HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-250Temporary Reso. # 9502
August 27, 2001
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001 - 250
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL FLORIDA
MOTOR VEHICLE THEFT PREVENTION AUTHORITY
AND THE CITY PROVIDING FOR $13,960 IN FUNDS FOR
YEAR TWO OF THE FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY GRANT; AMENDING THE
GRANTS FUND BUDGET; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to reduce motor
vehicle theft within the City; and
WHEREAS the Legislature passed the Florida Motor Vehicle Theft Prevention Act in
1992 for the purpose of preventing, combating and reducing motor vehicle theft in Florida;
and
WHEREAS, the State Legislature established the Florida Motor Vehicle Theft
Prevention Authority, which makes grant funds available annually to support the purposes of
the act; and
WHEREAS, the City was awarded and accepted a grant in the amount of
$14,410 for year one of the program and filed an application for year two funding in
the amount of $13,960 to continue its motor vehicle theft prevention efforts; and
WHEREAS, the Florida Motor Vehicle Theft Prevention Authority has approved the
Temporary Reso. # 9502
August 27, 2001
Page 2
City of Tamarac's application for year two funding in the amount of $13,960 and
requires execution of the agreement, attached hereto as Exhibit 1, in order to implement the
grant award; and
WHEREAS, the City Manager and the Tamarac BSO District VII Chief recommend
acceptance of the year two award and execution of the agreement; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the residents to accept the year two award and execute the agreement between
the State of Florida Office of the Attorney General Florida Motor Vehicle Theft Prevention
Authority and the City of Tamarac, a copy of which is attached hereto as Exhibit 1.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
Section 2: The appropriate City officials are hereby authorized to execute the
Agreement between the State of Florida Office of the Attorney General Florida Motor
Vehicle Theft Prevention Authority and City of Tamarac, attached hereto as Exhibit 1.
Section 3: The City Commission authorizes the appropriate City officials to amend the
00�,
Grants Fund Budget in the amount of $13,960 and appropriate said funds including any
and all subsequent budgetary transfers to be in accordance with proper accounting
procedures.
Section 4: All Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
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Temporary Reso. # 9502
August 27, 2001
Page 3
Section 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Section 6: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED THIS 12t" day of September 2001.
A`T�T,EST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
hae pproved this
RESOLUTION as to form.
MITCHELL S. K FT
CITY ATTOR EY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER 6!
DIST 1: COMM. PORTNER A el
DIST 2: COMM. MISHKIN A e.
DIST 3: V/M SULTANOF_Aye,
DIST 4: COMM. ROBERTS A er
2A
ROBERT A. BUTTERWORTH
Attorney General
State of Florida
August 17, 2001
FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY
Ms. Diane Phillips
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, FL 33321-2401
RE: Grant Number 00-012-01
Office of the Attorney General
The Capitol, PL01
Tallahassee, Florida 32399.1050
Telephone; (850) 414-3300
Florida Motor Vehicle Theft Prevention Authority (FMVTPA)
Dear Ms. Phillips:
Congratulations on being selected as a 2001-2002 FMVTPA grant recipient. To implement
the grant, the enclosed agreement must be signed by your agency and the Authority. Robert
Ball has been designated as your grant manager for the funding period of October 1, 2001,
through September 30, 2002. Should any questions arise regarding the administration of the
grant, contact your grant manager at (850) 414-3361.
To ensure that you are aware of any changes made by the Authority prior to signing the
agreement, review the "Budget As Approved" and Section 5 of the Grant Application
regarding measurable objectives, activities/strategies, and evaluation criteria. Please ensure
that only the Authorizing Official for your agency affixes his or her signature on the
Agency line of the agreement (including the date signed), complete the Federal Employer
Identification Number (FID), and return the original signed agreement to my attention no
later than the close of business on September 21, 2001. A copy of the signed agreement
will be returned to your agency for your files. Please retain the "Budget As Approved" and
the Grant Application for your agency's records. In addition, please note that no grant
expenses may be incurred until the agreement is fully executed and not before
October 1, 2001.
FMVTPA continually works toward providing more efficient and effective communication
with each of our programs. Please complete the enclosed "Fact Sheet" and return the
original along with your grant agreement.
The FMVTPA will conduct Orientation Workshops at the sites listed below during October.
These workshops address the administrative reporting requirements for the 2001-2002 grant
year. Attendance is mandatory for the Project Director and we recommend that other
appropriate staff from your agency, such as those individuals responsible for completing
financial or progress reports also attend. The dates, times, and locations of the workshops are
AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER
Page 2
Ms. Phillips
August 17, 2001
as follows:
Monday, October 22, 2001
10:00 a.m. Office of the Attorney General
The Collins Building, Room G-19
Lemon Law Conference Room
107 West Gaines Street
Tallahassee, FL 32399-1050
Karen O'Bryan
(850) 414-3362
Wednesday, October 24, 2001 10:00 a.m. Seminole County Sheriff's Office
100 Bush Boulevard
Sanford, FL 33772
Anthony Berrios
(407) 665-6605
Thursday, October 25, 2001 10:00 a.m. Miami Beach Police Department
- - 1100 Washington Avenue
Miami Beach, FL 33139
Chris Dee
(305) 673-7776 ext. 5155
Please notify Karen O'Bryan by e-mail at, Karen_O'Bryan@oag.state.fl.us or by calling
(850) 414-3362, regarding which workshop you choose and the name of those individuals
who will be attending.
Sincerel
2
chard R. Nu s, Executive Director
Motor Vehicle Theft Prevention Authority
I��N41
Enclosures: Agreement
Budget As Approved
Grant Application
Fact Sheet
AGREEMENT BETWEEN THE STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL
FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY
AND
CITY OF TAMARAC
GRANT NO: 00-012-01
THIS AGREEMENT is entered into in the City of Tallahassee, Leon County, Florida by
and between the State of Florida, Office of the Attorney General, Florida Motor Vehicle Theft
Prevention Authority (the Authority), Catalog of State Financial Assistance (CSFA) Number
41.004, hereafter referred to as the Authority, an agency of the State of Florida with headquarters
being located in The Attorney General's Office, PL-01, the Capitol, Tallahassee, Florida 32399-
1050, and the City of Tamarac, thereafter referred to as the Agency. The parties hereto mutually
agree as follows:
ARTICLE 1. ENGAMMENT OF THE AGENCY
The Authority hereby agrees to engage the Agency and the Agency hereby agrees to
perform the services hereinafter set forth. The Agency understands and agrees that all services
are to be performed solely by the Agency and may not be subcontracted for or assigned without
the prior written consent of the Authority. The Agency agrees to supply the Authority with
written notification should it become necessary to change the project director, financial officer,
or authorizing official.
This Agreement shall be performed in accordance with Sections 860.151 through
860.158, Florida Statutes, and Chapters 2-36,009, Florida Administrative Code, which are hereby
incorporated by reference.
ARTICLE 2. SCOPE OF SERVICES
The Agency agrees to undertake, perform and complete the services described in the
grant application, hereby incorporated as Attachment A to this Agreement.
ARTICLE 3. TIME OF PERFORMANCE
This Agreement shall become effective on October 1, 2001, or on the date when the
Agreement has been signed by all parties, whichever is later, and shall continue through
September 30, 2002.
ARTICLE 4. AMOT INT OF FUNDS
The Authority agrees to pay the Agency for those services which are completed in
accordance with the terms and conditions of this Agreement, the grant application and the budget
as approved by the Authority. The total sum of monies paid to the Agency for the costs incurred
under this Agreement shall not exceed $13,960. The Agency agrees not to commingle grant
funds with other personal or business accounts.
ARTICLE 5.
Only expenditures which are detailed in the budget narrative of the grant application and
approved by the Authority are eligible for payment with grant funds. The Authority and Agency
understand and agree that funds may not be used to pay for lobbying the Legislature, the judicial
branch or a state agency; to pay for entertainment, food or refreshments; to supplant current
efforts; or to purchase decorative items. The Authority and Agency further agree that travel
expenses paid by grant funds will not exceed state rates pursuant to Section 112.061, F. S.; that
the Agency shall reimburse the Authority for all unauthorized expenditures; and that the Agency
shall not use grant funds for any expenditures made by the Agency prior to the execution of this
Agreement or after the termination date of the Agreement.
If the Agency is a unit of local or state government, the Agency must follow the written
purchasing procedures of the government agency. If the Agency is a non-profit or for -profit
organization, the Agency agrees to obtain a minimum of three (3) written quotes for all grant -
related purchases equal to or in excess of five hundred dollars ($500) unless it can be
documented that the vendor is a sole source supplier. The Authority may approve in writing an
alternative purchasing procedure.
ARTICLE 6.
The Agency may request an advance of up to three months of anticipated expenses, not to
exceed one quarter of the grant total. Subsequent payment shall be based on reimbursement of
monthly expenditures as reported by the Agency. Settlement of an advance payment shall begin
during the last quarter, or when 75% of the budget has been utilized, whichever occurs first. The
Agency must remit to the Authority all interest earned on the advance payment if such advance
payment is deposited into an interest -bearing account.
Reimbursement shall be made monthly based on Agency submission and Authority
approval of the Reimbursement Request Form which constitutes the monthly expenditure report
and the invoice. The Agency shall maintain documentation of all costs represented on the
Reimbursement Request Form. At the Authority's option, the Authority may require that
documentation of expenditures be submitted to the Authority prior to approval of the invoice.
The Authority may withhold payment if services are not satisfactorily completed. Payments for
the last quarter will be adjusted to reflect any advances made. The final invoice is due to the
Authority no later than 45 days after the expiration or termination of the Agreement.
Payment for services shall be issued in accordance with the provisions of Section
215.422, F. S. Pursuant to Section 215.422(5), F. S., the Department ofaranking and e to act as Finance
advocate
has established a Vendor Ombudsman, whose duties andresponsibilities
for vendors who may have problems obtaining timely payments from state agencies. The
Vendor Ombudsman may be reached at (850) 410-9724, or by calling the State Comptroller's
Hotline, 1-800-848-3792.
In accordance with the provisions of Section 287.0582, F. S., if the terms of this
Agreement and payment thereunder extend beyond the current fiscal year, the Authority's
performance and obligation to pay under this Agreement are contingent upon an annual
appropriation by the Legislature.
ARTICLE 7. pR O TE=
The Agency agrees to be responsible for the proper care, custody and distribution of all
grant property in accordance with Chapters 2-36.009, Florida Administrative Code, and agrees
2
not to sell, transfer, encumber, or otherwise dispose of property acquired with grant funds
without the written permission of the Authority.
:ARTICLE 8.
The Agency shall maintain books, records, and documents (including electronic storage
media) in accordance with generally accepted accounting procedures and practices which
sufficiently and properly reflect all revenues and expenditures of grant funds.
The Agency shall maintain a file for inspection by the Authority that contains all written
invoices for all fees or other compensation for services or expenses in detail sufficient for a
proper pre -audit and post -audit including the nature of the services performed or expenses
incurred, the identity of the person(s) who performed the services or incurred the expenses, the
amount of time expended in performing the services including the day on which the services
were performed, and, if expenses were incurred, a detailed itemization of such. Documentation
shall be maintained at the office of the Agency for a period of two years from the termination
date of the Agreement, or until the audit has been completed and any findings have been
resolved, whichever is later.
The Agency agrees to allow the Authority access, without notice, to all records and
information necessary to ensure compliance with the terms and conditions of this Agreement.
The Agency shall retain sufficient records demonstrating its compliance with the terms of
this agreement for a period of three years from the date the audit report is issued, and shall allow
the Authority or its designee, access to such records upon request. The Agency shall ensure that
audit working papers are made available to the Authority or its designee, upon request for a
period of three years from the date the audit report is issued, unless extended in writing by the
Authority.
ARTICLE 9. AUDITS
The administration of funds awarded by the Authority to the Agency may be subject to
audits as described in this section.
This part is applicable if the recipient is a nonstate entity as defined by Section
215.97(2)(1), F. S.
A. In the event that the Agency expends a total amount of State awards (i.e., State
financial assistance provided to the Agency to carry out a State project) equal to or in excess of
$300,000 in any fiscal year of such Agency, the Agency must have a State single or project -
specific audit for such fiscal year in accordance with Section 215.97, F. S.; applicable rules of the
Executive Office of the Governor and the Comptroller, and Chapter 10.650, Rules of the Auditor
General. ARTICLE 4. to this agreement indicates State fiords awarded through the Authority by
this agreement. In determining the State awards expended in this fiscal year, the Agency shall
consider all sources of State awards, including State funds received from the Authority except
that State awards received by a nonstate entity for Federal program matching requirements shall
be excluded from consideration.
B. In connection with the audit requirements addressed in this part, the Agency shall
ensure that the audit complies with the requirements of Section 215.97(7), F. S.. This includes
submission of a reporting package as defined by Section 215.97(2)(d), F. S., and Chapter 10.650,
Rules of the Auditor General.
C. If the Agency expends less than $300,000 in State awards in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, F. S., is not required. In the
3
event that the Agency expends less than $300,000 in State awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of Section 215.97, F. S., the cost of
the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid for from
,Agency funds obtained from sources other than State entities).
ARTICLE 10. AUDITREPORISUBMISSION
A. Copies of reporting packages required by Section 215.97, F. S., shall be submitted by
or on behalf of the Agency directly to each of the following:
1. The Office of the Attorney General, Bureau of Citizen Safety Programs and
Criminal Justice Programs, Florida Motor Vehicle Theft Prevention Authority, PL-01, The
Capitol, Tallahassee, Florida 32399-1050.
2. The State of Florida Auditor General, Attention: Ted J. Sauerbeck, Room 574,
Claude Pepper Building, 111 West Madison Street, Tallahassee, Florida 32302-1450.
B. Any reports, management letters, or other information required to be submitted to the
Authority pursuant to this agreement shall be submitted timely in accordance with Florida
Statutes and Chapter 10.650, Rules of the Auditor General, as applicable.
C. Agency, when submitting audit reports to the Office of the Attorney General for
audits done in accordance with Florida Statutes and Chapter 10.650, Rules of the Auditor
General, should indicate the date that the audit report was submitted to the Agency in
correspondence accompanying the audit report.
ARTICLE 11. REPORTS
The Agency agrees to maintain and timely file such progress, fiscal, inventory, and other
reports as the Authority may require pertaining to this grant.
ARTICLE 12. Pi IBLIC RECORDS
Unless specifically exempted by law, all records made or received by the Agency in
conjunction with this Agreement are public records available for inspection by the public in
accordance with the provisions of Section 119.07, F. S. Refusal of the Agency to allow public
access to such records shall constitute grounds for cancellation of this Agreement.
ARTICLE 13. TERMINATION OF AGREEMENT
The Authority shall have the right to terminate this Agreement for convenience or cause
by giving at least five (5) days written notice of such termination specifying the effective date,
and by sending the notice through registered mail to the Agency. Reasons for cause include, but
are not limited to, the Authority's determination that: the Agency for any reason fails to fulfill
the obligations under this Agreement in a timely manner; the Agency violates any of the
covenants or stipulations of this Agreement; or, the Agency did not meet the terms and
conditions of a current or prior year Agreement.
In the event this Agreement is terminated for convenience or cause, all supplies,
equipment and property purchased with grant funds shall be returned to the Authority. Any
finished or unfinished documents, data, studies, correspondence, reports and other products
prepared by or for the Agency under this Agreement shall be made available to and for the
exclusive use of the Authority. The Agency agrees to return all unexpended funds to the
Authority within 45 days of the effective date of termination or expiration of the Agreement.
Notwithstanding the above, the Agency shall not be relieved of liability to the Authority
4
for damages sustained by the Authority by virtue of any termination or breach of this Agreement
by the Agency. In the event this Agreement is terminated, the Agency shall be reimbursed for
services provided through the effective date of termination.
The Agency agrees not to make any modifications to this Agreement without receiving
prior written approval of the Authority. Either party may, however, request reasonable changes
to the provisions of, or scope of services to be performed under, this Agreement. Such changes
which are mutually agreed upon by all parties shall be confirmed in writing by the Executive
Director. Such changes which are deemed by the Executive Director to be substantial
modifications to the goals, objectives or budget shall require approval of the Authority, and shall
be incorporated in written amendments to this Agreement.
The Agency may, at one time during the period of the Agreement, transfer up to ten
percent (10%) of an approved budget category to other approved budget categories without prior
written approval of the Authority.
ARTICLE 15. NOMISCR 09AT_L2N
No person, on the grounds of race, creed, color, national origin, age, sex or handicap,
shall be excluded from participation in; be denied proceeds or benefits of; or be otherwise
subjected to discrimination in performance of this Agreement as proscribed by all applicable
state and federal laws and regulations.
ARTICLE 16. AA!CKLOWLFDGMENT
The Agency agrees to acknowledge the Florida Motor Vehicle Theft Prevention
Authority in all publications and activities that are funded wholly or in part with Authority grant
funds, and in all materials produced or purchased wholly or in part with Authority grant funds.
ARTICLE 17. CQ=INUATION OF GRANT
The Agency may annually apply for continuation of the initial Agreement for up to two
additional years. Continuation of the Agreement is subject to the following conditions:
A. A notice of intent to continue the program must be received by the Authority not less
than 120 days prior to the last day of the term of this agreement.
B. The request for continuation is for the same scope of services as set forth in the initial
Agreement.
C. The request for continuation is subject to the availability of funds.
D. The request for continuation is subject to approval by the Authority.
E. Continuation of the program is contingent upon satisfactory performance of the
Agency as evaluated by the Authority.
ARTICLE 18. AGREFMEhU AS INCLI MING ENTIRE AGREEMENT
This instrument embodies the entire Agreement of the parties. There are no provisions,
terms, conditions, or obligations other than those contained herein. This Agreement supersedes
9
all previous communications, representations or agreements on this same subject, verbal or
written, between the parties.
IN WITNESS WHEREOF, the FLORIDA MOTOR VEHICLE THEFT PREVENTION
AUTHORITY and the Agency have executed this Agreement.
Je x L. Miller, City Mgr.
City of Tamarac, Florida
n
Schreiber, Mayor
Ay of Tamarac, Florida
59-1305992
FID # of AGENCY
FRED O. DICKINSON
CHAIRMAN
FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY
(DATE)
RICHARD R. NUSS (DATE)
EXECUTIVE DIRECTOR
FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY
2
AGREEMENT BETWEEN THE STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL
FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY
AND
M I wall ail 1►\u• 0: M4
THIS AGREEMENT is entered into in the City of Tallahassee, Leon County, Florida by
and between the State of Florida, Office of the Attorney General, Florida Motor Vehicle Theft
Prevention Authority (the Authority), Catalog of State Financial Assistance (CSFA) Number
41.004, hereafter referred to as the Authority, an agency of the State of Florida with headquarters
being located in The Attorney General's Office, PL-01, the Capitol, Tallahassee, Florida 32399-
1050, and the City of Tamarac, thereafter referred to as the Agency. The parties hereto mutually
agree as follows:
ARTICLE 1. ENGAGEMENT OF THE AGENCY
The Authority hereby agrees to engage the Agency and the Agency hereby agrees to
perform the services hereinafter set forth. The Agency understands and agrees that all services
are to be performed solely by the Agency and may not be subcontracted for or assigned without
the prior written consent of the Authority. The Agency agrees to supply the Authority with
written notification should it become necessary to change the project director, financial officer,
or authorizing official.
This Agreement shall be performed in accordance with Sections 860.151 through
860.158, Florida Statutes, and Chapters 2-36.009, Florida Administrative Code, which are hereby
incorporated by reference.
ARTICLE 2. SCOPE OF SERVICES
The Agency agrees to undertake, perform and complete the services described in the
grant application, hereby incorporated as Attachment A to this Agreement.
ARTICLE 3. TIME OF PERFORMANCE
This Agreement shall become effective on October 1, 2001, or on the date when the
Agreement has been signed by all parties, whichever is later, and shall continue through
September 30, 2002.
ARTICLE 4. AMOUNT OF FI MS
The Authority agrees to pay the Agency for those services which are completed in
accordance with the terms and conditions of this Agreement, the grant application and the budget
as approved by the Authority. The total sum of monies paid to the Agency for the costs incurred
under this Agreement shall not exceed $13,960. The Agency agrees not to commingle grant
funds with other personal or business accounts.
ARTICLE 5.
Only expenditures which are detailed in the budget narrative of the grant application and
approved by the Authority are eligible for payment with grant funds. The Authority and Agency
understand and agree that funds may not be used to pay for lobbying the Legislature, the judicial
branch or a state agency; to pay for entertainment, food or refreshments; to supplant current
efforts; or to purchase decorative items. The Authority and Agency further agree that travel
expenses paid by grant funds will not exceed state rates pursuant to Section 112.061, F. S.; that
the Agency shall reimburse the Authority for all unauthorized expenditures; and that the Agency
shall not use grant funds for any expenditures made by the Agency prior to the execution of this
Agreement or after the termination date of the Agreement.
If the Agency is a unit of local or state government, the Agency must follow the written
purchasing procedures of the government agency. If the Agency is a non-profit or for -profit
organization, the Agency agrees to obtain a minimum of three (3) written quotes for all grant -
related purchases equal to or in excess of five hundred dollars ($500) unless it can be
documented that the vendor is a sole source supplier. The Authority may approve in writing an
alternative purchasing procedure.
ARTICLE 6. METHOD OF P MA
The Agency may request an advance of up to three months of anticipated expenses, not to
exceed one quarter of the grant total. Subsequent payment shall be based on reimbursement of
monthly expenditures as reported by the Agency. Settlement of an advance payment shall begin
during the last quarter, or when 75% of the budget has been utilized, whichever occurs first. The
Agency must remit to the Authority all interest earned on the advance payment if such advance
payment is deposited into an interest -bearing account.
Reimbursement shall be made monthly based on Agency submission and Authority
approval of the Reimbursement Request Form which constitutes the monthly expenditure report
and the invoice. The Agency shall maintain documentation of all costs represented on the
Reimbursement Request Form. At the Authority's option, the Authority may require that
documentation of expenditures be submitted to the Authority prior to approval of the invoice.
The Authority may withhold payment if services are not satisfactorily completed. Payments for
the last quarter will be adjusted to reflect any advances made. The final invoice is due to the
Authority no later than 45 days after the expiration or termination of the Agreement.
Payment for services shall be issued in accordance with the provisions of Section
215.422, F. S. Pursuant to Section 215.422(5), F. S., the Department of Banking and Finance
has established a Vendor Ombudsman, whose duties and responsibilities are to act as an advocate
for vendors who may have problems obtaining timely payments from state agencies. The
Vendor Ombudsman may be reached at (850) 410-9724, or by calling the State Comptroller's
Hotline, 1-800-848-3792.
In accordance with the provisions of Section 287.0582, F. S., if the terms of this
Agreement and payment thereunder extend beyond the current fiscal year, the Authority's
performance and obligation to pay under this Agreement are contingent upon an annual
appropriation by the Legislature.
ARTICLE 7. PRO 'ERTY
The Agency agrees to be responsible for the proper care, custody and distribution of all
grant property in accordance with Chapters 2-36.009, Florida Administrative Code, and agrees
K
not to sell, transfer, encumber, or otherwise dispose of property acquired with grant funds
without the written permission of the Authority.
ARTICLE S. DOCUMENTATION AND RECORD RETEXIION
The Agency shall maintain books, records, and documents (including electronic storage
media) in accordance with generally accepted accounting procedures and practices which
sufficiently and properly reflect all revenues and expenditures of grant funds.
The Agency shall maintain a file for inspection by the Authority that contains all written
invoices for all fees or other compensation for services or expenses in detail sufficient for a
proper pre -audit and post -audit including the nature of the services performed or expenses
incurred, the identity of the person(s) who performed the services or incurred the expenses, the
amount of time expended in performing the services including the day on which the services
were performed, and, if expenses were incurred, a detailed itemization of such. Documentation
shall be maintained at the office of the Agency for a period of two years from the termination
date of the Agreement, or until the audit has been completed and any findings have been
resolved, whichever is later.
The Agency agrees to allow the Authority access, without notice, to all records and
information necessary to ensure compliance with the terms and conditions of this Agreement.
The Agency shall retain sufficient records demonstrating its compliance with the terms of
this agreement for a period of three years from the date the audit report is issued, and shall allow
the Authority or its designee, access to such records upon request. The Agency shall ensure that
audit working papers are made available to the Authority.or its designee, upon request for a
period of three years from the date the audit report is issued, unless extended in writing by the
Authority.
ARTICLE 9. AIIIM
The administration of funds awarded by the Authority to the Agency may be subject to
audits as described in this section.
This part is applicable if the recipient is a nonstate entity as defined by Section
215.97(2)(1), F. S.
A. In the event that the Agency expends a total amount of State awards (i.e., State
financial assistance provided to the Agency to carry out a State project) equal to or in excess of
$300,000 in any fiscal year of such Agency, the Agency must have a State single or project -
specific audit for such fiscal year in accordance with Section 215.97, F. S.; applicable rules of the
Executive Office of the Governor and the Comptroller, and Chapter 10.650, Rules of the Auditor
General. ARTICLE 4. to this agreement indicates State funds awarded through the Authority by
this agreement. In determining the State awards expended in this fiscal year, the Agency shall
consider all sources of State awards, including State funds received from the Authority except
that State awards received by a nonstate entity for Federal program matching requirements shall
be excluded from consideration.
B. In connection with the audit requirements addressed in this part, the Agency shall
ensure that the audit complies with the requirements of Section 215.97(7), F. S.. This includes
submission of a reporting package as defined by Section 215.97(2)(d), F. S., and Chapter 10.650,
Rules of the Auditor General.
C. If the Agency expends less than $300,000 in State awards in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, F. S., is not required. In the
3
event that the Agency expends less than $300,000 in State awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of Section 215.97, F. S., the cost of
the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid for from
Agency funds obtained from sources other than State entities).
ARTICLE 10. AUDIT REPORT SUBMISSION
A. Copies of reporting packages required by Section 215.97, F. S., shall be submitted by
or on behalf of the Agencydirect] to each of the following:
1. The Office of the Attorney General, Bureau of Citizen Safety Programs and
Criminal Justice Programs, Florida Motor Vehicle Theft Prevention Authority, PL-01, The
Capitol, Tallahassee, Florida 32399-1050.
2. The State of Florida Auditor General, Attention: Ted J. Sauerbeck, Room 574,
Claude Pepper Building, 111 West Madison Street, Tallahassee, Florida 32302-1450.
B. Any reports, management letters, or other information required to be submitted to the
Authority pursuant to this agreement shall be submitted timely in accordance with Florida
Statutes and Chapter 10.650, Rules of the Auditor General, as applicable.
C. Agency, when submitting audit reports to the Office of the Attorney General for
audits done in accordance with Florida Statutes and Chapter 10.650, Rules of the Auditor
General, should indicate the date that the audit report was submitted to the Agency in
correspondence accompanying the audit report.
ARTICLE 11. REPORTS
The Agency agrees to maintain and timely file such progress, fiscal, inventory, and other
reports as the Authority may require pertaining to this grant.
ARTICLE 12. PUBLIC RECORDS
Unless specifically exempted by law, all records made or received by the Agency in
conjunction with this Agreement are public records available for inspection by the public in
accordance with the provisions of Section 119.07, F. S. Refusal of the Agency to allow public
access to such records shall constitute grounds for cancellation of this Agreement.
ARTICLE 13. TERMINATION OF AGREEMENT
The Authority shall have the right to terminate this Agreement for convenience or cause
by giving at least five (5) days written notice of such termination specifying the effective date,
and by sending the notice through registered mail to the Agency. Reasons for cause include, but
are not limited to, the Authority's determination that: the Agency for any reason fails to fulfill
the obligations under this Agreement in a timely manner; the Agency violates any of the
covenants or stipulations of this Agreement; or, the Agency did not meet the terms and
conditions of a current or prior year Agreement.
In the event this Agreement is terminated for convenience or cause, all supplies,
equipment and property purchased with grant funds shall be returned to the Authority. Any
finished or unfinished documents, data, studies, correspondence, reports and other products
prepared by or for the Agency under this Agreement shall be made available to and for the
exclusive use of the Authority. The Agency agrees to return all unexpended funds to the
Authority within 45 days of the effective date of termination or expiration of the Agreement.
Notwithstanding the above, the Agency shall not be relieved of liability to the Authority
C1
for damages sustained by the Authority by virtue of any termination or breach of this Agreement
by the Agency. In the event this Agreement is terminated, the Agency shall be reimbursed for
services provided through the effective date of termination.
ARTICLE 14. AMENDMENIS
The Agency agrees not to make any modifications to this Agreement without receiving
prior written approval of the Authority. Either party may, however, request reasonable changes
to the provisions of, or scope of services to be performed under, this Agreement. Such changes
which are mutually agreed upon by all parties shall be confirmed in writing by the Executive
Director. Such changes which are deemed by the Executive Director to be substantial
modifications to the goals, objectives or budget shall require approval of the Authority, and shall
be incorporated in written amendments to this Agreement.
The Agency may, at one time during the period of the Agreement, transfer up to ten
percent (10%) of an approved budget category to other approved budget categories without prior
written approval of the Authority.
ARTICLE 15. NOMISCRIMINATION
No person, on the grounds of race, creed, color, national origin, age, sex or handicap,
shall be excluded from participation in; be denied proceeds or benefits of; or be otherwise
subjected to discrimination in performance of this Agreement as proscribed by all applicable
state and federal laws and regulations.
ARTICLE 16. ACKNOWL,EDGMF.NT
The Agency agrees to acknowledge the Florida Motor Vehicle Theft Prevention
Authority in all publications and activities that are funded wholly or in part with Authority grant
funds, and in all materials produced or purchased wholly or in part with Authority grant funds.
ARTICLE 17. CONTIHI1ATION OE GRANT
The Agency may annually apply for continuation of the initial Agreement for up to two
additional years. Continuation of the Agreement is subject to the following conditions:
A. A notice of intent to continue the program must be received by the Authority not less
than 120 days prior to the last day of the term of this agreement.
B. The request for continuation is for the same scope of services as set forth in the initial
Agreement.
C. The request for continuation is subject to the availability of funds.
D. The request for continuation is subject to approval by the Authority.
E. Continuation of the program is contingent upon satisfactory performance of the
Agency as evaluated by the Authority.
ARTICLE 18.
This instrument embodies the entire Agreement of the parties. There are no provisions,
terms, conditions, or obligations other than those contained herein. This Agreement supersedes
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all previous communications, representations or agreements on this same subject, verbal or
written, between the parties.
IN WITNESS WHEREOF, the FLORIDA MOTOR VEHICLE THEFT PREVENTION
AUTHORITY and the Agency have executed this Agreement.
e e filler, City Mgr.
City of Tamarac, -Florida
k
J Schreiber, Mayor
'ty of Tamarac, Florida
59-1305992
FID # of AGENCY
FRED 0. DICKINSON
CHAIRMAN
FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY
(DATE)
RICHARD R. NUSS (DATE)
EXECUTIVE DIRECTOR
FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY