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

responsible the administration of this Agreement is: 7-  Captain Tony Carnathan City of Fort Walton Beach Police Department 7 Hollywood Boulevard, NE Fort Walton Beach, Florida 32548 Office: ( 850) 833- 9544 Fax: ( 850) 833- 9684 Email: tcarnathan@fwb. org 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 e- mail 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 ofthe 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 8-  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. d) The Agreement may be executed in any number of counterparts, anyone 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. 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 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 or discriminatory vendor list. 10) AUDIT REQUJREMENTS. 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 services and expenditure of federal resources under this Agreement. 9- b) These records shall 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 of8: 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 upon request for the purposes of auditing and monitoring the federal resources awarded under this Agreement. d) If the Recipient 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 the Recipient expends $ 500,000 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 ofOMB Circular A- 133, as revised. EXHIBIT I to this Agreement indicates Federal 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 :ITom 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 ofOMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 1 O( d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised. If the Recipient expends less than $ 500, 000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than 10 -  11) TERMS AND CONDITIONS. The Agreement contains all the tenus 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 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. c) This Agreement has the following attachments: Exhibit 1: Funding Sources Attachment A: Program Statutes, Rules and Regulations Attachment B: Scope of Work Attachment C: System Overview 13) 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 perfonuance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. b) s. 287. 057( 14)( a). F. S. Contracts for commodities or contractual services may be renewed for a period that may not exceed 3 years or the tenu 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 tenus and 13 - conditions set forth in the initial contract. If the commodity or contractual service is purchased as a result ofthe 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 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, Florida Statutes. 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, Florida Statutes, 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 ofthe employment provisions contained in 8 D.S. C. Section 1324a( e) Section 274A( e) of the Immigration and Nationality Act (" INA")]. The DMS shall consider the employment by any contractor of unauthorized aliens a 14 -  violation of Section 27 4A (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) EQUIPMENT AND PROPERTY MANAGEMENT. a) The Recipient shall retain ownership of the equipment as defined in Attachment C of this document 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 of placement of equipment, DMS shall pennit 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 system. Such costs include, but are not limited to, telecommunications and annual maintenance. 16) LEGAL AUTHORIZATION. The Recipientcertifies 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