HomeMy Public PortalAboutAmendment 2 Grant to Agreement FM682DocuSign Envelope ID: D10D65A5-EC27-4BF2-9579-4A99A72FB128
AMENDMENT NO. 2 TO GRANT AGREEMENT FM682
BETWEEN
DEPARTMENT OF FINANCIAL SERVICES
AND
CITY OF CRESTVIEW
This Amendment No. 2 (Amendment) to Agreement FM682 (Agreement), is made by and between
the Department of Financial Services (Department), an agency of the state of Florida (State), and the City
of Crestview (Grantee), collectively referred to herein as the "Parties."
WHEREAS, the Department, pursuant to Specific Appropriation 2377A of the General
Appropriations Act for the 2021-2022 State fiscal year, entered into the Agreement with the Grantee on
April 6, 2022, for the design and construction of a fire training tower, with a performance period beginning
July 1, 2021; and
WHEREAS, the Parties wish to amend the Agreement as set forth herein to correct the amount of
the grant to $695,570.00, as stated in the General Appropriations Act for the 2021-2022 State fiscal year,
and to correct the amounts and wording of Deliverable 1 and Deliverable 2.
NOW THEREFORE, in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as
follows:
1) The terms and conditions of the Agreement are incorporated by reference as if fully re -written herein.
Except as expressly amended and supplemented by this Amendment, the terms and conditions of the
Agreement will remain in effect unchanged. If and to the extenf that any inconsistency may appear
between the Agreement and this Amendment, the provisions of this Amendment shall control.
2) Section E.1. Compensation, of the Agreement is hereby amended to read as follows:
1. Compensation. This is a cost reimbursement agreement. This Agreement shall not exceed
$695,570.00, and payment shall only be issued by the Department after acceptance of the Grantee's
performance as set forth by the terms and conditions of this Agreement. The State's and the
Department's performance and obligation to pay under this Agreement after the State fiscal year
referenced in Section A, above, is contingent upon the fixed capital outlay funding remaining
available for use by the Grantee for the purpose specified herein.
3) Section 1. Project Description, of Attachment 1, Scope of Work, is hereby amended to read as follows:
1. Project Description. Line 2377A of the General Appropriations Act for the 2021-2022 State fiscal
year provides for the appropriation of $695,570.00 to the Grantee for the construction of a fire training
tower to serve the needs of the local community.
The project is the purchase and installation of a 4 -story fire training tower to assist City of Crestview
and the North End Volunteer Fire Departments in new and continuous fire and rescue training. The
training center will be located at 1198 W. Edney, Crestview FL, 32536. The fire training tower will
allow practical, relevant training evolutions that mimic true emergencies and involve multiple
emergency response agencies. Evolutions include, but are not limited to, live firefighting training,
ventilation, high angle rope rescue, confined space rescue, police department room clearing, barricaded
subject and hostage rescue, active shooter response, domestic disputes, etc. Increased training will
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improve the safety of emergency responders while reducing the loss of life, property, and environment.
The City of Crestview will contribute approximately $536,473.00 toward the project for a total funding
amount of $1,232,043.00.
4) Table 1, Deliverables, of Section 4. Deliverables, of Attachment 1, Scope of Work, is hereby amended
to read as follows:
TABLE 1
DELIVERABLES
Deliverable No. 1— Pre -Construction Tasks for the Fire Training Tower
Tasks
Complete all preconstruction and
work to plan and design the fire
training tower in accordance with
invoices or the contract between
the Grantee and the contractor
performing the work, which is
attached as Appendix 1.
Documentation
1) Invoices for preconstruction
costs and engineering/design
services in accordance with
Section 6, below.
2) The Grantee shall submit:
a. Evidence of the
procurement of the
design/architectural
contractor.
b. Copies of invoices for
pre -construction costs
and invoices for payment
under the
design/architectural
contract.
c. Cleared checks,
electronic funds
transfers, or bank
statements showing that
payment was issued to
the Grantee's contractor.
d. Copy of the document
showing the signed and
sealed
design/architectural
plans.
Financial Consequences
Failure to complete this
deliverable as specified within
this SOW will result in non-
payment of the invoiced
amount.
ESTIMATED COST $20,000.00
Deliverable No. 2 — Tasks to Purchase Construction Materials, Construct the Fire Training
Tower and Post Construction Costs.
Tasks
1. Complete all work to construct
the fire training tower in
accordance with the Grantee
and the contractor performing
the work, which is attached as
Appendix 2.
•
Documentation
1. Invoice for the purchase of
construction materials,
construction services and
purchase post construction
costs in accordance with
Section 6, below.
Financial Consequences
Failure to pass each required
construction phase inspection
will result in non-payment of
the associated invoiced task(s)
until passage of the
construction phase inspection.
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2. Purchase construction
materials.
3. Complete all post construction
work.
2. The Grantee shall submit
copies of:
a. Any construction phase
inspection reports;
Any documents
demonstrating
satisfactory performance
in completion of the
tasks listed in the
contract which is
attached as Appendix 2;
Proof of release of any
liens that are associated
with the work for which
payment is requested;
Documentation to
support performance
by and payments made
by contractor to
subcontractors and
suppliers for satisfaction
of contractor's
obligations under its
contract with the
Grantee; and
Cleared checks,
electronic funds
transfers, or bank
statements showing that
payment was issued to
the Grantee's contractor.
b.
c.
d.
e.
The Department will not
reimburse the Grantee the
amount of fees assessed for any
re -inspection.
COST - AMOUNT NOT TO EXCEED $695,570.00, minus the amount paid for Deliverable 1
TOTAL REIMBURSEMENT AMOUNT NOT TO EXCEED $695,570.00
5) Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance is hereby
deleted in its entirety and replaced with Attachment 2, Audit Requirements for Awards of State and
Federal Financial Assistance, attached hereto and made a part of this Agreement.
6) Counterparts and Electronic Signature. This Amendment may be signed in multiple counterparts, each
of which may be deemed an original, but which together shall constitute the same instrument. Facsimile,
documents executed, scanned, and transmitted electronically and "Electronic Signatures" shall be
deemed original signatures for purposes of this Amendment and all matters related thereto, with each
such facsimile, scanned, or Electronic Signature having the same legal effect as original signatures.
"Electronic Signature" means an electronic sound, symbol, or process attached to or associated with a
contract or other record and adopted by a party with the intent to sign, authenticate, or accept such
contract or record.
7) Except as otherwise provided in this Amendment, this Amendment shall be effective as of the date last
signed below.
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IN WITNESS WHEREOF, the Parties agree to the terms and conditions of this Amendment and have
duly authorized their respective representatives to sign it on the dates indicated below.
Department of Financial Services City of Crestview
DoeuSigned by:
coif f'utatii,
utnonze lignature
Scott Fennell
11/9/2022 1 4:44 PM E
Date
Typed or Printed Name
DCFO
Title
thorized Signature
/Z12 —
Date
Typed or Printed Name
itle
ayor
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ATTACHMENT 2
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Department of Financial Services
Division of Accounting and Auditing — Bureau of Auditing
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
The administration of resources awarded by the Department of Financial Services (Department) to the
Grantee may be subject to audits and/or monitoring by the Department, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements,
and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may
include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by 2 CFR
§200.425, or other procedures. By entering into this agreement, the Grantee agrees to comply and cooperate
with any monitoring procedures or processes deemed appropriate by the Department. In the event the
Department determines that a limited scope audit of the Grantee is appropriate, the Grantee agrees to
comply with any additional instructions provided by Department staff to the Grantee regarding such audit.
The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
Part I: Federally Funded
This part is applicable if the Grantee is a state or local government or a nonprofit organization as defined
in 2 CFR §200.90, §200.64, and §200.70.
1. A grantee that expends $750,000 or more in federal awards in its fiscal year must have a single or
program -specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit
Requirements. EXmBIT 1 to this form lists the federal resources awarded through the Department
by this agreement. In determining the federal awards expended in its fiscal year, the Grantee shall
consider all sources of federal awards, including federal resources received from the Department.
The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR §§200.502-503. An audit of the Grantee conducted by the Auditor
General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the Grantee shall fulfill the requirements
relative to auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A grantee that expends less than $750,000 in federal awards in its fiscal year is not required to have
an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements.
If the Grantee expends less than $750,000 in federal awards in its fiscal year and elects to have an
audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements,
the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be
paid from Grantee resources obtained from other than federal entities).
Part II: State Funded
1. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess
of $750,000 in any fiscal year of such Grantee (for fiscal years ending June 30, 2017, or thereafter),
the Grantee must have a state single or project -specific audit for such fiscal year in accordance with
section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550
(local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the
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AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
Department by this agreement. In determining the state financial assistance expended in its fiscal
year, the Grantee shall consider all sources of state financial assistance, including state financial
assistance received from the Department, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass -through awards and resources received by
a nonstate entity for federal program matching requirements.
2. For the audit requirements addressed in Part II, paragraph 1, the Grantee shall ensure that the audit
complies with the requirements of section 215.97(8), F.S. This includes submission of a fmancial
reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental
entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the Grantee expends less than $750,000 in state fmancial assistance in its fiscal year (for fiscal
years ending June 30, 2017, or thereafter), an audit conducted in accordance with the provisions of
section 215.97, F.S., is not required. If the Grantee expends less than $750,000 in state financial
assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions
of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the
cost of such an audit must be paid from the Grantee's resources obtained from other than state
entities).
Part III: Other Audit Requirements
N/A
Part IV: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR
§200.512, by or on behalf of the Grantee directly to the Federal Audit Clearinghouse (FAC) as
provided in 2 CFR §200.36 and §200.512.
The FAC's website provides a data entry system and required forms for submitting the single audit
reporting package. Updates to the location of the FAC and data entry system may be found at the
OMB website.
2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on
behalf of the Grantee directly to each of the following:
The Department at each of the following addresses:
Electronic copies (preferred): Melissa.DembicerAmyfloridacfo.com
or
Paper (hard copy):
Melissa Dembicer
Department of Financial Services
200 East Gaines Street
Tallahassee, Florida 32399-0340
The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
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AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
The Auditor General's website (https://flauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
3. Any reports, management letters, or other information required to be submitted to the Department
pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section
215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
4. Grantees, when submitting financial reporting packages to the Department for audits done in
accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Grantee in
correspondence accompanying the reporting package.
Part V: Record Retention
The Grantee shall retain sufficient records demonstrating its compliance with the terms of the award(s) and
this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the
Department, or its designee, the CFO, or Auditor General access to such records upon request. The Grantee
shall ensure that audit working papers are made available to the Department, or its designee, the CFO, 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 Department.
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AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
EXHIBIT 1
Federal Resources Awarded to the Grantee
Pursuant to this Agreement Consist of the Following:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
Compliance Requirements Applicable to the Federal Resources
Awarded Pursuant to this Agreement are as Follows:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
State Resources Awarded to the Grantee
Pursuant to this Agreement Consist of the Following:
Matching Resources for Federal Programs:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
Subject to Section 215.97, F.S.:
1. State Project A:
State Project: Local Government Fire Service Grants
State Awarding Agency: State of Florida, Department of Financial Services
Catalog of State Financial Assistance Title and Number: Local Government Fire Service Grants,
43.009
Amount: $695,570.00
2. State Project B:
N/A
Compliance Requirements Applicable to State Resources Awarded
Pursuant to this Agreement Are as Follows:
The compliance requirements are as stated in Grant Agreement #FM682 between the Grantee and the
Department, entered in State Fiscal Year 2021-2022.
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