HomeMy WebLinkAboutModification #1 to Grant AgreementRECEIVED
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MODIFICATION; a1 TO GRANT AGREEMENT
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Contract Number: 09-DS-51-13-00-16-409
CFDA Number: 97.067
FISCAL
This Modification is made and entered into by and between the State of Florida, Division of
Emergency Management, ("the Division "), and the Department of Financial Services ("the Recipient®)
to modify the Division 's Contract Number 09-DS-51-13-00-16-409, dated May 6, 2009,("the agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which
the Division has provided a sub grant of $6,360,224 to Recipient; and
WHEREAS, the Division and the Recipient desire to modify the Agreement by extending it.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
1. Paragraph 3, Period of Agreement, Is hereby amended to have an expiration date for the
Agreement of August 31, 2011:., Final requests for reimbursement should be submitted
no later than thirty (30) days after the termination date of the contract. Any requests
received after September, 30, 2011 may, in the discretion of the Division , not be
reimbursed from this Agreement.
2. All provisions not in conflict with this Modification remain in full force and effect, and are
to be performed at the level specified in the Agreement.
3. All provisions of the Agreement being modified and any attachments thereto in conflict
with this Modification shall be and are hereby changed to conform with this Modification,
effective as of the date of the last execution of this Modification by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out
herein.
RECIPIENT: DEPARTMENT OF FINANCIAL SERVICES
BY: r LID Y�
NAME & TITLE: I AftH'f TESroN LAY OF StAFF
DATE:
STATE Ofi1 FLORIDA DIVISION OF EMERGENCY MANAGEMENT
BY;
(2)C,,L NAME ,,,TITLE: David Halstead, interim Director of the Division of Emergency Management
DATE: (1' 4.1 t.
2008-LO09 STATE HOMELAND SECURITI' GRANT PROGRAM
SUI3RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL
GOVERNMENT LIMIT FENDING FOR FLORIDA
TIi1S AGREEMENT ("Agreement') is entered into by and between the State oFFlorida,
Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-030D
(hereinafter referred to as "Department"), and the City of Miami, a unit of local government
(hereinaflerreferred to as "Subrecipient"), effective as of the dale last signed below.
WZTNESSETH THAT:
1>R-IEREAS, Department is a subgantee of the Homeland Security Grant through the
Division of.Ern ergency Management (hereinafter "State Administrative Agency" or "SAA");
WHEREAS, Department has the authority to fiirtbrrpass 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 perfoffied and payments to be
made, together with the mutual covenants and conditions hereinafter set forth, the parties agree as
follows:
(1) Federally -Funded Sub grant Agreement. The funds for this Agreement are provided
• through a Subgrant Agreementbetween Department and SAA; Grant Number: 09-DS-5]-13-00-
16=409. The Subgrant Agreement and all referenced documents and forms can be accessed through
Department's wehsite at htlp://www.fldfs.com/sfin/sfn 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
attached hereto and incorporated herein by reference, .
(2) Services and Deliverables. Subrecipient agrees to render the following services or
other units of deliverables es directed by Department:
(a) Performance in accordance with "Scope of Work" found at the SFM websitc and
Attachment Al; ,,
__(b) _Readiness andsespouse to activation orders for d pj ymenl by the State Emergency
Operations Center, State Fire Marshal or Regional Domestic Security Task Force, and
(c) Purchase equipment specifically identified and approved by the Florida Domestic
Security Equipment Committee and identified in projects listed in Attachment AI. Exceptions to
the approved equipment list must be approved in writing by the Equipment Committee prior to
purchase. Requests for exceptions should be sent to Department's grant manager listed below.
Equipment having a value of.11,000 or more must have an asset identification number provided by
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Subrecipient indicating fhe equipment was purchased with State Homeland Security Grant Program
(ShISGP) funds,
(d) In Ole event a Subrecipient requests the Department to make a purchase(s) related to
this Agreement on its behalf, a rrquest in uniting on the Subrecipicut's letterhead s1ia11 be submitted
to the Denial Uncut. If approved, the Department will make llie purchase and submit lie requisite
documentation for reimbursement horn the Sabiecipient's allocated funds. Nothing herein shall •
require the Department in make the purchase on behalf of the 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 Depmtmcnt in accordance with the
foil owing 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,.wi Lb
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 Iocal emergencies and equipment operabilitywill
dictate the availability of Subrecipient to respond;
(c) For Type 11/WMD 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 Farce as defined by the FloiidaDomestic Security Strategy Plan and the Florida Association
of Search and Rescue (FASAR) 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 form as part of this Agreement;
(f) Subrecipient shall comply with the Florida Fire Chiefs Association Code of Ethics at
all times, and
(g) All documents referenced above can be found on the SFM website.
(4) Fuudinp/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_Agreemeat as.a.result.af.action_by_Congr.ess,the_S#ate Lenislnture, the Office of the Chief
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 Subrecipicnt 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
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maximum of the amount set frith in Attachment A for services reudere,dand items purchased in
accondance 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 wehsite. The forms must be accompanied
by the documentation referenced in Attachment A2. The foams 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 May 31,2010.
(d) :All equipment purchases must be in accordance with the equipment list (see SFM
website) stipulated by the Florida Domestic Security Equipment Convnittee, 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) lino request for reimbursement is submitted for two consecutive quarters after
execution of this 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
forpayment by Subrecipient to suppliers for taxes on materials used to fulfill its obligations with
Department Subrecipientshall 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 delivembles such as reports, findings and drafts by
Department's designated grant manager. Interim payments may be made by Department at its
discretion under extenuating circumstances ifthe completion of services and other units of
-deb ve aaab}ai-c i-date-ha; fast•been-accepted-Mi writing byd3 pa.Ttment's_geeni ,nanageat .
(5) Funding Period: This Agreement begins on the date of the last signature below
and ends May 31, 2010. 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.
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(6) Agreement Modification. Either party may request modification of the provisions of
thus Agreement Except as provided in paragraph (5) above, changes which arc 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 Ile -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 perfomrancc 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 he 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
Governments" (53 Federal Register 8034) or OMB Circular No. A-1 1 0, "Grants and Agreements
with institutions of Higher Education, Idospitals, and Other Nonprofit Organizations," 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 Organisations." If this Agreement is made with a commercial (for -
profit) organization an 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;
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 litigation, claims
o.-•audit.-firdiags-involving-the-reca.dc-have-been-r-esolved.--------------------__..-------..___
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
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. 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 A 1 and A2 - and all
other applicable laws and regulations.
(d) Subrecipient, its employees or agents, including nil subcontractors or consultants
to be paid firm funds provided under this Agreement, shall allow access to its records at
reasonable lames 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.ui., 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 reeipt 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" shall be construed according to circumstances, but ordinarily shall rnean normal
business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(e) 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 expands $500,000
or more in Federal awards in its fiscal year, Subrecipient must have a single orprogram-specific
audit conducted in accordance with the provisions of OMB 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, es 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
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 Subrecipienr resources-obtained-from-utherthan-federal-en*titles):-----
.(c) .Cupies 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), OM3 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 CircularA-133, as revised (the number of
copies required by Sections .320(d)(1) and (2), OMB CircularA-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Sheet
Jeffersonville, IN 47132
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), OMId 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-I33 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.
(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
accordanee with these applicable regulations and Agreement provisions within thirty (30) days
after Department or theSAA has notified Subrecipient of such non-compliance.
(j) Subrecipient shall have all audits completed by an independent certified public .
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed
under Chapter 473, Florida Statutes. The IPA 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 Tram the enn or Subrecrpient's fiscal year.
(10) Reports.
(a) Reports shall be in accordance with Attachment Al, 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.
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(c) Reports and documentation related to all mercises and evaluations, (if am
allowable expense) including any USAR MOI3EX 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 tape such other action as set forth in paragraph (14 ),
"Remedies." Tbc prase, "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.
(1 1) - Monitoring. Monitoring shall be in accordance with Attachment Al, subpart _- ____
III.E., and in addition, Subrecipient shall monitor its performance under this Agreement, as well.
as that of its subcontractnrs,.subrccipients and consultants who are paid from funds provided
under this Agreement, to ensure that time schedules are met, Attachment Al 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 Al, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised, and Section 2I5.97, Florida Statutes, (see paragraph (9) Audit Requirements, above ),
monitoringprocedures 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.
(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 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, Subtecipient 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 768.26, Florida
----Statutes,-Subrecipient-agrees-tn-berfully-responsible-to-the.m tort-providedby_Seeti onZ68.28,---_--
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 iuuuunity 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
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(13) Default. If any of the following events occur ("Evcnls of Default'), n]1
obligations on the part of Dcpartment to make any further payment of funds hereunder shall, if
Department so elects, terminate and Department may, al its option, exercise any of its remedies
set forth in paragraph fourteen (l4), hut 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 ormis]eading 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 thereunder;
(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) Ifaay+ 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 days prior written notice to Subrecipient and upon the
Subrecipient's failure to cure within said thirty (30) day period, exercise any one or more of the
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
United States mail, first class rnait, 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 of this
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 perforrance;
2. Issuing a written warning to advise that more serious measures In be taken if
the situation is not corrected;
3. Advising Subrecipient to suspend, discontinue or refrain from incurring costs for
any activities it 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;
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(t) Require that Subrecipient return to Depar(tnent any property or equipment
purchased with grant funds; or received after having been purchased with grants funds, that has
nol been properly disposed of in accordance with Subrecipienl's properly disposal policy, and
(g) Exercise any other rights or remedies which may be otherwise available under
(h) The pursuil of any one 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..
law.
(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 Hiles, 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 restilts
commensurate with the further expenditure of funds, byproviding 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 wilt not incur new.
obligations for the terminated portion of the Agreement after Subrecipient has received the
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 Lorin Mock, located al 11655 Northwest Gainesville
Road, Ocala, Florida 34482-1486.
(b) Subrecipieart's grant manageris listed on the signature page of this agreement.
(c)---"hill vrrirrciamld-verbal-ea}rprovmis7efereati'tel in-t:ris Aycrn:ren+_rausr.be�ht_ned_.__..._.
from the parties' grant or designers. Notices required to be in writing must be delivered or sent to
the intended recipient by hand delivery, certified mail or rereipted courier, electronic or facsimile
transmission, and shall be deemed received on the date received or the date of the certification of
receipt
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(d) .. ]n the event that different grant managers are designated by either party after
execution of this Agreement, -notice ()Idle 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 incolpaaled herein
by reference, contain all the tcmns and conditions agreed upon by Lim parties.
(1 S) Attachments are as follows:
(a) Attachment A Proposed Program Budget and Budget Detail Worksheet, and its
subparts, consisting of:
AI — Scope of Work;
A2--Program Statutes and Regulations; .
A3—Warranties and Representations;
A4 — Certification Regarding Debarment, Suspension, ineligibility, and
AS — 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 al the following address:
Departmentof.Financia] Sen'ices
Accounts Receivable
200 Gaines Street
Tallahassee, Florida 32399-0333
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%) of the.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 fur monitoring and site visit purposes. When the property and equipment no longer
has a useful life, it shall be disposed of through Subrecipient's property disposal policy, and
doouwentation-pr id —to-the-D- epnrt.nent. -If-for-any-reasr ,- inclsding.dissoiution,—
Subrocipient elects to discontinue its participation in this Agreement, all property and equipment
purchased with grant funds, or received after beingpurchased with pant funds, not previously
disposed of in accordance with Subrecipient's property disposal policy, must be returned to
Department.
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(21) . Standard Conditions.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted orprovided 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 arc 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 of this 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 terns and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
maybe 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 1 0)-336, 42 U.S. C. Section 12101 et seq.), if applicable, which prohibits discrimination by
public and private entities on the bass 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 apublic 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 36 months
from the date of being placed an 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 govenuarent, by signing this
Agreement, Subrecipient certifies, to the best of its knowledge and,belief, that it and its
principals:
I. ' 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-civiijudgmeni ieridei ed againstlhem"for commission of -fraud- r a criminal -offense -in— ---
connection with obtaining, attempliog to obtain, or performing a public (federal, state or local)
transaction or contract under public transaction; violation offedera) or state antitrust statutes or
commission ofetnbczzlement, theft, forgery; bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
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3. • Arc not presently indicted or otherwise criminally or civilly charged by a
goverrunenlal entity (federal, statenr local) with commission of' any offenses enumerated in
subparagraph (g)2., of this czitifrcation, and
4. Nave 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 "Cerlif cation
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 allowpublic access to all docurnents, 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 ] 324a(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.
(j) Subrecipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Florida Statutes) with respect to ibe 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.
' (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. 10a.
(1) _ Both Subrecipient and Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not Iimited 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
n otiimited-tothe-following-provisi ons:
]. 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,
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3. Agreement:, with vendors must be procured in a manner that assures a
fair and reasonable price to the Slate and in compliance with applicable rules and
regulations, including, but riot limited to Sections 287.057 and 216.3475, Florida
Statutes.
A copy of the Afemoronduin can lie accessed on the SFAQ websitc.
(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 cif
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 malting 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 shalt 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
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
$I00,000 far each such failure.
(23) Copyright Patent and Trademark.
ANI' AND ALL PATENT RIGHTS ACCRUING UNDER OR IN COTTNECTION WITH THE
PERFORMANCE OF TIiIS AGREEMENT ARE HERESY RESERVED TO THE STATE OF
FLORIDA.. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION
WITH TM PERFORMANCE_OF_T1-17R__4GREE NTARE.HEREB5'_T_R.ANSFERRED_BY_
THE SUBS ECLPIENT 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 perfonned under this Agreement, or in any way connected herewith,
13
Subrecipient shall refer the discovery or invention to Department fora determination whether
pntcnt•protecfion will he sought in the name of the Slate of Florida, Any and all patent rights
accruing under or in connection with the perfonnancc of this Agreement are hereby reserved to
the State of Florida. In the event that nny books, manuals, films, or other copyrightable material
rue produced, Subrecipient shall notify Department. Any and all copyrights accruing under nr 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 theperfonnance of this Agreement which he or she
knows or should know could give rise to a patent vr 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 thcright to all patents and copyrights which accrue during performance of the Agreement.
(24) Assurances, Subrecipient shall comply with al] Statements of Assurance
incorporated in AttachmentA5.
(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 othenvise, 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their undersigned officials.
.SUBRECIPIENT •
By
Title Ci
Sign
Date signed
Subrecipient Grant Manager
Name: _//.-7� y<<
Address //Si .r.4.- .'l,
Email address crl
Telephone Number
14
DEPARTMENT OF
FINANCIAL SERVICES
By IAHHY7t T?mI
Title �L-4g
Signature.✓
Date signed 3/I i J10
C i i R.FSGOt_..tlt 7 rL: — 1 n- 0005
"City"
ATTEST: CITY MI, Florida mu icipal
Corpor t�
Priscilla A Thompson, City Clerll
APPROVED AS TO FORM AND
CORRECTNESS:•
((��//��
.V�i (?.P �Ci 7-7ti LY/A..i'?ry
Julie O. Bru
City Attorney
ity Manager
APPROVED AS/ro :11RANCE
REQUIREMENTS:
LeeAnn Ere m
7Risk Management U 'rector
1