HomeMy WebLinkAboutExhibit 1Contract Number: MA5906-127
CFDA Number: 16.007
Draft of 07/06/05 for City of Miami Police Department
SUBGRANT AGREEMENT FOR
EQUIPMENT FOR FLORIDA STRATEGY
THIS AGREEMENT ("Agreement") is entered into by and between the State of Florida, Department of
Management Services, with headquarters in Tallahassee, Florida (hereinafter referred to as the "DMS"), and the
City of Miami, a Florida municipal corporation (the "City") on behalf of its Police Department (the "Department")
(the City and the Department hereinafter referred to collectively as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the State of Florida is vulnerable to a wide array of disasters, which includes disasters
caused by terrorist acts; and
B. WHEREAS, the parties desire to improve the capability and the coordination of the State of Florida and
its local and regional agencies of government to respond to terrorist acts; and
C. WHEREAS, the Department of Community Affairs has prepared and had approved by the U.S.
Department of Justice, the State and Local Domestic Preparedness Equipment Program Florida
Strategy, dated September 20, 2001 (the "Florida Strategy"), to allow the State of Florida to participate
in the State and Local Domestic Preparedness Equipment Program; and
D. WHEREAS, the Department of Community Affairs has received these grant funds from the federal
government and has the authority under the Emergency Management Act, as amended, to subgrant
these funds and/or equipment purchased with these funds and to otherwise provide assistance to
improve the disaster response capabilities of local governments; and
E. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive from DMS the
grant of equipment to provide the services identified herein; and
F. WHEREAS, the DMS has authority pursuant to Florida law to disburse the funds under this Agreement.
NOW, THEREFORE, the DMS and the Recipient do mutually agree as follows:
-1-
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Scope of Work, Attachment B
of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES.
Both the Recipient and the DMS shall be governed by applicable State and Federal laws, rules and
regulations, including but not limited to those identified in Attachment A.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall continue conterminously with the
DMS Interoperability Contract #04DS-IN-13-00-16-290 unless terminated earlier in accordance with
the provisions of Paragraph (7) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either 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.
(5) RECORDKEEPING
(a) Recipient's performance under this Agreement shall be subject to the federal "Common Rule:
Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034)
and OMB Circular No. A-87, "Cost Principles for State and Local Governments". (b) The
Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement
for a period of five (5) years from the date the audit report is issued, and shall allow the DMS or its
designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall
ensure that audit working papers are made available to the DMS or its designee, Comptroller, or
Auditor General upon request for a period of five (5) years from the date the audit report is issued,
unless extended in writing by the DMS, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five-year period
and extends beyond the five-year period, the records will be maintained until all
-2-
litigation, claims or audit findings involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued at $5,000 or
more at the time of acquisition shall be retained for five (5) years after final disposition.
(c) All records, including supporting documentation of all program costs expended by Recipient,
if applicable, shall be sufficient to determine compliance with the requirements and objectives of
the Scope of Work - Attachment B - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid
from funds, if any, provided under this Agreement, shall allow access to its records at reasonable
times to the DMS, 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 limited to, auditors
retained by the DMS.
(e) Any additional terms and conditions pertaining to records, and all terms and conditions
pertaining to property management and procurement under this Agreement are set forth in
Attachments.
(6) LIABILITY.
(a) Recipient is a state agencyor subdivision, as defined in Section 768.28, Fla. Stat., and agrees
to be fully responsible to the extent provided by Section 768.28, Fla. Stat., for its negligent acts or
omissions or tortuous acts which result in claims or suits against the DMS, 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 any Recipient 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 this Agreement or any contract
related to this Agreement.
(7) FUNDING CONTINGENCY, DEFAULT: REMEDIES: TERMINATION.
(a) 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 Financial Officer or the Office of
Management and Budgeting ("Funding Contingency"), or if any of the following events occur
("Events of Default"), all obligations on the part of the DMS to make any further donations or
payment of funds hereunder shall, if the DMS so elects, terminate and the DMS may, at its option,
exercise any of its remedies set forth herein, but the DMS may make any payments or parts of
payments after the happening of any Funding Contingency or Events of Default, as applicable,
without thereby waiving the right to exercise such remedies, and without becoming liable to make
any further payment:
1. If any warranty or representation made by the Recipient in this Agreement shall at any
time be false or misleading in any respect, or if the Recipient shall materially fail to keep,
observe or perform any of the terms or covenants contained in this Agreement, and has
not cured such in timely fashion, or is unable or unwilling to meet its obligations
hereunder;
2. If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement from the financial condition revealed in
any reports filed or to be filed with the DMS, and the Recipient fails to cure said material
adverse change within thirty (30) days from the time the date written notice is sent by the
DMS.
3. If any reports required by this Agreement have not been submitted to the DMS or have
been knowingly submitted with substantial information that is incorrect, incomplete or
insufficient information;
4. If the Recipient has failed, to a substantial degree, to perform and complete in timely
fashion any of the services required under the Scope of Work attached hereto as
Attachment B.
(b) Upon the happening of a Funding Contingency, then the DMS may, at its option,
upon thirty (30) calendar days prior written notice to the Recipient of termination due to a
Funding Contingency, exercise its right to terminate this Agreement. The notice shall be
effective when placed in the United States mail, first class mail, postage prepaid, by
-4-
registered or certified mail -return receipt requested, to the address set forth in Paragraph
(8) herein.
Upon the happening of an Event of Default, then the DMS may, at its option, upon thirty
(30) calendar days prior written notice to the Recipient and upon the Recipient's failure to
timely cure, exercise any one or more of the following remedies, either concurrently or
consecutively, and the pursuit of any one of the following remedies shall not preclude the
DMS from pursuing any other remedies contained herein or otherwise provided at law or
in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days
prior written notice of such termination due to an Event of Default. 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
(8) herein;
2, Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
3. Exercise any other rights or remedies which may be otherwise available under law.
(c) The DMS may terminate this Agreement for cause upon such written notice as is reasonable
under the circumstances. Cause shall include, but not be limited to, Recipient's misuse of funds;
fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a
timely manner; and/or 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.
(d) Non compliance with any terms of this Agreement and the Scope of Work, Attachment B of
this Agreement, by the Recipient shall result in termination of Agreement, which will require
return of the equipment to the DMS.
(e) 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.
-5-
(t) In addition to any other remedies, the Recipient shall return to the DMS any granted
equipment or supplies which were used for ineligible purposes under the program laws, rules, and
regulations governing the use of the funds under the program.
(g) This Agreement may be terminated by the written mutual consent of the parties. In addition,
the Recipient has the option to unilaterally terminate this Agreement. Upon termination of the
Agreement, either by mutual consent or unilateral action of either party, all supplies and
equipment shall be returned to the DMS by the Recipient.
(8) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, and delivered
either by hand delivery, or first class, certified mail, return receipt requested, to the representatives
identified below at the address set forth below and said notification attached to the original of this
Agreement.
(b) All communications, written or oral, relating to this Agreement shall be directed to
Contract Administrator
Department of Management Services
4030 Esplanade Way, Suite 235.11
Tallahassee, Florida 32399-0950
Telephone: 850 922-7496
Fax: 850 413-8623
The Project Officer for this Agreement is Linda Fuchs. She can be contacted for technical
assistance relating to this Agreement at the above address, telephone 850/488-8036, or e-mail
linda.fuchs@myflorida.com.
myfilorida.com.
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
City of Miami, Police Department
Attn:
Miami, FL
Telephone:
Fax:
Email:
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title, address, telephone, fax and email of the
new representative will be rendered as provided in (8)(a) above.
(9) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any
subsequent submission or response to DMS 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 the DMS and with thirty (30) days written notice to the Recipient, cause the termination
of this Agreement and the release of the DMS from all its obligations to the Recipient.
(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 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) No waiver by the DMS 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 DMS hereunder, or affect the subsequent exercise of the same right or remedy by the DMS
for any further or subsequent default by the Recipient. Any power of approval or disapproval
granted to the DMS under the terms of this Agreement shall survive the terms and life of this
Agreement as a whole.
_7_
(d) The Agreement may be executed in any number of counterparts, any one of which may be
taken as an original.
(e) 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.
(t) 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 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 thirty-six (36) months
from the date of being placed on the convicted vendor or discriminatory vendor list.
DMSDMS(10) AUDIT REOUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance
with generally accepted accounting principles, to account for the receipt of equipment and
expenditure by Recipient for any costs associated with the maintenance of such equipment
provided by DMS through federal resources under this Agreement.
(b) These records shalt be available at all reasonable times for inspection, review, or audit by state
personnel and other personnel duly authorized by the DMS. "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,
(c) The Recipient shall also provide the DMS with the records, reports or financial statements, if
applicable, upon request for the purposes of auditing and monitoring any costs paid by Recipient
associated with the maintenance of such equipment provided by DMS through the federal
resources awarded under this Agreement.
-8-
(d) Recipient is a State or local government as defined in OMB Circular A-133, as revised;
however, DMS and Recipient anticipate that Recipient will not be receiving any monetary funding
pursuant to this Agreement. Accordingly, in the event that the Recipient should receive any
monetary funding pursuant to this Agreement and Recipient expends $300,000 or more in Federal
awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this
Agreement indicates equipment only is being awarded by DMS to Recipient with no Federal
monetary resources awarded through the DMS by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards,
including Federal resources received from the DMS. 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 the Recipient conducted by the Auditor General in accordance with
the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph.
Inconnection with the audit requirements addressed in Paragraph 10(d) above, if applicable, the
Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C
of OMB Circular A-133, as revised.
If the Recipient only receives equipment pursuant to this Agreement or if Recipient expends less
than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient
expends less than $300,000 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
Recipient 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 Recipient directly to each of the
following:
-9_
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10`h Street
Jeffersonville, IN 47132
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, the Recipient 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 the DMS at the following address:
Purchasing Director
Department of Management Services
4030 Esplanade Way
Tallahassee, Florida 32399-0950
(g) Any reports, management letter, or other information required to be submitted to the DMS
pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities), Rules of the Auditor General,
as applicable.
(h) Recipients, if applicable, when submitting financial reporting packages to the DMS for audits
- 10 -
done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to
the Recipient in correspondence accompanying the reporting package.
(i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of five (5) years from the date the audit report is issued, and shall
allow the DMS, or its designee, the Comptroller, or Auditor General access to such records upon
request. The Recipient shall ensure that audit working papers are made available to the DMS, or
its designee, the Comptroller, or Auditor General upon request for a period of five (5) years from
the date the audit report is issued, unless extended in writing by the DMS.
(11) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(12) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as set out fully herein.
(b) In the event of anyJnconsistencies 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.
(c) This Agreement has the following attachments:
Exhibit 1: Federal Resources Awarded to Recipient
Attachment A: Program Statutes, Rules and Regulations
Attachment B: Scope of Work
Attachment C: System Overview
(13) AWARD/ FUNDING/CONSIDERATION
This is a goods, equipment and supplies grant Agreement. The DMS will grant to the Recipient
certain equipment and supplies in order to fulfill the purposes of the Florida Strategy.
(14) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is contingent
- 11 -
upon an annual appropriation by the Legislature, and subject to any modification in accordance
with Chapter 216, Fla. Stat., or the Florida Constitution.
(b) Florida Statutes Section 287.057(14)(a) provides that contracts for commodities or
contractual services may be renewed for a period that may not exceed 3 years or the term of the
original contract, whichever period is longer. Renewal of a contract for commodities or
contractual services shall be in writing and shall be subject to the same terms and conditions set
forth in the initial contract. If the commodity or contractual service is purchased as a result of the
solicitation of bids, proposals, or replies, the price of the commodity or contractual service to be
renewed shall be specified in the bid, proposal, or reply. A renewal contract may not include any
compensation for costs associated with the renewal. Renewals shall be contingent upon
satisfactory performance evaluations by the agency and subject to the availability of funds.
Exceptional purchase contracts pursuant to Florida Statutes Section 287.057 paragraphs (5)(a) and
(c) may not be renewed.
(c) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre -audit and post -audit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted
in accordance with Section 112.061, Fla. Stat.
(e) The Department of Management Services 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, Fla. Stat., and made or received by the
Recipient in conjunction with this Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,
any interest income shall either be returned to the DMS or be applied against the DMS's
obligation to pay the contract amount.
(g) 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
-12-
,,,..,..,,,. 43....,, r,,.um" . ,.r............ . b.. . .. .. -r-_ o , r .. . ,
provisions contained in 8 U.S.C. Section I324a(e) [Section 274A(e) of the Immigration and
Nationality Act ("INA")]. The DMS shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of
the employment provisions contained in Section 274A(e) of the INA shall be grounds for
unilateral cancellation of this Agreement by the DMS.
(15) EOUIPMENT AND PROPERTY MANAGEMENT.
(a) The Recipient shall retain ownership of the unit and control over the placement, administration
and maintenance of said radio interoperability gateway system . Any change in placement
requires DMS approval. In the event of an emergency change in placement of equipment, DMS
shall permit Recipient to change placement as necessary and Recipient shall then make reasonable
efforts to notify DMS of such change,
(b) The Recipient shall provide for the recurrent costs of the radio interoperability gateway . Such
costs include, but are not limited to, telecommunications and annual maintenance.
(16) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority to
receive the funds to be provided under this Agreement and that 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.
(17) RECEIVING AND INSPECTION CONTACT.
The name of the person responsible to sign for and inspect all goods and equipment provided
under this Agreement is All goods and equipment should be delivered to
his attention at City of Miami Police Department ., Miami, FL
- 13 -
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials
as duly authorized.
Recipient:
CITY OF MIAMI,
a Florida municipal corporation
By:
Name: Joe Arriola
Title: City Manager
STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERVICES
By:
Name: John Ford
Title: Director, Telecommunications and Wireless
Services
Date: Date:
Attest:
Priscilla A. Thompson, City Clerk
Date:
City of Miami Police Department:
By:
Name:
Title:
Date:
Approved as to Form and Correctness: Approved as to Insurance Requirements:
Jorge L. Fernandez, City Attorney Dania F. Carrillo, Risk Management Administrator
FEID#: 59-6000375
- 14 -