requested thereafter, at the end of each quarter. If an
advance payment is requested, the budget data on which the request is based and a
justification letter shall be submitted. The letter will specify the amount of advance
payment needed and provide an explanation of the necessity for and proposed use of these
funds. The Recipient shall mark the appropriate place below indicating whether or not an
advance payment is requested, if an advance payment is requested enter the amount of the
request.
1 _ No advance payment is requested; payment will be made solely
on a reimbursement basis.
2. An advance payment of $ is requested; balance of
payments will be made on a reimbursement basis. (Justification
letter must be provided.)
D. After the initial advance, if any, quarterly payments may be made for all reimbursable
expenses incurred as of the end of each quarter. The Recipient agrees to expend funds in
accordance with the Scope of Work, Attachment A of this Agreement.
E Recipient agrees to perform the project identified in said application utilizing the funds
provided under this Agreement, supplemented by any funds represented in said
19
application as matching funds. Recipient shall not expend 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 the
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 the trust fund for the project.
F. Funds disbursed to the Recipient by the Department that are not expended
inimplementing the project shall be returned to the Department, along with interest
earned on the funds, within ninety (90) days of the expiration of the award Agreement.
(The bottom portion of this page intentionally left blank.)
20
Attachment G
AUDIT REQUIREMENTS
A. The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and
expenditure of 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 contract amount is $300,000 or more, then the Recipient shall also provide the
Department with an annual financial audit report which meets the requirements of the
Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, and OMB Circular A-133 for the
purposes of auditing and monitoring the funds awarded under this Agreement. The
funding for this Agreement was received by the Department as a Contractual Services
appropriation.
The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial assistance
specifically identifying all Agreement and other revenue by sponsoring agency
and Agreement number.
3. The complete financial audit report, including all items specified in Attachment
G. D. I and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
E. 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
21
in accordance with these applicable regulations and Agreement provisions within thirty
(30) days after the Department has notified the Recipient of such non-compliance.
F. The Recipient shall retain all financial records, supporting documents, statistical records,
and any other documents pertinent to this contract for a period of three 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 three-year period, the records shall be retained until
the litigation or audit findings have been resolved.
G. 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, Fla. Stat. The IPA shall state that the audit complied with
the applicable provisions noted above.
H. The audit is due seven (7) months after the end of the fiscal year of Recipient or by the
date the audit report is issued by the state Auditor General, whichever is later.
22
STATE OF FLORIDA
DEPARTMENT OF COMMUNXTY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMINT PREPAREDNESS AND ASSISTANCE PROGRAM
INSTRUCTIONS AND FORMS FOR SUBAMTI NG
. REIMgURSE31ENT CLAIMS
These instructions pertain specifically to claims for reimbursement of costs incurred in the Emergency Management
Preparedness and Assistance Program.
A. Where to file:
Claims are to be submitted to the Division of Emergency Management (DEM), addressed as follows:
DEPARTMENT OF C OMMU= AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
BUREAU OF COMPLIANCE PLANNING AND SUPPORT
FINANCE AND LOGISTICS MANAGEMENT SECTION
2553 SHUMARD OAK BOULEVARD
TALLA +rASSEE, FLORIDA 32399-2100
B. Time for filing reimbursement claims:
Ia accordance with Attachment D of the Agreement, and to assure prompt processing, reimbursement claims should.
be filed so as to be received by the DEM on or before 15 days after the end of each quarter.
C. Documentation of project expenditures:
1. Grantees must maintain documentation of expenditures for a minimum period of three years following the
close of project operations unless audits require a longer period of time.
2. Grantees should maintain a financial file with copies of back-up documentation for all paid project
expenditures made by the grantee during the grant period. Documentation of =0dLt_EW-u—a-gaiA2Lt-bA
ff.
pro aEa will be reyiewiW and verified during on -site monitoringvisits or who necesgaMkbv_the
Acceptable documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled
checks, payroll vouchers, journal. transfers, etc- cu t "o enditures shquid not t t t e
ice•
3.. In order to document hours worked on the project by permanent or temporary staff, the grantee may use
its own time and attendance forams.
4. All claims for reimbursement of expenditures must be submitted on the approved DCA fntancW reporting
forms. Submit only those forms for budget categories in which you have incurred expenditures. Do t
send blank forms. If a grantee does not have any expenditures during a given quarter, the grantee must
submit only the first page stating, "No Expenditures in this Quarter".
Page I of 8
STATE OF FLORIDA
DEPARTMENT OF COACqUNITY.AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSIST-ANCE PROGRAM
FINANCIAL REPORT/ RErPURSEMENT REQUEST
Grantee
Address
Telephone Number
Agreement. Number
Costs Incurred During the Period of:
For definition of expenditure categories #1- 6,
se$ Page 8 of this package
L SALARY AND BENEFITS
,,Date of Claim --
Agreement Amount,
Claim Number
through /
ri
?. OTHER PERSONAL/
CONTRACTUAL SERVICES
3. ADMINISTRATIVE EXPENSES
4. EXPENSES
S. OPERATING CAPITAL OUTLAY (OCO)
6. FIXED CAPITAL OUTLAY (FCO)
7. TOTAL EXPENDITURES
S. LESS PAYMENTS PREVIOUSLY RECEIVED UNDER THIS AGREEMENT
(Include any advanced funds on the final quarter request ONLY)
9. BALANCE DUE FOR THIS PERIOD
10. TOTAL CASH MATCH EXPENDITURES (IF APPLICABLE
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement -
AWARD AMOUNT
PREVIOUS PAYMENTS
THIS PAYMENT
REMAINING BALANCE
(To be completed by DEK
Signed
Contract Manager or Financial Officer
TOTAL AMOUNT TO BE PAID
ON THIS INVOICE:
S
(To be completed by DEM)
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DEPARTMENT OF COMMDNITr-AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
MORGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE PROGRAM
=PENVITURE CATEGORY DEFINITIONS
1.912!ARY AND _HtLF.',ErTTS:
The compensation for services that are directly related to the project by a person who is
a regular employee in. an established position for a specific period of time, i
2.D ',JER9ONXLZCOh=919U -SERVICES:
The compensation for services that are directly related to the project by a person who is
not a regular or full-time employee filling an established. position. This shall include
but, not -ha limited to, temporary employees, student or graduate assistants, fellowships,
part time academic employment, board members, consultants, and other services specifically
budgeted by each agency in this category.
3.ADMINISTRATIVE EXPENSES:
The direct costs of staff managing the project and other direct costs for managing the
project, as well as the recipient's indirect rate, if any, applied to those direct costs
of management. The sum total of direct and indirect costs identified herein shall not
exceed S of total project costs.
4.EXPL• NSES
The usual, ordinary, and incidental expenditures by an agency, including, but not limited
to, commodities and supplies of a consumable nature, and excluding expenditures classified
as operating. capital outlay.
5.0PERATING C-A D _ITAL OUTLAY:
Equipment, fixtures and ocher tangible personal property of'a nonconsumable and
nonexpendable nature and has a normal expected life of one year or more.
6. FIXED_ C,5-_VITAL _OQTLAY
Real property (land, buildings including appurtenances, fixtures and fixed equipment,
structures, etc.), including additions, replacements, major repairs, and renovations to
real property which materially extend its useful life or materially improve or change its
functional use, and including operating capital outlay necessary to furnish and operate a
new or -improved facility.
D_VZS.:ON OF ��RG�iC� MP1�iACF., �'1T
'�C-ENCY M� C SIT pR�i ITESS aND �ST3'?'�1tiCE PRO C--�=�•r
SMaRY pRO�"ECT 'PROGRESS' REPORT
om4TY
:Iu-N 'EE
.C.P;n :
,ATE REPORT SUBMITTED
Q191 RTER
TO BE
SCOPE 0= WORK CATEGORY / X= COLLET=
$Llbni a timeline for the Scope or work.
Submit a list of deliverables to the Agency as
agreed to in the contract's Scope of work.
. submit a revised budget .
7,= i ndi vi al Y 1 1 y below, Cr On a Sc- -=k.=
attacrment, all other dellve ables racruired in
the Scone of work.
Quart`rly status reporting comments should be
thorough and include, but not be limited to, a
discussion of signi.-fti cant events or milestones
(hoth successes and problems), circumstances
w=fecti_^_g com-cletion dates, and a_ny special
issues wt1i ch should be reported on.
IST
1ST
1ST
Second
Th_rd
Faurt.b,
ST- TUS
Department of Community Affairs
2555 Shumard Oak Boulevard
Tailahassee, Fiorida 32399-2100
Emergency Management Preparedness and Assistance Trust Fund
Competitive Grant Program Close-Qut Report
This form should be completed and submitted to the Department no
later than forty-five (45) days after the termination date'of the Agreement.
Grantee Agreement No.
Address — AgreementArnount
City and State Agreement Period
Grant Award I Caah
cs" Ggtegarhs Expenditures Match
salary 6
9eneAh
Cuter' Personew
Carttraclual savid
Adsniwitradve
Expanses
s
penatig Capital CL9
(Ecumrnern)
Faced Canial Outlav
TCrrALS
Total Funds Received From the Department
of Community Affairs Under This
Agreement (Column 6, LSne 8) ,
Less Total Grant Award Expenditures (Col.1, Line 7)
In -kind Total
Klatch I Etpendittrex
Balance of Agreement Owed to DCA
Refund Due to the Slate? YES No_
Refund Check Enclosed? YES= No
-
I No, enter data that refund will be submitted
Refund andfor final interest check are due no later than ninety (90) days
after the expiration data of the Agreement.
Make Check Payable To:
Cashier
Department of Community Affairs
Mail To:
Department of community Affairs
Division of Emergency Management
2,955 Shumard Oak Boulevard
Tailahassee, Florida t2:399-2100
Include any Advanced fund-+ received
A reernsnt Amount
Lean Total Funds Received undertAh
A"alerk (Calurrrt 9, Une d)
Balance or Agreement
t hereby cw* that the above costs are true and valid costs
incurred in accordance with the project Agreement and that
the matching funds, in-;dnd or cash, were utirEmd bm—rd
the project in this Agreement.
Signed
Cmtract Manager or Fe wmd Cnicer
Date