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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 2 Bo 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 3 Eo Co 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. Bo 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. Bo 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. Do 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. Bo 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. Bo 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. Co All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 9 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. l0 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 Co 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. 11 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 (The bottom portion of this page intentionally left blank.) 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. (The bottom portion of this page intentionally left blank.) 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. (The bottom portion of this page intentionally left blank.) 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. (The bottom portion of this page intentionally left blank.) 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