Fort Walton Beach Council agenda — 10-09-2007 regular agenda — reading text

the equipment as part of the Florida Interoperable 17 Network. The equipment will allow the radio ftequencies operated by the Police Department to 18 connect with the frequencies operated by other law enforcement, federal, state and local as well 19 as other government entities and the private sector. The City has determined that participation in 20 the US Department of Justice, State and Local Domestic Preparedness Equipment Program is in 21 the best interests of the citizens of Fort Walton Beach. 22 23 Therefore, the City Council hereby authorizes the Police Department to participate in the 24 US Department of Justice, State and Local Domestic Preparedness Equipment Program and 25 further authorizes the Police Chief to execute all contract documents for the program. 26 27 This Resolution shall take effect immediately upon approval by the City Council. 28 29 30 31 Adopted: 32 Mike Anderson, Mayor 33 34 35 36 Attest: Approved as to form and legal sufficiency. 37 38 39 40 Helen Spencer, City Clerk Toni L.Craig, City Attorney 41 42 43 44 45  Contract MA5906- 201 Number: CFDA Number: 16. 007 SUB GRANT AGREEMENT FOR EQUIPMENT FOR FLORIDA STRATEGY THIS 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 Fort Walton Beach Police Department ( hereinafter referred to 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 sub- grant these funds and/or equipment and services 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 1-  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) 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 Contracts # 04- DS- IN- 13- 00- 16- 290, 05- DS- 2N- 13- 00- 16- 438, and # 06- DS- 3W- 13- 00- 16- 208, unless terminated earlier in accordance with the provisions of Paragraph (7) of this Agreement. 4) MODIFICATION OF CONTRACT Either party may request modification ofthe 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) As applicable, 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 is the terms of this Agreement for a period of five years from the date the audit report 2-  Agreement are set forth in Attachments. 6) LIABILITY. a) Recipient is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, and 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 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 ofthe 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 any 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 or any previous Agreement with the DMS shall at any time be false or misleading in any respect, or if the Recipient shall materially fail 4-  to keep, observe or perform any ofthe terms or covenants contained in this Agreement, and has not cured such in timely fashion, or is unable or unwilling to meet its obligations there under; 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 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; 4. Ifthe 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 day' s prior written notice to the Recipient of termination due to a Funding Contingency, exercise its right to tenninate this Agreement. 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. c) 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 anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone 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) Tenninate this Agreement, provided that the Recipient is given at least 5-  to the unilateral action of either party, all supplies and equipment shall be returned DMS by the Recipient. 8) NOTICE AND CONTACT. in writing a) All notices provided under or pursuant to this Agreement shall be confirmed, and delivered either by hand delivery, bye-mail with delivery receipt or first class, certified mail, return receipt requested, to the representative attached to the identified below at the address set forth below and said notification original ofthis Agreement. shall be b) All communications, written or oral, relating to this Agreement directed to: Contract Administrator Department of Management Services 4030 Esplanade Way, Suite 135E Tallahassee, Florida 32399- 0950 Telephone: 850- 410- 2404 Fax: 850- 922- 5313 She can be contacted for The Project Officer for this Agreement is Linda Fuchs. address, telephone technical assistance relating to this Agreement at the above 850/ 488- 8036, or e- maillinda.fuchs@dms. myflorida. com. for c) The name and address of the Representative of the Recipient