R01-190RESOLUTION NO. R 01- IqO
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
A FULL RELEASE OF THE SURETY (LETTER OF
CREDIT SPL35743) FOR HILLS OF LAKE EDEN
SUBDIVISION IN THE AMOUNT OF $19,350; APPROVAL
OF THE SUBDIVISION, ACCEPTANCE OF THE
DEDICATIONS, AND THE MAINTENANCE
RESPONSIBILITIES OF THOSE IMPROVEMENTS
DEDICATED TO THE CITY OF BOYNTON BEACH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the project is complete and the City has received the Engineer of
certifiCation, and Utility Department approval for Hills of Lake Eden Subdivision;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, based
upon the recommendation of staff, hereby approves a full release of the surety for Hills of
Lake Eden, in the amount of $19,350.00, approves the Subdivision, and accepts the
dedications and the maintenance responsibilities of those improvements dedicated to the
city.
Section 2. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this Itl" day of May, 2001.
Vice Mayor
Commissioner
IATTEST:
Commissioner
Commissioner
Requested City Commission
Meeting Dates
[] March 20, 2001
[] April 3,200t
[] April 17, 2001
[] May 1,2001
V-CONSENT AGENDA
CITY OF BOYNTON BEAC ITEM C. 7.
AGENDA ITEM REQUEST
Date Final Form Must be Turned
in to Cit~ Clerk's Office
March 7, 2001 (5:00p.m.)
March 21,2001 (5:00 p.m.)
April 4, 2001 (5:00 p.m.)
April 18, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] May 15, 2001
[] June 5, 2001
[] June 19, 2001
[] July 3, 2001
Date Final Form Must be Turned
in to City Clerk's Office
May 2, 2001 (5:00 p.m.)
May 16, 2001 (5:00 p.m.)
June 6, 2001 (5:00 p.m.)
June 20, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unf'mished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Approve Department of Community Affairs grant award contract.
EXPLANATION: This contract is necessary to receive the DCA Emergency Management Preparedness and
Assistance Grant award for the purchase of an emergency AM radio system. The grant is in the amount of $19,995.00
and will provide 100% funding for the purchase of this radio system. The radio system will provide emergency
notification and information to all citizens and visitors of the city. Critical information such as evacuation notices and
routes, emergency shelter information as well as information concerning food distribution centers will be readily
available to anyone with a AM radio.
PROGRAM IMPACT: Critical emergency information will now be available to greater numbers of citizens and
visitors.
FISCAL IMPACT: None
"~ Department Head's Signature ' Ci~ Manager's Signature
Fire Rescue Department ~/~, ~,t~t/
Department Name ] Ci~ Attome~ Finance / Human Resources
S :~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION R 0l-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
A
PROVIDING
WHEREAS, the City of Boynton Beach was approved for a grant in the mount of
$19,995 for the purchase of an emergency AM radio system to provide emergency
notification and information to all citizens and visitors to the City, such as evacuation notices
and mutes, emergency shelter informatiOn as well as information concerning food
distribution centers; and
WHEREAS, The City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to accept the DCA Emergency Management Preparedness and Assistance
Grant award in the mount of $19,995 Grant and authorizes the Mayor and City Clerk to
;xecute the Grant Agreement;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA,
Section 1: The City Commission of the City of Boynton Beach, Florida hereby
accepts the State of Florida Department of Community A~fairs Emergency Management
Preparedness and Assistance Grant in the amount of $19,995, for the purchase of an
emergency AM radio system. .
Section 2: This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS
__ DAY OF MAY, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
ATTEST:
Commissioner
City Clerk
S:ca/resoGranta/Grant- DCA-AM Radio050701
Commissioner
Memo
To:
From:
CC:
Date:
Re:
Bill Bingham
Fire Chief
Janet M. Prainito
City C~erk
City Manager
04/30/01
Award of Competitive Grant from the Emergency Management
Preparedness and Assistance Trust Fund
Attached is a copy of a letter from the Department of Community Affairs dated Apdl 26~h
notifying us that we have been awarded a competitive grant from the Emergency
Management Preparedness and Assistance Trust Fund. Paragraph 2 of the letter provides
details regarding advance payment requests. A copy of the agreement is also attached.
I believe you would need to review these documents and provide a recommendation for
approval by the City Commission on May 15~. Please note Paragraph 3 with respect to
the deadline for returning these agreements.
Please be advised that the original letter and agreements are in my possession in the City
Clerk's Office.
A[t3chments
j :~stu'dala~cc\wp~meral info~mermsV:hief bingham - dca oarr~etitive grmt - ernerg, mgn~ prepa~e~ess.doc
IEB BUSH
Governor
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY
AFFAIRS
"Dedicated to making Florida a better place to call home
STEVEN M. SEIBERT
Secretary
Mayor Gerald Broening
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
April 26, 2001
Dear Mayor Broening,
The Department of Community Affairs is pleased to forward to you an agreement for you
recently awarded competitive grant funded from the Emergency Management Preparedness and
Assistance Trust Fund. Enclosed are an original and three (3) copies to be executed by the
proper official for an amount not to exceed $19,995
Twenty five (25) percent of the award may be advanced. Please indicate on Attachment
F, Funding/Consideration, section C., 1 or 2, whether or not an advance payment will be
requested. All such requests must be accompanied by a detailed justification as to the need
for advancing the funds. Payment of reimbursable expenditures may be requested thereafter, at
the end of each quarter.
After your review, please have the appropriate official sign and return all four documents
to this Department within thirty (30) days of the date of this letter for fmal execution. A fully
executed copy will be returned for your records.
Congratulations on your award; we look forward to working with you on this program
which was specifically designed to further emergency management capabilities in the State of
Florida. If you have any questions, please contact me (850) 413-9894 or Sonya Odom at
(850) 413-9939.
Sincerely,
Edgar W. Gonesh, Manager
Emergency Management Preparedness
and Assistance Grants Program
EWG/so
Enclosures
'2555 SHUMARD OAK BOULEVARD -TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 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 5humard Oak Boulevaro
Marathon, FL 33050-2227 Tallahassee. FL 323992100 Tallahassee, FL 32399-21OO lallahassee, FL 32399-2100
(305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956
Agreement Number: 01CP-04-10-60-02-202
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 Boynton Beach, (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 fireds 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 $19,995 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.
III.
PERIOD OF AGREEMENT
This Agreement shall begin on the date of the fund offering letter 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
AUgust 15, 2002, may, in the discretion of the Department, not be
Reimbursement requests shall not be submitted by
fac., ' ~sion.
MODIFICATION OF AGREEMENT; RF. PA~ENTS
Eithe3 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
Except as otherwise provided in subparagraph (B) below, the Recipient shall, be
solely responsible to parties with whom it shall deal in carrying out the terms of
this Agreement, and shall save the~Department harmless against all claims of
whatever nature by third parties arising out of the performance of work under this
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Agreement. For purposes of this Agreement, Recipient agrees that it is not an
employee or agent of the Department, but is an independent contractor.
Any Recipient Who is a state agency or subdivision, as defined in Section 768.28,
Flotilla Statutes, ly responsible for its ne igent acts or omissions
or agrees
to
'any
construed as consent
to be
VII.
If
of the following
or more
or withhold the
Department;
deficiency,
work
acceptable by the
2. disallow all or part of the cost of the activity or action not in compliance;
3. suspend or terminate the award;
disallow future participation in the program or funding provided under this
rule chapter;
5. recover all funds provided under the current award.
Costs of the Recipient resulting from obligations incurred by the Recipient during
suspension or after termination of an award are not allowable unless the
Department expressly authorizes them in the notice of suspension or termination,
or subsequently authorizes them in writing. Other Recipient costs during
suspension or after termination which are necessary and not reasonably avoidable
may be allowable if:
the costs result from obligations which were properly incurred by the
Recipient before the effective date of the suspension or termination, are
not in anticipation of the suspension or termination, and, in the case of
termination, are not cancelable, and
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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.
Recipient of terminated grants shall remain obligated to provide all required
closeout information.
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;
If any material adverse change shall occur in the financial condition of the
Recipient at any time during ~he 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 th~ date written notice is sent bY the Department..
If any reports required by ~his Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or
insufficient information;
o
If the Recipient has failed ~o perform and complete in timely fashion any
of the services required undei the Budget and Scope of Work at/ached
hereto as Attachment A.
Upon the happening of an Event o
option, upon written notice to the
timely cure, exercise any one or rn
concurrently or consecutiVely, an~
remedies shall not preclude the De
contained herein or Otherwise pro~
f Default, then the Department may, at its
?,eeipient and upon the Recipient's failure to
ore of the following remedies, either
the pursuit of any one of the following
>a~t~;nent from pursuing any other remedies
.ded 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;
Commence an appropriate legal or equitable action to enforce performance
of this Agreement;
Withhold or Suspend payment of all or any part of a request for payment;
Exercise any
to, requesting
reasons for or
isSuing a ~tten
dis
to include but not be limited
the
may be
to suspend,
in question or
the amount of
Fo
Exercise any other rights or remedies which may be otherwise available
under law;
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.
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.
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.
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 t,
hand delivery, or first class, certified ma
identified below at the address set forth'
original of this Agreement.
The Department designates Edgl
Preparedness and Assistance Pro
the Department's Contract Mana
to this Agreement shall be direct,
this Agreement shall be in writing, either by
[, return receipt requested, to the representative
>elow and said notification attached to the
r Gonesh, Manager, Emergency Management
gram, Division of Emergency Management, as
~r. All communications, written or oral, relating
~d to him at the following address:
Department of Co nmunity Affairs
Division of Emert ~ency Management
2555 Shumard O~ k Boulevard
Tallahassee, Flori~la 32399-2100
!
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:
IX.
C. In the event that different repres,e~tatives are designated by either party after
execution of this Agreement, not{ce of the name, title .,and address of the new
representative will be rendered as provided in Paragraph VIII. A and B above.
OTHER PROVISIONS
The validity of this Agreement is
information, representations, and
Recipient, in this Agreement, in
Department request, or in any su[
of this Agreement, and such infm
incorporatedby reference. The 1~
shall, at the option of the Departn
the Recipient, cause the terminati
Department from all its obligatim
subject to the truth and accuracy of all the
materials submitted'or provided by the
my subsequent submission or response to
~mission or response to fulfill the requirements
mation, representations, and materials are
ck of accuracy thereof or any material changes
tent and with thirty (30) days written notice to
>n of this Agreement and the release of the
ts to the Recipient.
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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
This Agreement shall be construed under the laws of. the State of Florida, and
venue for any .actions Leon County. If
or is
I to
the extent severable, but
shall not
Do
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;
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;
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
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.
Where the Recipient is unable to certify to any of the statements in this certification,
such Recipient shall attach an explanation to this Agreement.
7
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.
More than one copy of this'Agreement may be executed. Any copy with original
signatures may be considered an original.
X. AUDIT REQUIREMENTS
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.
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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.
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.
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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.
Specific instructions relating to the information needed, format and organization,
timelines and/or deadlines, will be provided to the Recipient by the Department following
receipt of further guidance from the Office of the Auditor General. See Attachment G for
further anticipated audit requirements.
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
XIV.
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The Recipient agrees to include in the subcontract that the
hold
arising
the extent allowed
shall
Agreement, to
See Attachment E for any additional terms and conditions pertaining to subcontracts.
TERMS AND CONDITIONS
The Agreement contains ail the terms and conditions agreed upon by the parties.
ATTACHMENTS
A. All attachments to this Agreement are incorporated as if set out fully herein.
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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.
STANDARD CONDITIONS
The Recipient agrees to be bound by the following standard conditions:
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.
If otherwise allowed under this Agreement, extension 'of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months
and shall be subject to the same terms and conditions set forth in the initial
Agreement. There shall be only one extension of the Agreement unless the failure
to meet the criteria set forth in the Agreement for completion of the Agreement is
due to events beyond the control of the Recipient.
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All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
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De
F;
If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with s. 112.061, Florida Statutes.
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.
The State of Florida will not
contractor who knowingly
award publicly-funded contracts to any
a
in 8 U.S.C. Section 1324a(e)
of
in Section 274A(e) of the INA shall be
of this Agreement by the Department.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity not submit a bid on a contract to provide
any goods or services 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 supplier, subcontractor, or consultant
under a contract with and may not transact business with any
public entity in excess ~ for a period of 36 months from the date
of being placed on the convicted vendor list.
STATE LOBB~G 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.
LEGAL AUTHORIZATION
The Recipient certifiks 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
also certifies that the undersigned possesses the authority to legally execute and bind
Recipient to the terms of this Agreement.
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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
or
said
XVIII. COP~GHT~ PATENT mD iTRADEMARK
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,e~sting patent or copyright unless the Agreement provides otherwise.
If any discovery or invention arises or~is developed in the course of or as a result
or in any way connected
herewith: discovery or invention to the Department
protection will be sought in the name of the
State of Florida. connection with
the performance of this Agreement r reserved to the State of Florida. In
accruing'
hereby reserved to t
Any and all copyrights
this ,Agreement are
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Within thirty (30) days of execution of this Agreement, the Recipient shall
disclose ail 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
no such B., have the
right to all ~ ; of the
; license to use
patented purposes.
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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 ~REOF, the'parties hereto have caused this Agreement to be executed
by their undersigned officials as duly a~tthorizedi
RECIPIENT: CITY OF BOYNTON BEACH
BY:
Name and Title:
Date:
Federal Employer I.D.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title: Joseph F. Myers, Director
Date:
Attachment A
SCOPE O1~ WORK
The information and representations contained in the grant application submitted to the
ra
ldget,
for the: ~ and
appropriate ~ in Recipient's
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 radio equipment as listed in the grant application. The purchasing
process shall be in accordance with County, State and if applicable, Federal purchasing
requirements, rules and regulations.
All equipment purchased by grant funding that is capable of emitting radio frequency energy
shall be properly licensed by the Federal Communications Commission and shall be in
compliance and accordance with the communications plans of the Division of Wireless
Technology (formerly the Division of Communications) of the Florida Department of
Management Services.
All wiring, cabling and interfacing of equipment to be purchased, whether purchased under the
grant or existing, will be in compliance with applicable building codes and good engineering
prgctice.
13
Motor vehicles purchased or used in carrying the equipment will be properly authorized and
licensed by the State of Florida and will be operated by personnel having the appropriate
authorization.
Contractors performing work in accordance with the grant application will be properly licensed,
bonded, certified and permitted in accordance with Federal, State, County and/or local
requirement and all work performed will be done in a professional, workmanlike manner.
All electrical and electronic equipment purchased using grant funds will be Underwriters
Laboratory approved.
All communications devices and equipment will be compatible with similar systems operated by
the Palm Beach County Emergency Operations Center and with the State of Florida Emergency
Operations Center.
The Recipient will provide to the Division of Emergency Management the following, prior to or
with the final progress report:
1)
Standard Operating Procedures for the operation of the equipment and services
obtained under the terms of this grant including but not limited to extent of use,
responsible parties and procedures for operating and using the system during
routine and disaster conditions;
2) A training schedule for the operators of the equipment and system.
3)
A list of the equipment purchased, showing installed location, manufacturer and
model and serial numbers.
4) A diagram of the finished system, showing the "as-built" configuration.
5)
A list of all results of tests and acceptance trials of the equipment, a copy of the
syllabus used for the training and the attendance lists by name and title of the
applicant's staff or employees attending the training.
A comprehensive test of the system will be held prior to the submission of the fmal progress
report and request for payment. The test will include exercising the system to its capacity,
testing the procedures and instructions for operation, defining the areas of coverage and the
preparation of a test result, which shall be included in the final progress report.
The Recipient will provide an in-kind match valued at $2,500 or 12.5% of the total project cost.
2.
3.
4.
5.
Attachment B
PROGRAM STA~TES AND REGULATIONS
Chapter 252, Florida Statutes
Rule Chapter 9G-19, Florida Administrative Code
Chapter 287, Florida Statutes
Chapter 119, Florida Statutes
Chapter 60A-l, Florida Administrative Code
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15
Attachment C
Bo
RECORD KEEPING
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 follo~ving exceptions:
If any litigation, claim or audi~ is started before the expiration of the three year
period and extends beyond the three year period, the records will be maintained
~mtil all litigation, claims or audit findings involving the records have been
resolved.
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.
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.
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 hrmted to, auditors retamed by the Department.
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Attachment D ~
Co
Do
Eo
REPORTS
At a minimum, the Recipient shall provide the Department with quarterly
Financial ect Progress
Reports report
formats
Quarterly reports are dUe to be received by the Department no later than
fifteen (1: each quarter and shall, continue to be
~dministrative close-out
report. Th~ each quarter and the report due dates are as
follows:
Quarter Endin~ Date Reports Due
1 Septen~ber 30, 2000 October 15, 2000
2 December 31, 2000 January 15, 2001
3 March 31, 2001 April 15, 2001
4 June 30, 2001 July 15, 2001
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.
Pursuant to nde 9G-19.010(7), the Recipient shall identify the applicable
procurement ruleS, regulations and standards to be uSed in the faust progress report
to the Division following the notice of award.
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 Deparmaent 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.
Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be requested by the Department.
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
Subcontracts entered into by a Recipient in connection with any portion of the
proposed project shall contain all terms of the Recipientts Agreement with the
Department.
Bo
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.
Co
Recipient shall not award subgrants using funds awarded pursuant to this role
chapter.
Recipient' shall Comply with all applicable procurement rules and regulations in
securing goods and services to implement a proposed project, Wherever required
by law or otherwise permitted, Recipient shall utilize competitive procurement
practices.
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18
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
available
federal disaster relief assistance
be:
condition of receiving
not
The Recipient shall establish a separate account code in an interest beating
Do
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.
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 notan advance payment is requested, if an advance
payment is requested enter the amount of the request.
No advance payment is requested; payment will be made solely
on a reimbursement basis.
An advance payment of $ is requested; balance of
payments will be made on a reimbursement basis. (Justification
letter must be provided.)
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 Wo~?k, Attachment A of
this Agreement.
Recipient agrees to perform the project identified in said application utilizing the
funds provided under this Agreement, supplemented by any funds represented in
said 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, ~ ement. The sum total of direct
not exceedi five percent (5%)of the total funds
awarded from the tmsl fund for the project.
Funds:disbursed to the Recipient by the Department that are not expended in
implementing the project shall be returned to the Department, along with interest
earned on the funds, within ninety (90) days of the expiration of the award
Agreement.
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2¸0
Attachment G
ANTICIPATED.AUDIT R~QUIREMENTS
year
audit
and with
C
awards:(i.:e.,. State of Florida
) from all
total in any fiscal
1, Florida Statutes
Governor and the
o
The annual financial audit report shall include all manhgement
letters and the Recipient's response to all findings, including
corrective actions to be taken.
The annual financial audit report shall include a schedule of
fmancial assistance specifically identifying all Agreement and
other revenue by sponsoring agency and Agreement number.
The complete financial audit report, including all items specified in
(A) 1 and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
°
In determining the State funds awarded in its fiscal year, the
Recipient shall consider all sources of State awards, including
State funds received from the Department, except that State awards
21
Do
received by a nonstate entity for Federal program matching
requirements shall be excluded from consideration. The funding
for this ~greement was received by the Department as a Grant and
Aid appropriation.
In Connection with the audit requirements addressed in (A) above,
the Recipient shall :ensure that the audit complies with the
requirements of Section 216.3491(7), Florida Statutes. This
includes submission of a reporting package as defined by Section
216.3491 (2)(d), Florida Statutes, and Chapter 10.600, Rules of the
Auditor General.
If the ReCipient. expends less than $300,000 in State awards in its
fiscal year, an audit conducted in accordance with the provisions of
Section 216.3491, Florida Statutes, is not required. In the event
that the Recipient 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 216.3491, Florida Statutes, the cost
of the audit must be paid from non-State funds (i.e., the cost of
such an audit nmst be paid from recipient funds obtained from
other than State, entities).
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 in accordance with these applicable regulations
and Agreement provisions within thirty (30) days after the Department has
notified the Recipient oflsuch non-compliance.
The Recipient shall retain all financial records, supporting documents, statistical
records, and any other dOcuments pertinent to this contract for a period ofthree
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.
The Recipient shall have all audits completed in accordance with 216.3491, Fla.
Stat. 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.
22
ANTICIPATED FORMAT
STATE FUNDS AWARDED AS MATCHING FUNDS FOR FEDERAL PROGRAMS:
Federal Program 1
(list Federal agency~ Catalog of Federal Domestic Assistance title and number) - $
Federal Program 2
(list Federal agency, Catalog of Federal Domestic Assistance title and number) - $
[Continue Listing if Needed]
TOTAL STATE FUNDS AWARDED FOR FEDERAL MATCH
STATE FUNDS AWARDED PURSUANT TO SECTION 216.3491, FLORIDA
STATUTES:
State Program 1
(list State agency, Catalog of State Financial Assistance title and number) -
State Program 2
(list State agency, Catalog of State Financial Assistance title and number) -
[Cominue Listing if Needed]
TOTAL STATE FUNDS AWARDED PURSUANT TO SECTION 216.3491, FLORIDA
STATUTES $
TOTAL STATE FUNDS AWARDED
23