R10-106
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1 RESOLUTION NO. R to-to'"
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3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A
5 FEDERAL FISCAL YEAR 2009 STATE HOMELAND
6 SECURITY GRANT IN THE AMOUNT OF $9,000.00;
7 AUTHORIZING THE CITY MANAGER TO EXECUTE SUB-
8 RECIPIENT FUNDING AGREEMENT; AND PROVIDING
9 AN EFFECTIVE DATE.
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12 WHEREAS, this federally funded Homeland Security Grant is awarded by the State of
13 Florida, Department of Financial Services to provide funds for sustainment training of the
14 Florida Urban Search and Rescue Type II Light Technical Rescue Teams; and
15 WHEREAS, the Boynton Beach Fire Rescue FLUSAR Team #746 has been a part of
16 this program since 2004; and
17 WHEREAS, acceptance of this grant will provide funds for the training of team
18 members, both current and future, in the area of technical rescue; and
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
22 ratified and confirmed by the City Commission.
23 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
24 and directs the City Manager to accept and execute the 2009-2010 State Homeland Security
25 Grant Program Sub-recipient Agreement for Expenditure of Local Government Unit Funding
26 for Florida for sustainment training of the Florida Urban Search and Rescue Type II Light
27 Technical Rescue Team #746; a copy of which is attached hereto as Exhibit "A".
28 Section 3. This Resolution shall become effective immediately upon passage.
s \CA\RESO\AgreementSlReso - Homeland Security- FLUSAR Team doc
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2 PASSED AND ADOPTED this ~ day of August, 2010.
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4 CITY OF BOYNTON BEACH, FLORIDA
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16 Commis oner - William Orlove
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20 Commissioner - Woodrow L..
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25 ATTEST:
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S.\CA\RESO\AgreementSlReso - Homeland Security- FLUSAR Team doc
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2009-2010 STATE HOMELAND SECURITY GRANT PROGRAM
SUBRECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL
GOVERNMENT UNIT FUNDING FOR FLORIDA
THIS AGREEMENT ("Agreement") is entered into by and between the State of Florida,
Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0300
(hereinafter referred to as "Department"), and City of Boynton Beach Fire Rescue, a unit of local
government (hereinafter referred to as "Subrecipient"), effective as of the date last signed below.
WITNESSETH THAT:
WHEREAS, Department is a subgrantee of the Homeland Security Grant through the
Division of Emergency Management (hereinafter "State Administrative Agency" or "SAA");
WHEREAS, Department has the authority to further pass these funds through to
Subrecipient;
WHEREAS, Subrecipient is fully qualified and eligible to receive these grant funds to
provide the services identified herein, and
WHEREAS, Department has authority to disburse the funds under this Agreement,
NOW THEREFORE, in consideration of the services to be performed and payments to be
made, together with the mutual covenants and conditions hereinafter set forth, the parties agree as
follows:
(1) Federally-Funded Subgrant Agreement. The funds for this Agreement are provided
through a Subgrant Agreement between Department and SAA; Grant Number: 01 0-DS-39-13-00-
16-414. The Subgrant Agreement and all referenced documents and forms can be accessed through
Department's website at http://www.fldfs.com/sfm/sfm domestic security.htm (hereinafter
referred to as the "SFM website"). Subrecipient agrees to be bound by all of the provisions of the
Subgrant Agreement referenced in this paragraph. Attachment A, including all of its subparts, is
incorporated herein by reference.
(2) Services and Deliverables. Subrecipient agrees to render the following services or
other units of deliverables as directed by Department:
(a) Performance in accordance with "Scope of Work" found at Attachment A and the
SFM website;
(b) Readiness and response to activation orders for deployment by the State Emergency
Operations Center, State Fire Marshal or Regional Domestic Security Task Force;
(c) Purchase equipment specifically identified and approved by the Florida Domestic
Security Equipment Committee and identified in projects listed in Attachment A 1. Exceptions to
the approved equipment list must be approved in writing by the Equipment Committee prior to
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purchase. Requests for exceptions should be sent to Department's grant manager listed below.
Equipment having a value of $1 ,000 or more must have an asset identification number provided by
Subrecipient indicating the equipment was purchased with State Homeland Security Grant Program
(SHSGP) funds;
(d) Maintain equipment purchased. Only equipment purchased with DHS grants funds may
be sustained with these grant funds, as appropriate;
(e) Assure all training conforms to current FEMA/DHS training guidelines.
(f) In the event the Subrecipient requests the Department to make a purchase(s) related to
this Agreement on their behalf, a Memorandum of Understanding (MOU) shall be executed
between the Department and the Subrecipient, requesting the Department to make such purchases
on behalf of the local agency. If approved, the Department will make the purchase and submit the
requisite documentation for reimbursement from the Subrecipient's allocated funds. Nothing herein
shall require the Department to make the purchase on behalf of the local Subrecipient.
(3) Delivery Schedule. The services or other units of deliverables specified in paragraph
(2) above shall be delivered or otherwise rendered on behalf of Department in accordance with the
following schedule:
(a) Readiness shall be on a continuous basis;
(b) Upon notification by the State Emergency Operations Center, State Fire Marshal, or
Regional Domestic Security Task Force, Subrecipient shall respond to any and all incidents either
within its regional response area, or as designated within the State Emergency Response Plan, with
all eligible equipment, and any and all other resources which it possesses, for so long as this
Agreement remains in effect, or as may be agreed upon under the Florida Domestic Security
Strategy Plan. It is understood by both parties that local emergencies and equipment operability will
dictate the availability of Subrecipient to respond;
(c) For Type IIIWMD Hazardous Materials Teams, compliance with requirements of a
Type II/Weapons of Mass Destruction Capable Hazardous Materials Resource, as defined by the
Florida Domestic Security Strategy Plan and the Florida Association of Hazardous Materials
Responders (FLAHR) typing document, shall be on a continuous basis;
(d) For USAR Task Forces, in compliance with requirements of a Type I, II or III USAR
Task Force as defined by the Florida Domestic Security Strategy Plan and the Florida Association
of Search and Rescue (F ASAR) typing document, shall be on a continuous basis;
(e) For MARC Units, compliance with requirements for deployment shall be according
to the State Emergency Response Plan. MARC unit Subrecipient must complete an annual
inventory on the appropriate forms as part of this Agreement;
(f) Subrecipient shall comply with the Florida Fire Chiefs Association Code of Ethics at
all times.
(4) Funding/Consideration.
(a) This is a cost-reimbursement Agreement. Subrecipient shall be reimbursed for
costs incurred during the performance period in the satisfactory performance of work hereunder
in an amount not to exceed the amount set forth in Attachment A and subparagraph (b) of this
paragraph, subject to the availability of funds. 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 Chief
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Financial Officer, the State Office of Planning and Budgeting, or the Federal Office of
Management and Budgeting, all obligations on the part of Department to make any further
payment of funds hereunder shall terminate, and Subrecipient shall submit its closeout report
within thirty (30) days of receipt of notice from Department.
(b) Subject to the terms and conditions established by this Agreement and the billing
procedures established by Department, the Department agrees to reimburse Subrecipient a
maximum of the amount set forth in Attachment A for services rendered and items purchased in
accordance with Attachment A. If additional money becomes available through the grant process,
this amount may be increased or decreased, by modification as set forth in paragraph (6) below.
(c) Every request for reimbursement shall be submitted on a Reimbursement Request
Form and a Detail of Claims Form available on the SFM website. The forms must be accompanied
by the documentation referenced in Attachment A2. The forms and the accompanying
documentation shall be submitted within thirty (30) days following Subrecipient's expenditure of
funds. In no event shall the forms and accompanying documentation be received by Department
later than March 31, 2012.
(d) All equipment purchases must be in accordance with the equipment list (see SFM
website) stipulated by the Florida Domestic Security Equipment Committee, unless specifically
approved in writing by the Domestic Security Equipment Committee prior to purchase.
Documentation of the approval must be submitted along with the request for reimbursement.
(e) If no request for reimbursement is submitted for two consecutive quarters after
execution ofthis Agreement, Department reserves the right to reallocate the balance of unexpended
funds to another local or state entity by modification of this Agreement in accordance with
paragraph (6) below, and in accordance with grant rules.
(f) Taxes. Department is exempted from payment of Florida state sales and use taxes
and Federal Excise Tax. Unless personally or corporately exempt by law, Subrecipient shall not be
exempted from paying Florida state sales and use taxes to the appropriate governmental agencies or
for payment by Subrecipient to suppliers for taxes on materials used to fulfill its obligations with
Department. Subrecipient shall not use Department's exemption number in securing such materials.
Subrecipient shall be responsible and liable for the payment of all its FICA/Social Security and
other taxes resulting from this Agreement.
(g) Travel. Any expense incurred by Subrecipient for travel must be authorized by
Department in advance. Travel expenses will be submitted and reimbursed to Subrecipient at a rate
not to exceed that which is payable to state employees for travel and per diem as prescribed by
Section 112.061, Florida Statutes. All other expenses, including expenses for the gathering and
presentation of exhibits, must be authorized by Department in advance.
(h) Payment Processing. All charges for services rendered or for reimbursement of
expenses authorized by Department in accordance with this Agreement shall be submitted to
Department in sufficient detail for a proper pre-audit and post-audit to be performed. All payments
for professional services and authorized expenses, including travel expenses, will be paid to the
Subrecipient only upon the timely and satisfactory completion of services and other units of
deliverable such as reports, findings and drafts, which are required by this Agreement and upon the
written acceptance of said services and units of deliverables such as reports, findings and drafts by
Department's designated grant manager. Interim payments may be made by Department at its
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discretion under extenuating circumstances if the completion of services and other units of
deliverables to date, has first been accepted in writing by Department's grant manager.
(5) Funding Period. This Agreement begins on the date of the last signature below
and ends April 30,2012. In the event the ending date is extended by the SSA, the ending date of
this Agreement will be extended automatically upon written notice to the Subrecipient by the
Department and become the new ending date of this Agreement without further amendment.
(6) Agreement Modification. Either party may request modification of the provisions of
this Agreement. Except as provided in paragraph (5) above, 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.
(7) Subagreements. If Subrecipient subcontracts any or all of the work required under
this Agreement, a copy of the unsigned subcontract must be forwarded to Department for review
and approval prior to execution of the subcontract by Subrecipient. Subrecipient agrees to
include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii)
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the
subcontractor shall hold Subrecipient, Department, and SAA harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law. Each subcontractor's progress in performing its work
under this Agreement shall be documented in a quarterly report submitted by Subrecipient.
For each subcontract, Subrecipient shall provide a written statement to Department as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes.
(8) Recordkeeping
(a) As applicable, Subrecipient's performance under this Agreement shall be subject
to the federal "Common Rule: Uniform Administrative Requirements for State and Local
Govemments" (53 Federal Register 8034) or OMB Circular No. A-II0, "Grants and Agreements
with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, II and either
OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No.
A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost
Principles for Nonprofit Organizations. II If this Agreement is made with a commercial (for-
profit) organization on a cost-reimbursement basis, Subrecipient shall be subject to Federal
Acquisition Regulations 31.2 and 931.2.
(b) Subrecipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from
funds provided under this Agreement, for a period of five years from the date the audit report is
issued, and shall allow Department or its designee, Chief Financial Officer, and Auditor General
access to such records upon request. The Subrecipient shall ensure that audit working papers are
made available to Department's designee, Chief Financial Officer, and Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in
writing by Department with the following exceptions:
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1. If any litigation, claim or audit is started before the expiration ofthe five year period
and extends beyond the five year period, the records will be maintained until all litigation, claims
or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $1,000 or
more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years after the
closing on the transfer of title.
(c) Subrecipient shall maintain all records for Subrecipient and for all subcontractors
or consultants to be paid from funds provided under this Agreement, including supporting
documentation of all program costs, in a form sufficient to determine compliance with the
requirements and objectives of the Budget and Scope of Work - Attachments Al and A2 - and all
other applicable laws and regulations.
(d) Subrecipient, 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 Department, its employees, and agents. The term "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. The term "agents" shall
include, but not be limited to, auditors retained by Department.
(9) Audit Requirements.
(a) Subrecipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by Department. The term
"reasonable II shall be construed according to circumstances, but ordinarily shall mean normal
business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) Subrecipient shall also provide Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
(d) If Subrecipient is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised, and in the event that Subrecipient expends $500,000
or more in Federal awards in its fiscal year, Subrecipient must have a single or program-specific
audit conducted in accordance with the provisions ofOMB Circular A-133, as revised.
Attachment A to this Agreement indicates federal resources awarded through Department by this
Agreement. In determining the federal awards expended in its fiscal year, Subrecipient shall
consider all sources of federal awards. The determination of amounts of federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An
audit of Subrecipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection
with the audit requirements addressed in subparagraph (d) above, Subrecipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-
133, as revised. If Subrecipient expends less than $500,000 in federal awards in its fiscal year, an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not
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required. In the event that Subrecipient expends less than $500,000 in federal awards in its fiscal
year and elects to have an audit conducted in accordance with the provisions of OMB Circular
A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of
such audit must be paid from Subrecipient resources obtained from other than federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when
required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the
Subrecipient directly to Department's grant manager listed below, and each of the following:
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
. and
Division of Emergency Management
Finance and Administration
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse
by submission online at
http://harvester.census. QOV Ifac/collectlddeindex. htm I
and other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, Subrecipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as
revised, and any management letter issued by the auditor, to Department's grant manager listed
below.
(g) Any reports, management letter, or other information required to be submitted to
Department pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
(h) Subrecipient, when submitting financial reporting packages to Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date that the reporting package was delivered to Subrecipient in correspondence
accompanying the reporting package.
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(i) 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,
Subrecipient shall be held liable for reimbursement to Department of all funds not spent in
accordance with these applicable regulations and Agreement provisions within thirty (30) days
after Department or the SAA has notified Subrecipient of such non-compliance.
G) Subrecipient shall have all audits completed by an independent certified public
accountant (IP A) who shall either be a certified public accountant or a public accountant licensed
under Chapter 473, Florida Statutes. The IP A shall state that the audit complied with the
applicable provisions noted above. The audit must be submitted to Department no later than nine
(9) months from the end of Subrecipient' s fiscal year.
(10) Reports.
(a) Reports shall be in accordance with Attachment AI, part III.
(b) If additional reporting is required, Department will notify Subrecipient
electronically at least thirty (30) days prior to the time the reporting is required.
(c) Reports and documentation related to all exercises and evaluations, (if an
allowable expense) including any USAR MOBEX drills, must be provided to Department within
thirty (30) days of completion of the exercise.
(d) If all required reports and copies, prescribed above, are not sent to Department or
are not completed in a manner acceptable to Department, Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (14 ),
"Remedies." The phrase, "acceptable to Department" means that the work product was
completed in accordance with Attachment A, and its subparts.
(e) Subrecipient shall provide such additional program updates, reports and
information as may be required by Department.
(11) Monitoring. Monitoring shall be in accordance with Attachment AI, subpart
III.E., and in addition, Subrecipient shall monitor its performance under this Agreement, as well
as that of its subcontractors, Subrecipient's and consultants who are paid from funds provided
under this Agreement, to ensure that time schedules are met, Attachment A 1 is complied with,
and other performance goals stated in this Agreement are achieved. Such review shall be made
for each function or activity set forth in Attachment AI, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised, and Section 215.97, Florida Statutes, (see paragraph (9) Audit Requirements, above),
monitoring procedures may include, but not be limited to, on-site visits by Department staff,
limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, Subrecipient agrees to comply and cooperate with all monitoring
procedures/processes deemed appropriate by Department. In the event that Department
determines that a limited scope audit of Subrecipient is appropriate, Subrecipient agrees to
comply with any additional instructions provided by Department to Subrecipient regarding such
audit. Subrecipient further agrees to comply and cooperate with any inspections, reviews,
investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. In
addition, Department will monitor the performance of, and financial management by,
Subrecipient throughout the Agreement term to ensure timely completion of all tasks.
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(12) Liability.
(a) Unless Subrecipient is a State agency or subdivision, as defined in Section 768.28,
Florida Statutes, Subrecipient shall be solely responsible to parties with whom it shall deal in
carrying out the terms of this Agreement, and shall hold Department and SAA harmless against all
claims of whatever nature by third parties arising out of the performance of work under this
Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent
of Department or the SAA, but is an independent Subrecipient.
(b) If Subrecipient is a state agency or subdivision, as defined in Section 768.28, Florida
Statutes, Subrecipient agrees to be fully responsible to the extent provided by Section 768.28,
Florida Statutes, for its negligent acts or omissions or tortuous acts which result in claims or suits
against Department or SAA, and agrees to be liable for any damages proximately caused by said
acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by
Department or any Subrecipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract or Agreement.
(13) Default. If any of the following events occur ("Events of Default"), all
obligations on the part of Department to make any further payment of funds hereunder shall, if
Department so elects, terminate and Department may, at its option, exercise any of its remedies
set forth in paragraph fourteen (14), but 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:
(a) If any warranty or representation made by Subrecipient in this Agreement or any
previous Agreement with Department shall at any time be false or misleading in any respect, or
if Subrecipient shall fail to keep, observe or perform any of the obligations, terms or covenants
contained in this Agreement or any previous agreement with Department and has not cured such
in timely fashion, or is unable or unwilling to meet its obligations there under;
(b) If any material adverse change shall occur in the financial condition of
Subrecipient at any time during the term of this Agreement, and Subrecipient fails to cure said
material adverse change within 30 days from the time the date written notice is sent by
Department;
(c) If any reports required by this Agreement have not been submitted to Department
or have been submitted with incorrect, incomplete or insufficient information, or
(d) If Subrecipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(14) Remedies. Upon the happening of an Event of Default, then Department may, at
its option, upon thirty (30) calendar day's prior written notice to Subrecipient and upon the
Subrecipient's failure to cure within said thirty (30) day period, exercise anyone or more ofthe
following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that Subrecipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when placed in the
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United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt
requested, to the address set forth in paragraph (16) herein;
(b) Commence an appropriate legal or equitable action to enforce performance ofthis
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. Requesting additional information from Subrecipient to determine the reasons for
or the extent of non-compliance or lack of performance;
2. Issuing a written warning to advise that more serious measures may be taken if
the situation is not corrected;
3. Advising Subrecipient to suspend, discontinue or refrain from incurring costs for
any activities in question;
4. Requiring Subrecipient to reimburse Department for the amount of costs incurred
for any items determined to be ineligible;
(e) Require that Subrecipient return to Department any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds
under this program;
(f) Require that Subrecipient return to Department any property or equipment
purchased with grant funds, or received after having been purchased with grants funds, that has
not been properly disposed of in accordance with Subrecipient's property disposal policy, and
(g) Exercise any other rights or remedies which may be otherwise available under
law.
(h) The pursuit of anyone of the above remedies shall not preclude Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No
waiver by Department of any right or remedy granted hereunder or failure to insist on strict
performance by Subrecipient shall affect or extend or act as a waiver of any other right or
remedy of Department hereunder, or affect the subsequent exercise of the same right or remedy
by Department for any further or subsequent default by Subrecipient.
(15) Termination.
(a) Department may terminate this Agreement for cause upon thirty (30) days written
notice. 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
Subrecipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Florida Statutes, as amended.
(b) Department may terminate this Agreement for convenience or when it determines,
in its sole discretion, that the continuation of the Agreement would not produce beneficial results
commensurate with the further expenditure of funds, by providing Subrecipient with thirty (30)
calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
as evidenced by written amendment of this Agreement. The amendment shall establish the
effective date of the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, Subrecipient will not incur new
obligations for the terminated portion of the Agreement after Subrecipient has received the
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notification of termination. Subrecipient will cancel as many outstanding obligations as possible.
Costs incurred after the date of receipt of notice of the termination will be disallowed.
Notwithstanding the above, Subrecipient shall not be relieved of liability to Department by virtue
of any breach of Agreement by Subrecipient. Department may, to the extent authorized by law,
withhold any payments to Subrecipient for purpose of set-off until such time as the exact amount
of damages due Department from Subrecipient is determined.
(16) Notice and Grant Administration.
(a) Department's grant manager is John P. Kohnke, located at 325 John Knox Road,
Atrium Bldg., Tallahassee, Florida 32303.
(b) Subrecipient's grant manager is listed on the signature page ofthis agreement.
(c) All written and verbal approvals referenced in this Agreement must be obtained
from the parties' grant managers or designees. Notices required to be in writing must be delivered
or sent to the intended recipient by hand delivery, certified mail or receipted courier, electronic or
facsimile transmission, and shall be deemed received on the date received or the date of the
certification of receipt.
(d) In the event that different grant managers are designated by either party after
execution ofthis Agreement, notice of the name, title and address of the new representative will be
tendered as provided in subparagraph (c) above.
(17) Complete Agreement. This Agreement and its Attachments incorporated herein
by reference, contain all the terms and conditions agreed upon by the parties.
(18) Attachments are as follows:
(a) Attachment A Proposed Program Budget and Budget Detail Worksheet, and its
subparts, consisting of:
A I - Scope of Work;
A2 - Program Statutes and Regulations;
A3 - Warranties and Representations;
A4 - Certification Regarding Debarment, Suspension, Ineligibility, and
A5 - Statement of Assurances.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but
only to the extent of such conflict or inconsistency.
(19) Repayments. All refunds or repayments to be made to Department under this
Agreement are to be made payable to the order of "Department of Financial Services," and
mailed directly to Department at the following address:
Department of Financial Services
Accounts Receivable
200 Gaines Street
Tallahassee, Florida 32399-0333
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In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to
Department for collection, Subrecipient shall pay to Department an additional service fee of
Fifteen Dollars ($15.00) or Five Percent (5%) ofthe face amount of the returned check or draft,
whichever is greater.
(20) Property and Equipment Purchased with Grant Funds. Property and equipment
purchased with grant funds, or received after being purchased with grant funds, must be
identified as such on the property and equipment so that such property and equipment can be
identified for monitoring and site visit purposes. When the property and equipment no longer
has a useful life, it shall be disposed ofthrough Subrecipient's property disposal policy, and
documentation provided to the Department. If for any reason, including dissolution,
Subrecipient elects to discontinue its participation in this Agreement, all property and equipment
purchased with grant funds, or received after being purchased with grant funds, not previously
disposed of in accordance with Subrecipient's property disposal policy, must be returned to
Department.
(21) Standard Conditions.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by Subrecipient in this
Agreement, in any subsequent submission or response to Department request, or in any
submission or response to fulfill the requirements of this Agreement, and such information,
representations, and materials are incorporated by reference. The lack of accuracy thereof or any
material changes shall, at the option of Department and with thirty (30) days written notice to
Subrecipient, cause the termination ofthis Agreement and the release of Department from all its
obligations to Subrecipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in the Circuit Court of Leon County.
If any provision hereof is in conflict with any applicable statute or rule, or is otherwise
unenforceable, then such provision shall be deemed null and void to the extent of such conflict,
and shall be deemed severable, but shall not invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to Department under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original. Facsimile and electronic signatures may be taken as originals.
(e) Subrecipient 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.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on
a contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as
11
a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may
not transact business with any public entity in excess of Category Two for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) With respect to any Subrecipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this
Agreement, Subrecipient certifies, to the best of its knowledge and belief, that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. Have not, within a five-year period preceding this proposal, been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state or local)
transaction or contract under public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery; bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in
subparagraph (g)2., of this certification, and
4. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where Subrecipient is unable to certify to any of the statements in this certification, such
Subrecipient shall attach an explanation to this Agreement. In addition, Subrecipient shall
submit to Department (by email or by facsimile transmission) the completed "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (within Attachment
A) for each prospective subcontractor which Subrecipient intends to fund under this Agreement.
Such form must be received by Department prior to Subrecipient entering into a contract with
any prospective subcontractor.
(h) Department reserves the right to unilaterally cancel this Agreement for refusal by
Subrecipient 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 Subrecipient in
conjunction with this Agreement.
(i) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")]. Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by
Subrecipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by Department.
U) Subrecipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Florida Statutes) with respect to the meetings of the Subrecipient's governing board or
the meetings of any subcommittee making recommendations to the governing board. All such
meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall
be public records, available to the public in accordance with Chapter 119, Florida Statutes.
12
(k) Unless inconsistent with the public interest or unreasonable in cost, all
unmanufactured and manufactured articles, materials and supplies which are acquired for public
use under this Agreement must have been produced in the United States as required under 41
U.S.C. lOa.
(1) Both Subrecipient and Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment A,
including its subparts.
(m) Subrecipient shall assure compliance itself and by its subcontractors or
subrecipients, with CFO Memorandum No.4 (2005-06), effective June 30, 2006; including but
not limited to the following provisions:
1. Those subject to this Agreement may charge only allowable costs resulting from
obligations incurred during the term of the Agreement.
2. Any balances of unobligated cash that have been advanced or paid that is not
authorized to be retained for direct program costs in a subsequent period must be refunded to the
State.
3. Agreements with vendors must be procured in a manner that ensures a
fair and reasonable price to the State and in compliance with applicable rules and
regulations, including, but not limited to Sections 287.057 and 216.3475, Florida
Statutes.
A copy of the Memorandum can be accessed on the SFM website.
(22) Lobbying Prohibition.
(a) No funds or other resources received from Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action
by the federal government, the Florida Legislature, or any state agency.
(b) The Subrecipient certifies, by its signature to this Agreement, that to the best of
his or her knowledge and belief:
1. No federal or state appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence a federal,
state, or local official, or employee thereof, in connection with the awarding of any federal
contract, the making of any Subrecipient grant or contract, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any federal contract, grant, loan or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence a federal, state, or local official, or
employee thereof, in connection with this federal contract, grant, loan or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients and
subcontractors shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was made or entered
13
into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(23) Copyright, Patent and Trademark.
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION
WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY
THE SUBRECIPIENT TO THE STATE OF FLORIDA.
(a) If Subrecipient brings to the performance of this Agreement a pre-existing patent
or copyright, Subrecipient shall retain all rights and entitlements to that pre-existing patent or
copyright unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result
of work or services performed under this Agreement, or in any way connected herewith,
Subrecipient shall refer the discovery or invention to Department for a determination whether
patent protection will be sought in the name of the State of Florida. Any and all patent rights
accruing under or in connection with the performance of this Agreement are hereby reserved to
the State of Florida. In the event that any books, manuals, films, or other copyrightable material
are produced, Subrecipient shall notify Department. Any and all copyrights accruing under or in
connection with the performance under this Agreement are hereby transferred by Subrecipient to
the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, Subrecipient shall
disclose all intellectual properties relevant to the performance of this Agreement which he or she
knows or should know could give rise to a patent or copyright. Subrecipient shall retain all
rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to
disclose will indicate that no such property exists. Department shall then, under paragraph (b),
have the right to all patents and copyrights which accrue during performance of the Agreement.
(24) Assurances. Subrecipient shall comply with all Statements of Assurance
incorporated in Attachment A5.
(25) Legal Authorization. Subrecipient certifies with respect to this Agreement that it
possesses the legal authority to receive the funds to be provided under this Agreement and that, if
applicable, its governing body has authorized, by resolution or otherwise, the execution and
acceptance of this Agreement with all covenants and assurances contained herein. Subrecipient
also certifies that the undersigned possesses the authority to legally execute and bind
Subrecipient to the terms of this Agreement.
14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their undersigned officials.
SUBRECIPIENT DEPARTMENT OF
FINANCIAL SERVICES
hURT BRESSNER Lo,JfJbAl
C\1Y MANAGER By $~/A~
J:~~
By Title PC ~
( Title C''J ~-rr
~S' Signatu~
Ignature
Date signed ~ /1 6//(j Date signed ~)a
FEID Number :)/-6000 J..%)--
Subrecipient Grant Manager
Name: JANeT 11. r/!/f//1JITb
Address I~ e. /3t;YrvToJ4l B€IIC./.{ J3L1{j). &YN71WiJ~~..R. APf>R
Email address ff"jll,'-k~b6{:l.u.s 1?J..f'lS
Telephone Number 5'" -7Llz-~(j '"
15
Attachment A
Budget and Scope of Work
Proposed Program Budget
.. Below is a general budget which outlines eligible categories and their allocation under this award. The Subrecipient is to
utilize the approved FY2009 Domestic Security Project Templates for each respective Issue as the guide for eligible
reimbursement.
.... All equipment approved for purchase in accordance with FY2009 Domestic Security Project Templates must be on the FY
2009 Authorized Equipment List (AEL) and include that reference number on all reimbursement requests. The AEL can be
found at https://www.rkb.us.
..... The transfer offunds between the categories listed in the "Proposed Program Budget" is strictly prohibited.
+. The approved FY2009 Domestic Security Project Templates do not provide for the use of Management and
Administration costs by the Subrecipient.
Planning $ 0.00
State Homeland Security Grant City of Boynton Beach Fire
Program - Issue 10 Rescue
Training
Issue 10 - Sustainment of Training for $9,000
L TRT, USAR & Hazmat
Exercise $ 0.00
Equipment $0.00
Total $9,000
16
Budget Detail Worksheet
The following approved FY2009 Domestic Security Project Templates, as assigned for each Issue, provide a completed budget
detail worksheet for the Subrecipient, which accounts for the total award.
The Subrecipient may not independently alter or amend the intent of approved FY2009 Domestic Security Project approved line
items for funding of the respective Issues without the prior approval the Department through the grant manager. Changes need to
be requested after the execution of this Agreement, contact the grant manager listed in this Agreement via email or letter.
Subrecipient: City of Boynton Beach Fire Rescue
Issue 10 - Sustainment of Training for L TRT, USAR & HazMat
Recipient Agency Item Description Category Quantity Unit Cost Total Cost
City of Boynton FR Specialized Training of
LTRT-746 approved G& T Courses Trainina 1 $9,000 $9,000
17
ATTACHMENT A1
Scope of Work
Funding is provided to perform eligible activities as identified in the Domestic Homeland Security -Federal Emergency Management
Agency National Preparedness Directorate Fiscal Year 2009 State Homeland Security Grant Program (SHSGP), consistent with the
Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below:
I. Categories and Other Eligible Activities
A. Equipment Acquisition
FY 2009 SHSP funds may be used for equipment acquisition in accordance with the approved funding identified in the
FY2009 Domestic Security Project Templates, as assigned for each equipment category Issues. from the 21 equipment
categories listed in the FY 2009 Grants & Training (G&T) Authorized Equipment List (AEL). The FY 2009 AEL is available in
its entirety online through the Responders Knowledge Base (RKB) at https:l/www.rkb.us. The equipment Issues are outlined
below.
Specific Issues as described below are included in this Category
Issue 08 - USAR and HazMat Sustainment
This project funds the sustainment effort of the 7 USAR Task Forces and 29 Regional HazMat Teams. Sustainment is identified as
the replacement of like items, from approved equipment caches, which were previously purchased with similar grant funding. The
FY2009 Domestic Security Project Templates further identify items approved for sustainment from the following lists:
Issue 18 - MARC Unit Sustainment and Maintenance
This project funds the procurement of equipment items necessary to keep Mutual Aid Radio Cache units in an operational
state. Only items found on the approved project funding templates (as identified in Attachment A) are eligible for purchase in
accordance with this Issue.
B. Training
Funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel
through development of a State homeland security training program. Allowable training-related costs include: Funds used
to develop, deliver, and evaluate training, including costs related to administering the training, planning, scheduling,
facilities, materials and supplies, reproduction of materials, and equipment.
Specific Issues as described below are included in this Category
Issue 10 -L TRT, USAR and HazMat Sustainment Training
This project funds specialized response teams to train members in approved training programs. The funding will allow the
Type II WMD Regional HazMat Teams and USAR Task Forces, & L TRT to complete critical operational proficiency training.
Authorized training includes the following:
. Overtime and Backfill costs, as defined in this guidance, associated with attending or teaching FEMA-
sponsored and/or approved training courses and programs are allowed. These costs are allowed only to the
extent the payment for such services is in accordance with the policies of the State or unit(s) of local
government and has the approval of the State or the awarding agency, whichever is applicable. In no case is
dual compensation allowable. That is, an employee of a unit of government may not receive compensation
from both their unit or agency of government AND from an award for a single period of time (e.g., 1 :00 pm to
5:00 pm), even though such work may benefit both activities. Further, overtime costs associated with
employees who participate in training in a teaching role for which they are compensated are not allowed.
Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers'
Compensation and Unemployment Compensation.
. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on
travel status for official business related to approved training.
. Certification/Recertification of Instructors is an allowable cost. States are encouraged to follow the
FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding
18
levels of evaluation of student learning. This is particularly important for those courses that involve training of
trainers.
Allowable training topics include CBRNE terrorism, and NIMS related training.
C. Unauthorized Expenditure
. Activities unrelated to the completion and implementation of the SHSGP
. Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs
. Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency
responders, and may not be used to hire staff for operational activities or backfill
Note: All FY 2009 Homeland Security Grant Program Grant Guidance can be found at
http://W'N'N.oip.usdoi.aov/odp/arants hsap. htm
II. Documentation Required for Department to Make Expenditures on Behalf of the Subrecipient
The Department may retain some or all of the Subrecipient's allocation of grant funds for expenditures made by the
Department on behalf of the Subrecipient only if requested in writing by the Subrecipient. In the event the Subrecipient
requests the Department to make purchase(s) related to this Agreement on its behalf, a request in writing on local entity
letterhead shall be submitted to the Department. If approved, the Department will make the purchase and submit the requisite
documentation for reimbursement from the Sub recipient' allocated funds. Nothing herein shall require the Department to make
the purchase on behalf of the local Subrecipient
III. Reporting Requirements
A. Benchmarks
. All funds shall be obligated within the first 6 months of the date of execution of the Agreement by both
parties, no later than May 31, 2010.
. No less than 50% of the funds shall be spent within the first 12 months from the date of execution of the
Agreement, no later than November 30, 2009.
. 100% of the funds shall be spent within 18 months from the execution of the Agreement, no later than May
31,2012.
. Any unobligated funds will be de-obligated at the end of this period and are subject to reallocation to other
prioritized projects.
. Extensions to the period of performance will be considered only through formal requests to the Department
with specific and compelling justifications why an extension is required. All requests for extensions are
subject to review and will not automatically be granted.
B. Quarterlv Proarammatic Reportina:
The Quarterly Programmatic Report is due within 30 calendar days after the end of the reporting periods (March
31, June 30, September 30 and December 31) for the life of this Agreement If a report(s) is delinquent, future
financial reimbursements will be withheld until the Subrecipient's reporting is current
Reportin Period Report due to OEM no later than
Janua A ril30
April 1 throu h June 30 Jul 31
October 31
October 1 throu h December 31 Janua 31
C. Reimbursement ReQuests:
A request for reimbursement may be sent to the grant manager for review and approval at anytime during the
Agreement period. The Subrecipient should include the category's corresponding line item number in the
"Detail of Claims" form. This number can be found in the "Proposed Program Budget". An Issue number is to
be included for every dollar amount listed in the "Detail of Claims" form.
19
D. Close-out Proarammatic Reportina:
The Close-out Report is due to the Department no later than 30 calendar days after the Agreement is either
completed or the Agreement has expired.
E. Monitorina:
Florida Department of Financial Services
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since
1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant
Program funds, projects and equipment the Department of Financial Services has a responsibility to track and monitor the
status of the grant activity and items purchased.
The monitoring process detailed in this document is designed to assess a Sub recipient's compliance with applicable state
and federal guidelines. The Department is responsible for monitoring the programmatic and capability portion of the grant
to include equipment procurement and compliance with applicable SHSGP grant guidance.
Monitoring is accomplished utilizing various methods including desk monitoring and site visits. There are two primary
areas reviewed during monitoring activities - financial and programmatic/capability. Financial monitoring is the review of
records associated with the purchase and disposition of property, projects and Agreement. Capability review is the
observation of equipment purchased, protocols and other associated records. Various levels of financial and
programmatic review may be accomplished during this process.
Desk monitoring is defined as the review of projects, financial activity and technical assistance between the Department
and the Subrecipient via e-mail and telephone. Site visits are defined as actual visits to the Sub recipient's location by a
team or members of the Department or its designee, to actually observe records, procedures and equipment.
FreQuency of annual monitorinQ activity:
Each year the Department will identify up to 50% of Subrecipients for site visit monitoring.
Examples of areas that may be examined include:
Status of equipment purchases
Status of training for purchased equipment
Status and number of response trainings conducted to include number trained
Status and number of exercises
Status of planning activity
Anticipated projected completion
Specific difficulties completing the project.
Agency NIMS compliance documentation
In certain circumstances, the Subrecipient may be requested to provide additional monitoring/information if the activity, or
lack there of, on the part of the specific Subrecipient has generated questions from the region, the SAA or the
Department. The method of gathering this information will be determined on a case-by-case basis.
Desk monitoring is an on-going process. Subrecipients will be required to participate in desk top monitoring on an annual
basis and as determined by the Department. The Subrecipients will complete and submit the desk top monitoring within
30 calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance (TA)
and/or a site visit if the Department determines that a Subrecipient is having difficulty completing projects.
As difficulties/deficiencies are identified, the respective region or SAA will be notified by the Department via email.
Information will include the Sub recipient name, year and project description and the nature of the issue in question. Many
of the issues that arise may be resolved at the Department level. Issues that require further TA will be referred to the SAA
for assistance. Examples ofTA include but are not limited to:
~ Equipment selection or available vendors
~ Eligibility of items or services
~ Coordination and partnership with other agencies within or outside the region or discipline.
20
Site Visits
Site visits will be conducted by the Department or designee. Site visits will be scheduled in advanced with the
Subrecipient grant manager designated in the grant agreement. Monitoring questionnaires will be provided in advance of
the visit
The Department or its designee will also conduct coordinated financial and grant file monitoring. These monitoring visits
maybe coordinated with a capability review visit. Subject matter experts from other agencies within the region or state
may be called upon to assist in the form of a peer review as needed.
All findings related to a capability review will be documented and maintained within the Department.
Site Visit Protocol
The following outlines the monitoring protocol for the Department:
The site visits will begin with those Subrecipients that are currently spending or have completed spending for a federal
fiscal year (FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in
the completion of all required tasks.
Site Visit PreDaration
The Department will notify the Subrecipient's grant manager by mail stating the purpose of the site visit at least 30
calendar days prior to the planned arrival date. Department or designated personnel will contact the Subrecipient within
the next 10 calendar days to schedule an appointment to review the Subrecipient's program.
The physical location of any equipment located at an alternate site should be confirmed with a representative from that
location and the address should be documented.
The appointment should be confirmed with the Subrecipient in writing (email is acceptable) and documented.
Personnel designated by the Department attending the site visit will review the Subrecipient's documentation prior to the
visit. Site team members' roles will be identified prior to the visit. Copies of applicable documents will be made and
distributed to the site visit team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent
to all team members and the Subrecipient's grant manager one business day in advance of the site visit.
Site Visit
Once designated personnel have arrived at the site, an orientation conference will be conducted. During this time, the
purpose of the site visit and the items the Department intends to examine will be identified. If financial monitoring visit will
be conducted, the team members will explain their objectives and will proceed to perform the financial review.
Designated personnel will review all files and supporting documentation. Once the supporting documentation has been
reviewed, a tour/visual/spot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible. Large items such as computers, response vehicles, etc.
should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per
Subrecipient agency requirements. The serial number should correspond with the appropriate receipt to confirm
purchase. Photographs should be taken of the equipment in excess of $1 ,000.00 per item
If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to
account for that particular piece of equipment. Once the tourlvisual/spot inspection of equipment has been completed, the
designated personnel will then conduct an exit conference with the Subrecipient to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment
voucher/reimbursement, equipment, questions, etc.
Post Site Visit
Department personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if
applicable.
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the Subrecipient explaining any
issues and corrective actions required or recommendations. The Subrecipient will submit a Corrective Action Plan within
a timeframe as determined by the Department. The Site Visit Worksheet, report and photographs will then be included in
the Sub recipient's file along with any documents distributed at the site visit by the Sub recipient.
21
IV. Programmatic Point of Contact
Grant and Programmatic Point of Contact
John P. Kohnke, 200 East Gaines Street,
Tallahassee, FL. 32399-0340
(850) 413-3611
Joh n. kohnke@mvtloridacfo.com
V. Agreement Responsibilities
The Department shall determine eligibility of projects and approve changes in scope of work.
The Department shall administer the financial processes.
22
..
ATTACHMENT A2
Program Statutes and Regulations
1 ) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 031.2
3) Section 1352, Title 31, US Code
4) OMS Circulars A-21 , A-87, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181(6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11 ) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286.011, Florida Statutes
15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66.
16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975
18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
20) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
21) 28 CFR applicable to grants and cooperative agreements
22) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
23) 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964,
as amended;
24) Section 504 of the Rehabilitation Act of 1973, as amended;
25) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
26) Title IX of the Education Amendments of 1972;
27) the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
28) 28 CFR Part 42, Subparts C,D,E, and G
29) Department of Justice regulations on disability discrimination;
30) 28 CFR Part 35 and Part 39.
31) Federal Acquisition Regulations 31.2 and 931.2
23
~
_.
ATTACHMENT A3
Warranties and Representations
Financial Management
Subrecipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify adequately the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Subrecipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cest data.
(5) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Subrecipient shall be alert to conflicts of interest as well as
noncompetitive practices among contractors that may restrict or eliminate competition or otherwise
restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive
advantage, contractors that develop or draft specifications, requirements, statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards
shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most
advantageous to the Subrecipient, price, quality and other factors considered. Solicitations shall clearly
set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated
by the Subrecipient. Any and all bids or offers may be rejected when it is in the Subrecipient's interest to
do so.
Codes of conduct.
The Subrecipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The
24
.
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standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by
officers, employees, or agents of the Subrecipient.
Business Hours
The Subrecipient shall have its offices open for business, with the entrance door open to the public, and
at least one employee on site, from 8:00 AM to 5:00 PM. Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Subrecipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Subrecipient.
25
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A TT ACHMENT A4
C~rtificaft()gR~I:~li~'
~eb."~I~HII!J$~I'I$iOl"l. In:eli .ibffi ..~..~V9.u,,~
Contractor Covered Transactions
(1) The prospective contractor of the Subrecipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Subrecipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By:
Signature Subrecipient's Name
Name and Title Department Grant Number
Street Address
City, State, Zip
Date
26
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ATTACHMENT AS
Statement of Assurances
The Subrecipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMS Circulars No. A-21 , A-11 0, A-122, A-128, A-87; E.O. 12372 and
Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common
rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also
the Subrecipient assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the Department, SM, Chief Financial Officer or the Comptroller General, through any
authorized representative, access to and the right to examine all records, books, papers, or documents
related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible
for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part
27
800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by
(b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse
effects upon such properties.
10. It will comply, and assure the compliance of all contractors, with the applicable provisions of Title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and
Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current
edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all
other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Reviewof Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (SUBRECIPIENTS OTHER THAN INDIVIDUALS) As required by the
Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620.
28
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ALEX SINK
CHIEF FINANCIAL OFFICER
STATE FIRE MARSHAL
STATE OF FLORIDA
September 27,2010
Janet M. Prainito
100 E. Boynton Beach Blvd.
Boynton Beach, Fl. 33435
Dear Mrs. Prainito:
Enclosed you will find an executed original copy of your Federal Fiscal Year 2009 State Homeland
Security Grant Program Subrecipient Funding Agreement for your community. Reminder, the period
of performance begins at the date of the last signature and ends on April 30, 2012. All funds should be
expended before the end date.
Thank you for your cooperation and patience. We look forward to working with you again next year. If
you have any question you may send me an e-mail at iohn.kohnke@myfloridacfo.com or call my
office at 850-413-3611.
Sincerely,
r(?1~'
John P. Kohnke
Domestic Security Coordinator
, C :or H~ 08 ('I"JS 0/
..,J_ \J ..
3JUJO S >W3lJ I J 1"\
HJV~n' ;'\'11
Jb NOINA08 JC ~, ! 1'1
^J.,J
. UIVISlon I r..;omractlng t:.r,tlty: Ulvlslon Of t>tate rlre lVIarsnal 1'1 ~3/!S
Department Assigned Contract ~umber: FM278
Org #: 43-71-40 EO:
Category Appropriation: 100851
Department of Financial Division/Office Contract Manager: John Kohnke t':i3~~ --<-.~-
Services Phone #: 850-413-3611 Date: 8/31/2010
E-mail: john. kohnke@myfloridacfo.com
Internal Contract
DFS Contract Search Site: httos:/laoPs.fldfs.com/ContractSearch/
Route Slip
Contract Type: ~ (1) Original 0 (2) Renewal o (3) Extension 0(4) Amendment
Payment Type: 0(1) Fixed Price 0 (2) Fixed Rate ~ (3) Cost Reimbursement 0(4) Combination
0(5) Other (explain in summary)
Solicitation Type: 0 (1) Inv to Bid D (2) Req for Proposal 0(3) Inv to Negotiate D (4) Single Source ~ (5) Exempt
Vendor / Provider Name: City of Boynton Beach Fire Rescue
Contract Duration - From: execution To: 4/30/2012
Total Contract Amount (with all amendments, renewals or extensions: $ 9,000
Vendor / Provider Contact Person: Janet M. Prainito
Phone #: 561-742-6060 E-mail: prainitoj@bbfl.us
Address: 100 E. Boynton Beach Blvd., Boynton Beach, FI. 33435
Summary of services being provided (include nature of commodities or services, renewal options, time constraints, and
justification if using non-competitive solicitation):
2009-2010 State Homeland Security Grant Program Subrecelpient Agreement to support specialized training for City of
Boynton Fire Rescue's L TRT-746.
Division Director:
(Signature certifies DCFO notification)
I.T. Resource Manager: N/A
(Required for IT related contracts)
. (Signature) (Date)
Attorney Reviewer:
(Signature serves as legal memo If under $65K)
Legal Division Director:
Budget:
Contract Administrator:
(Purchasing Services)
Deputy CFO:
(If $35,000 to $64,999 and If funded by federal
grant with COS approved master agreement)
Signature) (Date)
The following signature is required ffthe contract: 1) cumulative amount exceeds $65k, 2) Is a ster greement for federal
grant money, 3) [ncludes outsourcing of DFS duties, 4) is for firearm purchases, or 5) requires signatures pursuant to AP&P 2-2.
Chief of Staff: /1/1<
(OIR/OFR Director If Applicable)
Digitally signed by Patricia Blizzard ' (Signature) (Date)
lJ [.';'-) - (;3 ... '7 (::L
J~EV 0')7 i,.(:: ON: cn=Patricia Blizzard, 0, ou=Legal Services,
ema i I=patri cia.blizza rd@myfloridacfo.com, c=US
Date: 2010.09.16 13:26:37 ~04100'
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
August 25, 2010
John P. Kohnke
Domestic security Coordinator
Division of State Fire Marshal
200 East Gaines Street
Tallahassee, FL 32399-0340
Re: Resolution Rl0-l06 State Homeland Security Grant Program
Subrecipient Agreement for Expenditure of Local Government Unit
Funding for Florida
Dear Mr. Kohnke:
Attached for your handling are three original agreements and a copy of the Resolution
mentioned above. Once the agreements have been signed, please return an original to
the City Clerk's Office for our Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~1Yl. p~
net M. Prainito, MMC
City Clerk
Attachments
(3 agreements & resolution)
Cc: Ray Carter, Boynton Beach Fire Department
tis
s: \ cc \ WP\AFTER COMMISSION \ Other Transmittal Letters After Commission \20 10 \R 10-106 Sate Homeland
Security Grant.doc
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