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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-147Temp. Reso #9405 May 30, 2001 Page 1 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 Page 2 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. 1 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 11 11 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. 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 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 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; 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 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 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 4 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 10:l 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 C7 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. 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. L:1 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. 01 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 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 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: 12 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. 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 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. (The bottom portion of this page is intentionally left blank) 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 (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. 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. (The bottom portion of this page intentionally left blank.) 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. (The bottom portion of this page intentionally left blank.) 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. (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. 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) C U z c F�1 U7 Cif A m "0 z Z U4 q O 04 � A � L:7 �1 W r+�l eo- Q F 2 � b `il 0 4 II Z . ilk Id. L >Z � d . C. ❑ V1 rrO�� V _4 t4cz Q U cs .4 C tn. Cy H Z H C� z � G 4 n Cr o � a � u � N ❑ L+ w _4 CQ U 61 C L n . a � c d c a� n r� c d �a �a uz c., l4 0 a a 0 L. Cr a a a a a 0 a G 4 u y L O G! Il N U7 ` ❑ �' Z C7 LL. Z Z v r� C.r s O .0 c. ra U Z F CJ] cn 4 Q z 'Q cn en 2 cn Q � ❑Ucn � o w z C4 FA Z Li V d Z a U Z C7 z Q W L s 0 s, � G v a U� a A G a L a a V L U O L 0 a c �L u C 4 C C W y 11 ch If z a) Z z d � C�7 � M 0 d C d U LL Z �R LL Z F �z Z ea o. y L � 4r y U �w � z �. gat y � z N o � u L O O a0 C. c x a� u c a G d rn a� as d L ac 0 a Z O � w Fy O F� Page $ of 8 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