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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. 1 1 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 61 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