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R20-075
1 RESOLUTION R20-075 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 CITY MANAGER TO SIGN A DISASTER RELIEF 6 FUNDING AGREEMENT FOR FEDERAL AND STATE 7 ASSISTANCE FOR DR-4486 COVID-19 BETWEEN THE 8 CITY OF BOYNTON BEACH AND THE STATE OF 9 FLORIDA, DIVISION OF EMERGENCY 10 MANAGEMENT; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS,a major biological disaster declaration has been designated FEMA-4486- 14 DR for the State of Florida as a result of COVID-19;and 15 WHEREAS,The City has estimated approximately$500,000.00 or more that could be 16 reimbursed by FEMA, incurred as a result of COVID-19; and 17 WHEREAS,to be eligible to receive disaster relief funding through the Federal 18 Emergency Management Agency,(FEMA),the agreement must be executed with the State of 19 Florida since all federal disaster relief funding is actually distributed to the State and then 20 passed down on to local municipalities who qualify;and 21 WHEREAS,upon recommendation of staff, the City Commission has determined 22 that it is in the best interests of the residents of the City to enter into a Disaster Relief Funding 23 Agreement between the City of Boynton Beach and the State of Florida, Division of 24 Emergency Management for assistance with DR-4486 COVID-19. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. S:\CA\RESO\Agreements\Disaster Relief Funding Agreement(COVID-19)-Reso.Docx 31 Section 2. The City Commission hereby approves and authorizes the City 32 Manager to sign a Disaster Relief Funding Agreement for Federal and State assistance for 33 DR-4486 COVID-19 between the City of Boynton Beach and the State of Florida, Division 34 of Emergency Management, a copy of the Agreement is attached hereto as Exhibit"A" 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 4th day of August, 2020. 37 CITY OF BOYNTON BEACH,FLORIDA 38 39 YES NO 40 41 Mayor—Steven Grant ✓ 42 43 Vice Mayor—Ty Penserga 44 45 Commissioner—Justin Katz t✓ 46 47 Commissioner—Woodrow L. Hay ✓ 48 49 Commissioner—Christina L. Romelus 50 51 _ 52 VOTE S"+Q 53 ATTEST: 54 55 564Z4/ jZe;4, t 57 tal Gibson,MMC 58 City Clerk 59 60 61 62 (Corporate Seal) G••vYO1t4G . r. 1920 ; t--r � i i ,t( of S:\CA\RESO\Agreements\Disaster Relief Funding Agreement(COVID-19)-Reso.Docx Agreement Number: Z2099 FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.° As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub-Recipient" means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R.§200.38,"Federal award"means"Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity.° The following agreement is made and information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub-Recipient's name: Boynton Beach,City of Sub-Recipient's unique entity identifier: 072247133 Federal Award Date: March 13 2020 Subaward Period of Performance Start and End Date(Cat A-B): 01/20/2020—Attachment B Subaward Period of Performance Start and End Date(Cat C-G): 01/20/2020—Attachment B Amount of Federal Funds Obligated by this Agreement Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: Federal award project description (see FFATA): rant to eligible Sub-recipient as determined by FEMA Name of Federal awarding agency: Dept. of Homelandcurivy tDHSJ Federal Emergency Management Agency IFEMAI Name of pass-through entity: Florida Division of F..n1 rgencv Management(FDEM) Contact information for the pass-through entity: 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.036 Public Assitance __ Indirect cost rate for the Federal award: See lay 44 C.F.R.207.5(b)14 1 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Boynton Beach,City of (hereinafter referred to as the"Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The Sub-Recipient, by its decision to participate in this grant program, bears the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate consequences of any adverse decisions rendered by the Division, the Federal Awarding Agency,or any other State and Federal agencies with audit, regulatory,or enforcement authority; C. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; D. The Division, as the pass-through entity and fiduciary of such Federal funding, reserves the right to demand that the Sub-Recipient comply with all applicable State and Federal laws, regulations and policies,terminate reimbursements and take any and all other actions it deems appropriate to protect those funds for which it is responsible, including debt collections;and E. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes,entitled°Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS. RULES, REGULATIONS AND POLICIES Performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards."For this event, FEMA recognizes that noncompetitive procurements may be necessary to save lives,to protect property and public health, and to ensure public safety, as well as to lessen or avert the threat of a catastrophe. The President's unprecedented Nationwide Emergency Declaration and the Secretary of Health and Human Services'(HHS)declaration of a Public Health Emergency for COVID-19 establish that exigent and emergency circumstances currently exist. 2 a. For the duration of the Public Health Emergency, which began January 27, 2020 as determined by HHS, local governments, tribal governments, nonprofits, and other non-state entities may proceed with new and existing noncompetitively procured contracts in order to protect property and public health and safety, or to lessen or avert the threats created by emergency situations for 1) Emergency protective measures under FEMA's Public Assistance Program and 2) Use of FEMA non-disaster grant funds by non-state recipients and sub-recipients to respond to or address COVID-19.These noncompetitive contracts must comply with Federal guidance addressing exigency and emergency procurement. b. As required by section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment 8 to this Agreement ("Program Statutes and Regulations"). Any express reference in this Agreement to a particular statute, rule,or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties,the Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance;and, 3 ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Kim Schoffel Title Prooram Supervisor Bureau of Recovery Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Telephone: 1850)815- 448 Email: Kim.Schoffek1 em.myflorida.com c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: LA VettQN\ top E. 4CK4.1 Ove-. .Pabrir A) 612_ack,, cl- Telephone: ��7 6 ti 7- 2 ,6o‘o Email: 1--0.tgli2i t c\e 100.LkS d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative will be provided to the other party in writing via letter or electronic email. It is the Sub-Recipient's responsibility to authorize its users in the Recipient's grants management system. Only the Authorized or Primary Agents identified in Attachment D to this Agreement("Designation of Authority")may authorize addition or removal of agency users. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. 4 (7) SCOPE OF WORK The Sub-Recipient shall perform the work in accordance with Attachment A to this Agreement ("Budget and Scope of Work"). (8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE The Period of Agreement establishes a timeframe for all Sub-Recipient contractual obligations to be completed. This agreement will begin upon execution by both parties and shall end upon closeout of the Sub-Recipient's account for this disaster by the Federal Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. The Period of Performance is the timeframe during which the Sub-Recipient may incur new obligations to carry out the work authorized under this Agreement. In accordance with 2 C.F.R.§200.309, the Sub-Recipient may receive reimbursement under this Agreement only for allowable costs incurred during the period of performance. In accordance with section 215.971(1)(d), Florida Statutes, the Sub- Recipient may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specified agreement period. The C.F.R. requirement is more restrictive and will take precedence over the State requirement. The period of performance for this agreement begins with the first day of the Incident Period for the disaster applicable to the agreement and ends six(6) months from the date of declaration for Emergency Work(Categories A& B) or eighteen (18) months from the date of declaration for Permanent Work(Categories C-G), unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement or extended in accordance with Attachment G Paragraph 5. If any extension request is denied by the Recipient, or is not sought by the Sub-Recipient, reimbursement is only available for eligible project costs incurred up to the latest approved extension. Failure to complete a project is adequate cause for the termination of funding for that project and requires reimbursement to the Recipient of any and all project costs. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects approved for this Sub-recipient for DR-4486. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. Pursuant to section 252.37, Florida Statutes, unless otherwise specified in the General Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon 5 a requirement for matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants to Local governments. The affected Local government shall be required to provide one-half of the required match prior to receipt of such financial assistance. d. The Executive Office of the Governor may approve a waiver,subject to the requirement for legislative notice and review under section 216.177, Florida Statutes, of all or a portion of the required match for public assistance projects for Local governments if the Executive Office of the Governor determines that such a match requirement cannot be provided, or that doing so would impose a documented hardship on the Local government, and if the Local government applies for the waiver within the first 18 months after the disaster is declared. e. The Division will reimburse the Sub-Recipient aLly for allowable costs incurred by the Sub-Recipient. The Recipient will provide funds on a cost reimbursement basis to the Sub-Recipient for eligible activities approved by the Recipient and the Federal Awarding Agency, as specified in Attachment A of this Agreement ("Budget and Scope of Work"), which also outlines the maximum reimbursement amount for each deliverable. f. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification,sianed by an official who is authorized to lecally bind the Sub-Recibienl,which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete,and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." The Sub-Recipient must complete Attachment "D°by designating at least three agents to execute any Requests for Reimbursement,certifications,or other necessary documentation on behalf of the Sub-Recipient. Attachment D must be completed electronically and submitted via email to roa.helo@em.myfiorida.com. After execution of this Agreement,the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. g. In the event the Sub-Recipient contacts have not been updated regularly and all three (3)Agents have separated from the Sub-Recipient's agency, a designation of authority form will be needed to change contacts. NOTE:This is very important because if contacts are not updated, notifications made from the grants management system may not be received and could result in failure to meet time periods to appeal a Federal determination. h. The Division will review all requests for reimbursement by comparing the documentation provided by the Sub-Recipient in the grants management system against a performance measure,outlined in Attachment A of this Agreement("Budget and Scope of Work"),that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. i. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a"performance goal",which is defined in 2 C.F.R. §200.76 as, 6 "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared.° It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub-Recipient "relate financial data to performance accomplishments of the Federal award." j. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub- Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 (°Compensation—personal services")and 2 C.F.R.§200.431 ("Compensation—fringe benefits"). If authorized by the Federal Awarding Agency, and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,illness,failure of the employer to provide sufficient work,or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines fringe benefits as"allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-Employee agreement,or an established policy of the Sub-Recipient in affect at the time of the disaster event. 2 C.F.R. §200.431(b)provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards;and, iii. The accounting basis(cash or accrual)selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. k. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub- Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub-Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes(at the time of the execution of this agreement:$6 for breakfast,$11 for lunch,and$19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. I. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period 7 and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. m. As defined by 2 C.F.R. §200.53, the term"improper payment' means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements;and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit or applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits,examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally,the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents,financial statements, papers,or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits,examinations,excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes)and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement,for a period of five(5)years from the date of submission of the final expenditure report. The following are the only exceptions to the five(5)year requirement: i. If any litigation, claim, or audit is started before the expiration of the five (5)- year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal Awarding Agency, cognizant agency for audit, oversight agency for audit, 8 cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal Awarding Agency or pass-through entity, the (five) 5-year retention requirement is not • applicable to the Sub-Recipient. v. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement,the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal Awarding Agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303,the Sub-Recipient shall take reasonable measures to safeguard protected personal identifiable information and other information the Federal Awarding Agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, State, Local,and Tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the 9 Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity,then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus,to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the State and Local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency), in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge, qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity,the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs,in a form sufficient to determine compliance with the requirements and objectives of Attachments A and B to this Agreement("Budget and Scope of Work"and"Program Statutes and Regulations"respectively), and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. 10 b. In accounting for the receipt and expenditure of funds under this Agreement,the Sub- Recipient shall follow Generally Accepted Accounting Principles("GAAP"). As defined by 2 C.F.R.§200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board(GASB)and the Financial Accounting Standards Board(FASB)." C. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R.§200.50,GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States,which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement,the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor,which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.caov/fac/collect/ddeindex_html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 11 (12) REPQRTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and any applicable close-out reports. These reports shall include the current status and progress by the Sub-Recipient and, as applicable, all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. Reporting Time Period y Subgrantee Report Submittal Deadline Quarter 1 (Q1) October 1 - December 31 January 15 Quarter 2Q2 ( ) January 1 — March 31 April 15 Quarter 3 (Q3) April 1 —June 30 July 15 Quarter 4Q4 ( ) July 1 —September 30 October 15 b. Quarterly reports are due to the Division no later than fifteen(15)days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31,June 30, September 30 and December 31. c. The closeout report is due sixty (60)days after termination of this Agreement or sixty (60)days after completion of the activities contained in this Agreement,whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division,then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph(16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with Attachment A to this Agreement ("Budget and Scope of Work"). e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information as required by the Federal Awarding Agency or the Division. (13)MONITORING a. The Division shall monitor the performance of the Sub-Recipient under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods,and other performance goals are being achieved. 12 A review shall be done for each function or activity in Attachment A to this Agreement("Budget and Scope of Work")and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope reviews, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that an audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub- Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub-Recipient is a State agency or subdivision,as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. As required by section 768.28(19),Florida Statutes,any Sub-Recipient which is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-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 any contract. (15) DEFAULT If any of the following events occur("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies as set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies,and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any 13 previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement,and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information;or d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs,then the Division shall, after thirty(30)days of providing written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty(30)days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty(30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph(3) herein. b. Begin 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. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance; ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question;or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. 14 (17)TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion,that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty(30) days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may,to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18) PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). For this event, FEMA recognizes that noncompetitive procurements may be necessary to save lives,to protect property and public health and to ensure public safety, as well as to lessen or avert the threat of a catastrophe." The President's unprecedented Nationwide Emergency Declaration and the Secretary of Health and Human Services' (HHS) declaration of a Public Health Emergency for COVID-19 establish that exigent and emergency circumstances currently exist. For the duration of the Public Health Emergency, which began January 27, 2020 as determined by HHS, local governments,tribal governments,nonprofits,and other non-state entities may proceed with new and existing noncompetitively procured contracts in order to protect property and public health and safety,or to lessen or avert the threats created by emergency situations for 1)Emergency protective measures under FEMA's Public Assistance Program and 2) Use of FEMA non-disaster grant funds by non-state recipients and sub-recipients to respond to or address COVID-19. b. If the Sub-Recipient contracts with any contractor or vendor for performance of 15 any portion of the work required under this Agreement,the Sub-Recipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors,the Division, its employees and/or their contractors,and the Sub-Recipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. c. The Sub-Recipient shall monitor and document, in the Attachment J of this Agreement ("Quarterly Report"), the contractor's progress in performing its work on its behalf under this Agreement in addition to its own progress. d. The Sub-Recipient shall ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes. e. The Sub-Recipient may request guidance concerning procurement activity from the Division,but shall also use its own judgment to determine compliance with all applicable rules and statutes. (19) PAYMENTS a. Requests for Reimbursement (RFR) serve as invoices for the purposes of section 215.422, Florida Statutes and shall include the supporting documentation for all costs of the project or services in detail sufficient for a proper pre-audit and post-audit thereof. The final RFR shall be submitted within thirty (30) days after the expiration date of the agreement or completion of applicable Project, whichever occurs first. b. Any advance payment made under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account unless otherwise governed by a program specific waiver. If an advance payment is requested, the budget data upon which the request is based, and a justification statement shall be submitted along with this agreement at the time of execution by completing Attachment H of this Agreement ("Justification of Advance Payment"). The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier within thirty (30) days, along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. c. If the necessary funds are not available to fund this Agreement, as a result of action by the United States Congress,the Federal Office of Management and Budgeting,the State Chief Financial Officer or under subparagraph (9)b of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty(30)days of receiving notice from the Division. 16 (20)EXPEDITED PROJECTS The Division and the Federal Awarding Agency have established an Expedited Projects Program in order to help affected counties, municipalities, and private-non-profits recover from COVID-19. This program provides funding for 50% of the eligible scope of work for project versions of selected Expedited Category B projects. These amounts will be subject to the cost sharing requirements applicable for the disaster. a. PROGRAM REQUIREMENTS Each eligible Sub-Recipient can request to include Category B: Emergency Protective Measures projects in this expedited program. The work claimed must have been performed during the Public Health Emergency. FEMA makes the final eligibility determination regarding project work and costs under the Expedited Program. In order to be eligible for this funding, these projects must be a "large" project with eligible scope of work totaling$131,100 or more. b. FUNDING Funding will be provided at 50%of estimated costs incurred through an eligible scope of work for included projects,during the periods of performance. Any and all expedited projects will ultimately require a full validation through the grants management process for all costs incurred. c. PARTICIPATION NOTIFICATION The Sub-Recipient is responsible for notifying the State Public Assistance Officer (SPAO) of its intent to participate in the program. The Sub-Recipient notifies the SPAO by submitting the notification of their intention to participate via email to ExeditedProiectsu'.em.myflorida.com and the SPAO will then notify FEMA . Once that email correspondence is made, the project development will be tracked through Grants Portal and all payments will be made using the workflows in FDEM's Grants Management System. (21) REPAYMENTS a. All refunds or repayments due to the Division under this agreement are due no later than thirty(30)days from notification by the Division of funds due. b. As a condition of funding under this Agreement, the Sub-Recipient agrees that the Recipient may withhold funds otherwise payable to the Sub-Recipient from any disbursement to the Recipient, by the Federal Awarding Agency or any other source, upon a determination by the Recipient or the Federal Awarding Agency that funds exceeding the eligible costs have been disbursed to the Sub- Recipient pursuant to this Agreement or any other funding agreement administered by the Recipient. The Sub-Recipient understands and agrees that the Recipient may offset any funds due and payable to the Sub-Recipient until the debt to the State is satisfied. In such event, the Recipient will notify the Sub- Recipient via the entry of notes in its grants management system. c. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", must include the invoice number and the 17 applicable Disaster and Project number(s)that are the subject of the invoice, and be mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 d. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, the Sub-Recipient shall pay the Division a service fee of$15.00 or 5%of the face amount of the returned check or draft;whichever is greater. (22)MANDATED CONDITIONS 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 Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of the said information,representations,and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty(30)days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-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 be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans with Disabilities Act(Public Law 101-336,42 U.S.C. Section 12101 et seq.),which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and Local government services, and telecommunications. e. Those who have 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 18 $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which receives funds under this Agreement from the Federal government, certifies,to the best of its knowledge and belief,that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; ii. Have not,within a five(5)-year period preceding this proposal,been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(Federal, State or Local)with commission of any offenses enumerated in paragraph (22)f. ii. of this certification; and, iv. Have not, within a five(5)-year period preceding this Agreement, had one or more public transactions (Federal, State or Local) terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition,the Sub-Recipient shall send to the Division (by email to the assigned grant manager) the completed Attachment C of this Agreement ("Certification Regarding Debarment") for the Sub-Recipient and a screenshot reflecting such self-check via the Federal System for Award Management (SAM) clearinghouse through the website www.sam.gov. Sub-Recipient shall also perform this check for any and all intended contractor or subcontractor which Sub-Recipient plans to fund under this Agreement. A screenshot of the clearinghouse results for each intended contractor or subcontractor should be maintained by the Sub-Recipient and provided to the Division upon request. The check must be completed before the Sub-Recipient enters into a contract covering the scope of work outlined in the PWs with any contractor or subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount unless otherwise governed by program specific waiver. 19 k. 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 1324a(e)[Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. This provision is only applicable to subrecipients receiving a state cost share. m. The Division may, at its option,terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5),F.S.,or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23)LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making 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. 20 ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,"in accordance with its instructions. iii. The Sub-Recipient shall require that 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 Sub-Recipients shall certify and disclose accordingly. iv. 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 $100,000 for each such failure. (24)COPYRIGHT,PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA;AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB- RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement,or in any way connected with it,the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books,manuals,films,or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty(30)days of execution of this Agreement,the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such 21 property exists. The Division shall then,under Paragraph(24)b.,have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law,then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license,for its use and the use of its contractors of any resulting patented,copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its goveming body has authorized the execution and acceptance of this Agreement. The Sub- Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub- Recipient to the terms of this Agreement. (26)NONDISCRIMINATION BY CONTRACTORS Pursuant to 44 C.F.R. §§7 and 16, and 44 C.F.R. §206.11, the Sub-Recipient must undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement. The Sub-Recipient is also subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R. § 17. (27)ASSURANCES The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment E to this Agreement("Statement of Assurances"). (28)DUPLICATION OF BENEFITS PROHIBITED a. The Sub-Recipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source whatsoever. b. The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Sub-Recipient has received payment from the Recipient. c. The Sub-Recipient agrees to notify the Recipient in writing within thirty(30)days of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the source,which could reasonably be considered as duplicate benefits. d. In the event the Recipient determines the Sub-Recipient has received duplicate 22 benefits, the Sub-Recipient gives the Grantee/Recipient the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Sub- Recipient,and to use such remedies as may be available administratively or at law to recover such benefits. (29)ATTACHMENTS a. AD attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 —Funding Sources ii. Attachment A—Budget and Project List iii. Attachment B—Scope of Work, Deliverables,and Financial Consequences iv. Attachment C—Certification Regarding Debarment v. Attachment D—Designation of Authority vi. Attachment E—Statement of Assurances vii. Attachment F—Election to Participate in PA Alternative Procedures(PAAP) viii. Attachment G—Public Assistance Program Guidance ix. Attachment H—Federal Funding Accountability and Transparency Act (FFATA) Reporting x. Attachment I—Mandatory Contract Provisions xi. Attachment J—DHS OIG Audit Issues and Acknowledgement xii. Attachment K—Justification for Advance Payment 23 Agreement Number: Z2099 IN WITNESS WHEREOF,the parties hereto have executed this Agreement. SUB-RECIPIENT: Boynton Beach,City of `� By: ? 'yt Name: LO Lek VQ W l e_tiRQ Title: 0\aN t, 21R, Date: 314\2.0 2-0 FEID# 59-6000282 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Jared Moskowitz, Director Date: 24 EXHIBIT—1 FUNDING SOURCES THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic Assistance: 97.036 Amount of Federal Funding: $ THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 44 C.F.R. Part 206 • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended,42 U.S.C. 5121 et seq., and Related Authorities • FEMA Public Assistance Program and Policy Guide, 2018 V3.1-effective for all emergencies and major disasters declared on or after August 23, 2017. o Link here: https://www.fema.gov/media-library/assets/documents/111781 Federal Program: 1. Sub-Recipient is to use funding to perform eligible activities in accordance with the Stafford Act, FEMA Public Assistance Program and Policy Guide,2018 V3.1 and approved Project Worksheet(s) (PW). Eligible work is classified into the following categories: Emergency Work Category A: Debris Removal Category B: Emergency Protective Measures Permanent Work Category C: Roads and Bridges Category D: Water Control Facilities Category E: Public Buildings and Contents Category F: Public Utilities Category G: Parks, Recreational, and other Facilities 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will be in violation of the terms of the Agreement. 25 Attachment A Budget and Project List Budget: The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s)(PW)that the Federal Emergency Management Administration(FEMA)has obligated for a Sub-Recipient at the time of execution.Subsequent PWs or revisions thereof will increase or decrease the Budget of this Agreement The PW(s)that have been obligated at the time of execution are: b.4411T6 eciplent: mon ach, Uy of --- Ica iProject Title Federal Share e State Share State' Local Share iii Tete POP 8,411 POP BW Date I - % Amount DR-u66 Total' i0.0� #0.06 . -30.04 iti.Oti __ 26 Attachment B SCOPE OF WORK,DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work FEMA has sole authority for determining eligibility of project activities and reasonableness of associated costs. The sub-recipient is required to complete all eligible Projects and submit appropriate supporting documentation for emergency protective measures, debris removal, repair or replacement of Disaster damaged facilities, as approved by FEMA. When FEMA has obligated funding for a Sub-Recipient's PW, the Division notifies the Sub-Recipient with a copy of the PW(or P2 Report). A Sub-Recipient may receive more than one PW and each will contain a separate Project. Budget and Project List—Attachment A of this Agreement will be modified quarterly, as necessary, to incorporate new PWs or PW versions. For the purpose of this Agreement,each Project will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement. Incident End Date • As of 5/21/2020 the incident is ongoing. The parties hereby agree that the end date of the incident, as determined by FEMA at a future date,will be established as the end date for this incident. Any documents or memoranda issued by FEMA establishing the end date for this incident is hereby incorporated by reference, and the parties agree to include any such documents into this agreement without any need to execute an amendment to this agreement. The parties do not agree to change any other terms in this agreement without express written approval. Deliverables For the purposes of this agreement,each project will be a standalone deliverable but may be compensated incrementally based on the Sub-recipient's expenditures. The required performance level is satisfactory completion of the project as identified in the Scope of Work, the approved PW, and subsequent PW versions, if applicable. Large Project Deliverables Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large Project costs shall be based on the percentage of completion of the individual Project. Any request for reimbursement shall provide adequate, well organized and complete source documentation to support all costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA. Requests which do not conform will be returned to the Sub-Recipient prior to acceptance for payment. Reimbursement up to 95%of the total eligible amount will be paid upon acceptance and is contingent upon: • Timely submission of Quarterly Reports(due 15 days after end of each quarter). • Timely submission of invoices(Requests for Reimbursement)and supported by documentation for all costs of the project or services in detail sufficient for a proper pre-audit and post-audit thereof. The final invoice shall be submitted within sixty (60) days after the expiration of the agreement or completion of the project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph 7 of this agreement. Adjustments to the invoicing schedule must be approved in advance in writing by the Division Grant Manager. • Timely submission of Request for Final Inspection (within ninety (90) days of project completion— for each project). • Sub-Recipient shall include a sworn Affidavit or American Institute of Architects (AIA)forms G702 and G703, as required below. o A. Affidavit. The Sub-Recipient is required to submit an Affidavit signed by the Sub- Recipient's project personnel with each reimbursement request attesting to the following: 27 the percentage of completion of the work that the reimbursement request represents, that disbursements or payments were made in accordance with all of the Agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. o B. AIA Forms G702 and G703. For construction projects where an architectural, engineering or construction management firm provides construction administration services, the Sub-Recipient shall provide a copy of the American Institute of Architects (AIA)form G702,Application and Certification for Payment,or a comparable form approved by the Division, signed by the contractor and inspection/certifying architect or engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division. Five percent(5%)of the total eligible amount(including Federal,State and Local shares)for each payment request will be retained until the final Request for Reimbursement(or backup for advance expenditure)has been verified as acceptable by the Division's Grant Manager, which must include dated certification that the Project is 100% complete. Further, all required documentation must be available in FDEM Grants Management System prior to release of the retained amount, to include permits, policies & procedures, procurement and insurance documents. At such time all required activities and documentation requirements have been verified as performed and met,the Sub-Recipient may request the total retained amount. Small Projects Deliverables Small projects will be paid upon obligation of the Project Worksheet and execution of the subgrant agreement. Sub-Recipient must initiate the Small Project Closeout in FDEM Grants Management System within thirty(30)days of completion of the project work,or no later than the period of performance end date. Small Project Closeout is initiated by logging into FDEM Grants Management System, selecting the Sub- Recipient's account, then selecting 'Create New Request', and selecting 'New Small Project Completion/Closeout'. Complete the form and 'Save'. The final action is to advance the form to the next queue for review. Financial Consequences: For any Project(PW)that the Sub-Recipient fails to complete in compliance with Federal, State and Local requirements,the Division shall withhold a portion of the funding up to the full amount. 2 CFR 200.338 and section 215.971, Florida Statutes, requires the Division, as the recipient of Federal funding,to apply financial consequences, including withholding a portion of funding up to the full amount in the event that the Sub-Recipient fails to be in compliance with Federal, State, and Local requirements, or satisfactorily perform required activities/tasks. The Division shall apply the following financial consequences in these specifically identified events: Work performed outside the Period of Performance— Based on 2 C.F.R. Section 200.309, a Sub-Recipient may be reimbursed for eligible costs incurred for work performed within the period of performance. Costs incurred as a result of work performed outside of the period of performance will be deemed not allowable and ineligible for reimbursement by the Division. If the Sub-Recipient does not anticipate finishing the work within the original period of performance, it must request a time extension and support that the work cannot be timely completed due to extenuating circumstances beyond the Sub-Recipient's control(Attachment G). Additionally, if the project is not completed within the period of performance and a time extension request was not granted,the Division will coordinate with the Federal Awarding Agency to adjust the costs obligated amount to reflect the actual allowable costs incurred during the period of performance. Failure to submit quarterly reports timely—Pursuant to 2 C.F.R.Section 328,the Division is responsible for oversight of the operations of the Federal award supported activities. Section 215.971, Florida Statutes provides the Division must monitor the activities performed under Federal awards to assure compliance with applicable Federal and State requirements and gain assurances that performance expectations are 28 being achieved. Paragraph(12)of the subgrant agreement requires the Sub-Recipient to submit a quarterly report that identifies the progress made on the project and will at a minimum include details regarding the status of all work in progress, work that has been completed,and work that has yet to begin. All work must be performed and completed in accordance with the Scope of Work. The report will also provide a detailed breakdown that supports the expenditure of funds under this Agreement, as well as any other information requested by the Division. These reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. In the event that a Sub-Recipient fails to timely submit this report, the Division will enforce the following: • Withhold 0.1 percent of the entire eligible amount obligated every day the report is late OR • Withhold$500.00, whichever is less. The Division retains the right to impose financial consequences for instances of non-performance or non- compliance not specifically addressed in this section. 29 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION With respect to any Sub-recipient of the State,which receives funds under this Agreement from the Federal government,to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the five-year period preceding entering into this Agreement had one or more public transactions(Federal, State, or Local)terminated for cause or default; and 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local)transaction or a contract under public transaction, or b) violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. The Sub-recipient understands and agrees that the language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans,and cooperative agreements) and that all contractors and sub-contractors must certify and disclose accordingly. The Sub-recipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Sub-recipient further understands that submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 1 8 ovii•Ao Ecte\I = sre Sign: ` 9 Sub-Recipient's Name LOW\ NONOtgi IZAt, Ci 'Vj111,Q01,6 2 2.0qa Name and Title DEM Contract Number R . Oc€c N v StrAddress City,Stat, Zip 4.5 Date 30 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Sub-Recipient's Primary Agent and Alternate Agent to access the FDEM Grants Management System in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachment "D"to the PA Funding Agreement for each disaster or emergency declaration. Subsequently,the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the State team; a note should be entered in FDEM Grants Management System if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted,all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FDEM Grants Management System as the contacts listed are replaced in the system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Instructions for Completion Complete the form in its entirety,listing the name and information for all representatives who will be working in the FDEM Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FDEM Grants Management System within twelve (12)hours of being notified or their account will lock them out. Each user must log in within a sixty(60)day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent"—This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed, and this person will have full access/authority unless otherwise requested). Block 2: `Primary Agent" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in FDEM Grants Management System. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed, and this contact will have full access). Block 3: "Alternate Agent"—This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed, and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management-Insurance, and Environmental- Historic). Providing these contacts is essential in the coordination and communication required between State and Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7—12: "Other"(Read Only Access)—There is no limit on "Other" contacts, but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read-Only" designation cannot take any action in FDEM Grants Management System. 31 DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Box 1: Authorized Agent(Full Access) Box 2: Primary Agent(Full Access) Agent's Name Agent's Name i t DLV ik'k1. � AN�'t10N .1>Y3V1 °A Signature . Signature4 n ,� - -w,# t OA( D.7'\ Organization/s ositi 1 V 1 Ql Organization/Official Pos. a Mailing Address Y t, Mailing Address f �/� , I l ( 5, ©�.�a ,) niikv*Ae. 100 C. CkaN v'�`ren i City,State,Zip t a 18Q..�ey` 3 4t%' Com,Ste,Zip �c p ^ = '"4 , -k 3435 Daytime Telephone '6r 7/ 2- Co`v Daytime Telephone 5 t, ` -- 9, 6,31 - E-mail Address LE-mail Address Olt -r VeAtillEsa -t. v )c\.U-5av1ddsc>ria&1914(' Box 3: Alternate Agent(Full Access) Box 4: Other-Finance/Point of Contact(Full Access) Agent's Name Official's Name i M Signature Signature v ilk '* Organization/Official Position Organization/O rcut '•sition � ,"iQ/uce t,N\Peekv+k. Mailing Address MailingAddress bd C�,ecm 1'rervw2._ City,State,Zip City,State,Zip WI Ip Daytirtre Telephone "' N -C 1 Fv. 33 �J Daytime Telephone 4 G 3 t 2, E-mail Address E-mail Address Box 5: Other-Risk Mgmt-Insurance(Full Access) Box 6:Other-Environmental-Historic(Full Access) Agent's Name Agent's Name Signature Signature Organization/Official Position I Organization/Official Position Mailing Address Mailing Address City,State,Zip - City,State,Zip Daytime Telephone Daytime Telephone E-mail Address - E-mail Address The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-grantee for the purpose of obtaining certain Grantee and Federal financial assistance under the Robert T.Stafford Disaster Relief&Emergency Assistance Act,(Public Law 93-288 as amended)or otherwise available.These agents are authorized to represent and act for the Sub-Grantee in all dealings with the State of Florida, Grantee,for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-grantee.Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. iC21°. ,.. . - ,.1:4•A_ ligL4.4.‘44°- ,...---__ _ ____-- _ _ _ Sub-Grantee Authorized Agent Signature Date 32 DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone - _ Daytime Telephone E-mail Address E-mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent's Name Official's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Sub-Grantee's Fiscal Year(FY)Start: Month: oe,'y-pk,€& Day: t Sub-Grantee's Federal Employer's Identification Number(BIN) 1q - C 000 2...g Z. Sub-Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub-Grantee's: FIPS Number(If Known) 09A - Dl g15 C)0 ��� �✓ NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover.Updates may be made by email to the state team assigned to your account A new form will only be needed if all authorized representatives have separated from your agency.Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace,not supplement,the contacts on the previous list. 33 Attachment E STATEMENT OF ASSURANCES 1) The Sub-Recipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines,and requirements, including but not limited to OMB Circulars No.A-21,A-87,A-110,A- 122,and A-128; E.O. 12372;and Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200;that govern the application, acceptance and use of Federal funds for this Federally-assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Sub-Recipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub-Recipient's governing body,authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Sub- Recipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. §206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Sub-Recipient further assures it will: a. Have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not, it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s)for the project or undertake other activities until the conditions of the grant program(s)have been met,all contracts meet Federal, State,and Local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to the approved plans and specifications,and will furnish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds,whichever is longer. f. Provide without cost to the United States and the Grantee/Recipient all lands, easements and rights-of-way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family,business,or other ties. 34 h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. Consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and, ii. By complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. i. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. j. With respect to demolition activities: i. Create and make available documentation sufficient to demonstrate that the Sub-Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. Return the property to its natural state as though no improvements had been contained thereon; iii. Furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Sub-Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the appropriate County Health Department; iv. Provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. Provide supervision over contractors or employees employed by the Sub- Recipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. Leave the demolished site clean, level, and free of debris; vii. Notify the Grantee/Recipient promptly of any unusual existing condition which hampers the contractors work; viii. Obtain all required permits; ix. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; xi. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and, xii. Provide documentation of public notices for demolition activities. k. Require facilities to be designed to comply with the"American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified. The Sub-Recipient will be 35 responsible for conducting inspections to ensure compliance with these specifications by the contractor. I. Provide an Equal Employment Opportunity Program,if required to maintain one,where the application is for$500,0000 or more. m. Return overpaid funds within the forty-five(45) day requirement, and if unable to pay within the required time period, begin working with the Grantee/Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds,forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Sub-Recipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501,et. seq.which limit certain political activities of employees of a State or Local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on Federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed workweek. g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for"kick-backs" of wages in Federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements,and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973,which requires that on and after March 2, '1975, the purchase of flood insurance in communities where such insurance is available,as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate,subsidy, disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. 36 j. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification(ICC). The State's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. k. Applicable provisions of Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Sub-Recipients and contractors. I. Provisions of 28 C.F.R.applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead-based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act(ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations;and Department of Justice regulations on disability discrimination, and assure the compliance of all its Sub-Recipients and contractors. p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964 (P.L. 83- 352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall, on the ground of race,color,or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub-Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Sub-Recipient, this assurance shall obligate the Sub-Recipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. 37 t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. u. The provisions of all Executive Orders including but not limited to: i. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto,which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. ii. EO 11514(NEPA). iii. EO 11738(violating facilities). iv. EO 11988(Floodplain Management). v. EO 11990(Wetlands). vi. EO 12898(Environmental Justice). For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug-Free Workplace Act of 1988. This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Sub-Recipient by FEMA. The Sub-Recipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Sub-Recipient, its successors, transferees, and assignees. FOR THE SUBGRANTEE/SUB-RECIPIENT: (-73C0)r 'At" 014:4A-1)-64441 Signature OA) LGUVO(Ki eA42- 1 \IA aNahly SIIVA\2026 Printed Name and Title Date 38 Attachment F Public Assistance Alternative Procedures for Permanent Work Pilot (Version 4) FEMA Recovery Policy FP 104-009-7 BACKGROUND Section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (Stafford Act)1 authorizes FEMA to award Public Assistance (PA) funding based on fixed estimates. This version 4 of the Public Assistance Alternative Procedures for Permanent Work Pilot (Pilot) policy supersedes version 3 and the Alternative Procedures Project language in Chapter 2.VII.G of the Public Assistance Program and Policy Guide2(PAPPG). All other portions of the PAPPG apply except where specifically stated otherwise. PURPOSE The purpose of this policy is to define the framework and requirements to ensure appropriate and consistent implementation. PRINCIPLES A. Increase flexibility in the administration of such assistance by allowing Applicants to use funds in a manner that best meets their specific needs for recovery, long-term resiliency, and future preparedness. B. Simplify the delivery of assistance and reduce administrative costs associated withPA projects. REQUIREMENTS A. FIXED-COST OFFER ACCEPTANCE Outcome: Enable Applicants to drive their own recovery. 1. FEMA and the Recipient will work with the Applicant to formulate disaster-related damage into projects and reach agreement on the eligible scopes of work (SOW) for allPermanent Work projects. Once agreement is reached on the disaster-related damage and eligible SOW, FEMA or the Applicant will develop a cost estimate in accordance with Section G, Cost Estimates. 2. After the cost estimate is developed by FEMA or developed by the Applicant and validated by FEMA as being reasonable and eligible based on the work required to address the disaster-related damage, FEMA will transmit a fixed-cost offer via its Grants Manager/Portal to the Applicant for acceptance. ' Robert T. Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C. § 5121, et seq., as amended. 2 www.fema.,,ov/media-library_/assets/documents/111781 39 3. The total fixed-cost amount is established based on the aggregate of: a. The estimated cost to restore disaster damaged facilities to pre-disaster design(size and capacity) and function in accordance with eligible codes and standards;and b. The estimated cost for cost-effective hazard mitigation measures associated with the actual restoration SOW to be implemented. 4. If the Applicant accepts the fixed-cost offer for a Large Project, it is considered a Pilot Project and the Applicant will: a. Not be required to rebuild the facilities back to what existed prior to the disaster b. Be allowed to share funds across all of its Pilot Projects. c. Not be required to track costs to specific work items. d. Not be required to track costs or work to specific Pilot Projects since funds can be shared across all of its Pilot Projects. e. Be allowed to retain and use excess funds to reduce risk and improve future disaster operations (subject to timely closeout). f. Be eligible for cost-effective hazard mitigation on replacement projects. B. DEADLINES Outcome: Increase speed of recovery through timely agreement on fixed-cost offers. 1. Applicants have no more than 18 months from the disaster declaration date to: a. Determine the actual SOW and hazard mitigation measures to be implemented; and b. Accept a fixed-cost offer for each project (also subject to 30-day deadline from receipt, see 6.2). 2. Each time FEMA transmits a fixed-cost offer, the Recipient and Applicant will have a combined total of 30 calendar days from the date of FEMA's transmittal of the fixed-cost offer to accept the offer (not to exceed the 18-month deadline). Any projects without accepted fixed-cost offers by the 30-day and 18-month deadlines will be processed using standard PA policies and procedures and funded in accordance with Title 44 Code of Federal Regulations §206.205. 3. Time extensions to accept fixed-cost offers must be approved by FEMA's Assistant Administrator for Recovery. C. HAZARD MITIGATION Outcome: Promote resiliency through inclusion of hazard mitigation. 1. When the Applicant is restoring a facility to pre-disaster function, size, capacity, and location, FEMA evaluates the proposed hazard mitigation SOW and cost-effectiveness based on the criteria in Chapter 2.VII.0 of the PAPPG. 2. When the Applicant is restoring the function, but changing the pre-disaster capacity of a facility (Improved Project), the proposed hazard mitigation SOW is developed based onthe actual SOW to be implemented; however, the cost-effectiveness is evaluated based on the fixed-cost amount accepted for the pre-disaster restoration SOW. If the capacity is 40 increased, the proposed hazard mitigation SOW and cost is limited to the SOW and cost necessary to mitigate to the pre-disaster capacity of the damaged facility. 3. Applicants must complete the approved hazard mitigation in order to retain the fixed-cost amount accepted for hazard mitigation. D. USE OF FUNDS Outcome: Increase effectiveness of assistance through increased flexibility and expanded use of funds. 1. Applicants may use fixed-cost funds, including any excess funds across all Pilot Projects. 2. Applicants may request to use fixed-cost funds for any of the activities defined as eligible under the Use of Fixed-Cost Funds column in the table below. Once FEMA approves and the Applicant completes the SOW associated with these activities, the Applicant may use any excess funds for the expanded list of eligible activities listed under the Use of Excess Funds column. 3. Any excess funds remaining after the approved SOW is complete may be used for cost- effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster, and activities that improve future PA operations or planning. The Applicant must submit a proposed SOW for use of any excess funds, along with a project timeline to the Recipient within 90 days of the date the last Alternative Procedures Project was completed. The Recipient must forward the request to FEMA within 180 days of date the last Alternative Procedures Project was completed. FEMA will evaluate the proposed use of excess funds for reasonableness to ensure prudent use of funds. FEMA will also evaluate the submitted project timeline and approve an appropriate deadline for project completion, not to exceed the overall disaster period of performance. 4. The following table lists examples of eligible and ineligible types of work andcosts when using fixed-cost funds and excess funds. { Type of Work or Cost (all work or costs listed must Use of Use of otherwise be eligible for PA) Fixed-Cost Excess Funds Funds Restoration of disaster-damaged facilities and equipment Eligible _ Eligible I Restoration of disaster-damaged facilities in undeclared areas Ineligible Eligible within the same State or Tribal area Alternate Projects (e.g., purchasing equipment, Eligible Eligible constructing new facilities, improvements to , undamaged facilities such as shelters and emergency I operation centersjin declared areas i Cost-effective hazard mitigation measures for undamaged Ineligible Eligible facilities l Covering future insurance premiums, including meeting Ineligible Eligible obtain and maintain (O&M) insurance requirements, on damaged or undamaged facilities _ 41 Work on facilities that are ineligible due to a failure to Ineligible Ineligible meet previous O&M requirements Conducting or participating in training for response or recovery Ineligible Eligible activities, including Federal grants management or •rocurement courses Planning for future disaster response and recovery operations, Ineligible Eligible such as developing or updating plans (e.g., Debris Management Plans, Hazard Mitigation Plans, Pre-disaster Recovery Plans, Emergency Management/Operation Plans), integrating these plans into other plans, preparedness activities, exercises, and outreach Salaries for PA or emergency management staff. This may Ineligible Eligible include but is not limited to staff performing PA grant administration, monitoring, and closeout activities for other PA disaster grants, and staff developing or updating disaster plans Paying down debts Ineligible Ineligible Covering operating expenses 6g Ineligible Ineligible Covering budget shortfalls Ineligible Ineligible Covering the non-Federal cost share of FEMA projects or other Ineligible Ineligible Federal awards E. SCOPE OF WORK CHANGES Outcome: Reduce administrative burden by simplifying requirements for changes to a SOW. 1. Once the SOW is approved and a fixed-cost offer is accepted: a. The Applicant must notify FEMA prior to making SOW changes that involve: i Buildings or structures that are 45 years of age or older; ii. Ground disturbing activities; or �. Work in or near waterways. b. With exception of buildings or structures that are 45 years of age or older, theApplicant does not need to notify FEMA when it intends to make changes that substantially conform to the approved SOW. Changes that substantially conform include items, such as: i. Substitutions in material type (e.g., pre-cast concrete vs. steel beam, stainless steel vs. galvanized fasteners); or a. Interior floor plan reconfigurations (e.g., adding, moving, or removing rooms/features). c. If the Applicant wishes to change the SOW to the extent that it changes the hazard mitigation, such changes must be approved within the 18-month deadline and the fixed- cost offer amount will be adjusted to reflect the revised hazard mitigation SOW. 42 F. ENVIRONMENTAL AND HISTORIC PRESERVATION Outcome: Ensure all projects are compliant with environmental and historic preservation (EHP) laws, regulations, and executive orders. 1. FEMA will conduct EHP compliance reviews on the actual SOW to be implemented. EHP review needs to occur prior to FEMA approval and prior to the Applicant starting anywork that has potential to impact the environment, historic properties, or archaeological resources. This includes, but is not limited to, demolition, site preparation, and ground disturbing activities. 2. The Applicant must comply with all applicable EHP laws, regulations, and Executive Orders in accordance with the FEMA Directive 108-1, Environmental Planning and Historic Preservation Responsibilities and Program Requirements, and accompanying Instruction. Non-compliance with EHP conditions and requirements may result in the deobligation of funds. G. COST ESTIMATES Outcome: Develop fixed-costs based on accurate cost estimates. 1. FEMA or the Applicant may develop cost estimates as follows: a. FEMA will prepare its estimates using the Cost Estimating Format (CEF) and will include the CEF contingency factor "Applicant Reserve for Change Orders." b. Applicant-submitted estimates must comply with Chapter 3.II.D of the PAPPG. FEMA will evaluate Applicant-submitted estimates using the Public Assistance: Reasonable Cost Evaluation Job Aid. This Job Aid includes a checklist in Appendix A: Validation of Applicant-Provided Cost Estimates, which FEMA will use to review and validate cost estimates: c. The estimate must be based on the current phase of design or construction inclusive of any known costs. d. If eligible work has been completed at the time the cost estimate is developed that portion of the fixed amount will be based on the actual cost. e. The cost estimate must include a reduction to account for any anticipated insurance proceeds based on the Applicant's insurance policy, or if known, the actual insurance proceeds. 2. A FEMA-funded, independent panel of cost estimating experts may review project estimates. The review will be limited to issues pertaining to the estimated cost and the panel will not make decisions related to the eligibility of work. However, it may make determinations about whether cost elements are requiredto execute the SOW. The panel may review cost documentation for completed work, if necessary. a. FEMA may request the independent panel review for any cost estimate. b. Applicants may request the panel review the estimate for any project with anestimated Federal share of at least $5 million. c. All project estimates with an estimated Federal share of$25 million or greater will be reviewed by the independent panel. 43 d. The panel will complete its review before FEMA transmits the fixed-cost offer. H. INSURANCE Outcome: Ensure FEMA assistance does not duplicate insurance proceeds. 1. Fixed-cost amounts will be reduced to avoid duplication with insurance proceeds in accordance with Chapter 2.V.P.1 of the PAPPG. This includes any necessary adjustments at closeout. 2. All insurable facilities for which funds are used (including excess funds) are subject to O&M requirements in accordance with Chapter 2.VII.A of the PAPPG. If the Applicant does not comply with the O&M requirement, FEMA will deobligate the fixed amounts related to the non-compliance and the facilities for which the Applicant failed to comply will not be eligible for future PA funding. I. CLOSEOUT REQUIREMENTS Outcome: Reduce the administrative costs associated with closeout by simplifying closeout documentation requirements and incentivize timely closeout. 1. Work must be completed by the end of the latest Pilot Project period of performance and the Recipient must certify that all incurred costs are associated with the approved SOW and that the Applicant completed all work in accordance with FEMA regulations and policies. The Recipient must submit its certification to FEMA within 180 days of the Applicant completing its last Pilot Project or the latest Pilot Project deadline, whichever occurs first, in order for the Applicant to retain and use any excess funds. 2. The closeout certification must include a final report of Pilot Project costs and documentation to support the following: a. Summary of actual work completed; b. Mitigation measures achieved, if applicable; c. Compliance with EHP requirements; d. Compliance with the O&M insurance requirement; e. Summary of total actual costs to complete the Pilot Projects; f. Compliance with Federal procurement procedures; and g. Actual insurance proceeds received. 3. Applicants do not need to track costs to specific work items. Applicants only need to substantiate and certify that all claimed costs are related to the overall work deemed eligible for the Pilot Projects. 4. Applicants must comply with the requirements of 2 CFR Part 200, including document retention. J. APPEALS FEMA will not consider appeals on a Pilot Project unless it is related to a cost adjustment made by FEMA after the fixed-cost offer is accepted (i.e., related to insurance, non-compliance, or an audit). Any disagreement on damage, SOW, or cost must be resolved 44 prior to accepting a fixed-cost offer. Additionally, time extension denials on a Pilot Project are not appealable. K. AUDITS The U.S. Department of Homeland Security's Office of Inspector General and the U.S. Government Accountability Office have authority to audit any project. Once the Applicant signs the fixed-cost offer, FEMA may still adjust funding due to audit findings. L. PILOT POLICY VERSUS STANDARD PA POLICY The following table summarizes the differences between the Alternative Procedures Pilot policy and the standard PA policy: Alternative Procedures Policy Standard Policy Fixed-cost project with use of excess funds. Actual cost project. No retention of excess funds associated with the approved estimate. May use funds across all Pilot projects. Can only use funds toward the specific work identified in each specific project. After FEMA approves a SOW, approval is only After FEMA approves a SOW, required for changes that involve buildings or approval is required for any change structures aged 45 years or older, ground to the SOW. disturbin• activities, or work in or near water. Do not need to track costs associated with Must track costs associated with all changes to the SOW. changes to the SOW. Do not need to track costs to specific work items. Must track costs specific to each Only need to track the total costs associated with work item within each individual the Pilot Pro.ects. project. Do not need to track work to specific Pilot Must track all work to each Projects. Only need to substantiate that the individual project. work is related to the approved SOW covered in the Pilot Projects. O)L6-5.„- Keith Turi Assistant Administrator, Recovery Directorate August 29, 2019 Date 45 ADDITIONAL INFORMATION REVIEW CYCLE This policy will be reviewed, reissued, revised or rescinded by the Assistant Administrator of Recovery within 4 years of the date of signature on this policy. AUTHORITIES Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended. QUESTIONS Direct questions to Tod Wells, Acting Director, Public Assistance Division, at Tod.WellsCa)fema.dhs.aov. 46 Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE 1. GRANTEE'S/RECIPIENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM Sub-Recipients must use the Grantee's/Recipient's web-based project management system,to access and exchange project information with the State throughout the project's fife. This includes processing advances, reimbursement requests, quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub-Recipient. The Sub-Recipient is required to have working knowledge of the FDEM Grants Management System. 2. PROJECT DOCUMENTATION The Sub-Recipient must maintain all source documentation supporting the project costs. To facilitate closeout and audits, the Applicant should file all documentation pertaining to each project with the corresponding PW as the permanent record of the project. In order to validate Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the FDEM Grants Management System website. Contact the grant manager with questions about how and where to upload documents, and for assistance linking common documents that apply to more than one(1) PW. The Sub-Recipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five(5)years from the date of the Sub-Recipient account closeout by FEMA. The five(5)year period is extended if any litigation, claim or audit is started before the five(5)year period expires, and extends beyond the five(5)year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at$5,000w°or more at the time it is acquired must be retained for five (5)years after final account closeout. Records relating to the acquisition of real property must be retained for five (5) years after final account closeout. 3. PROJECT AMENDMENTS Project Amendments may be requested by the Sub-Grantee/Sub-Recipient, in FDEM Grants Management System, on both small and large projects,to: 1) New Time Extension; a) Requests for Time Extensions within the Grantee/Sub-Recipient's authority b) Requests for Time Extensions not within the Grantee/Sub-Recipient's authority 2) New Project Amendment; a) Requests for Alternate Projects; and/or b) Requests for Improved Projects; and/or c) Requests for Mitigation Opportunities; and/or d) Requests for Revised Scope of Work; and/or e) Significant Cost Variance(>20%); and/or f) Use of Eligible Excess Funds 3) New Project Appeal 47 a) Applicant Appeal i) Request First Appeal; and/or ii) Request Second Appeal; and/or iii) Request Appeal via Arbitration b) Project Appeal i) Large Project Appeal (1) Request First Appeal; and/or (2) Request Second Appeal; and/or (3) Request Appeal via Arbitration ii) Small Project Appeal (1) Small Project Netting 4. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for the Sub-Recipient to certify that all work has been completed. To ensure a timely closeout process, the Sub-Recipient should notify the Recipient within sixty (60) days of Project completion. The Sub-Recipient should include the following information with its closeout request: • Certification that project is complete; • Date of project completion; and, • Copies of any Recipient time extensions. Large Projects With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final costs exceed FEMA's original approval, the final eligible amount for a Large Project is the actual documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that FEMA obligated based on an estimated amount; the Sub-Recipient should provide the documentation to support the actual costs. If the actual costs significantly differ from the estimated amount,the Sub-Recipient should provide an explanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. If the project included approved hazard mitigation measures; FEMA does not re-evaluate the cost-effectiveness of the HMP based on the final actual cost. If during the review, FEMA determines that the Sub-Recipient performed work that was not included in the approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original estimated amount, and review the additional SOW for EHP compliance. For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the funds in accordance with the eligibility criteria described in the PAPPG and guidance provided at httc://www.fema.aov/alternative-procedures and in the referenced disaster specific guidance attached hereto. Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small Project. This applies even when FEMA obligates the PW based on an estimate and actual costs for 48 completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount on individual Small Projects if one of the following conditions applies: • The Sub-Recipient did not complete the approved SOW; • The Sub-Recipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions; or, • Actual insurance proceeds differ from the amount deducted in the PW. In these cases, FEMA only adjusts the specific cost items affected. If none of the above applies,the Sub-Recipient may request additional funding if the total actual cost of all of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this case, the Sub-Recipient must request the additional funding through the appeal process,within sixty(60)days of completion of its last Small Project. FEMA refers to this as a net small project overrun appeal. The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. For COVID-19 DR-4486,projects that are under$131,100.00 are considered small projects. In coordination with FEMA, the Division will accept a self-certification of small projects in lieu of project documentation for permanent work projects(Categories C-G). The self-certification will require the applicant to certify that the damaged facility is eligible,the scope of work is eligible, and that the funds will be expended in accordance with State and Federal law. A copy of the self-certification is attached hereto. This self-certification will be completed during project development in Grants Portal prior to obligation.Once the project is obligated, the Division will reimburse the project without a request for reimbursement. However, in order to close out the project, the applicant must provide before and after photos of the project. 5. TIME EXTENSIONS FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The deadline for Emergency Work is six (6) months from the declaration date. The deadline for Permanent Work is eighteen (18) months from the declaration date. Deadlines for Completion of Work Type of Work Months Emergency Work 6 Permanent Work 18 If the Applicant determines it needs additional time to complete the project, including direct administrative tasks related to the project, it must submit a written request for a Time Extension to the Recipient with the following information: • Documentation substantiating delays beyond its control; • A detailed justification for the delay; • Status of the work; and, • The project timeline with the projected completion date. Within its discretion,set out by 44 C.F.R.§206.204,the Division will grant a time extension for all emergency work, or Category A (debris removal) and B (emergency protective measures)work, by three (3) months. This extends the period of performance for all applicants designated for Category A and B work. 49 This time extension does not apply to Permanent Work projects. For Permanent Work projects, the applicant will need to submit a time extension request via. the FDEM Grants Management System once the project is obligated by FEMA. If the Division grants the time extension request, the grant will be retroactive. It may extend Emergency Work projects by six (6) months and Permanent Work projects by thirty (30) months. FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating circumstances justify additional time. This applies to all projects with the exception of those projects for temporary facilities. FEMA generally considers the following to be extenuating circumstances beyond the Applicants control: • Permitting or EHP compliance related delays due to other agencies involved • Environmental limitations (such as short construction window) • Inclement weather(site access prohibited or adverse impact on construction) FEMA generally considers the following to be circumstances within the control of the Applicant and not justifiable for a time extension: • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • Change in administration or cost accounting system • Compilation of cost documentation Although FEMA only provides PA funding for work performed on or before the approved deadline, the Applicant must still complete the approved SOW for funding to be eligible. FEMA de-obligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved SOW and the completed work is distinct from the uncompleted work, FEMA only de-obligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only de-obligates the amount related to the facility that the Applicant did not restore. Time Extension requests should be submitted prior to current approved deadline, be specific to one project, and include the following information with supporting documentation: • Dates and provisions of all previous time extensions • Construction timeline/project schedule in support of requested time • Basis for time extension request: c Delay in obtaining permits • Permitting agencies involved and application dates o Environmental delays or limitations(e.g., short construction window, nesting seasons) • Dates of correspondence with various agencies • Specific details • Inclement weather (prolonged severe weather conditions prohibited access to the area, or adversely impacted construction) o Specific details • Other reason for delay o Specific details Submission of a Time Extension request does not automatically grant an extension to the period of performance. Without an approved Time Extension from the State of FEMA(as applicable),any expenses incurred outside the P.O.P. are ineligible. 6. INSURANCE The Sub-Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace,financial assistance from insurance coverage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Sub-Recipient further understands and agrees that if Public Assistance funding is obligated for work that is subsequently determined to be covered by 50 insurance and/or other sources of funding, FEMA must de-obligate the funds per Stafford Act Sections 101 (b)(4)and 312(c). As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252-253, for damaged facilities, the Sub-Recipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than $5,000-0°. In addition to the preceding requirements, the Sub-Recipient understands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to§311 of the Stafford Act. As stated in the Stafford Act,"Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub- Recipient to purchase and maintain insurance, where that insurance is"reasonably available, adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding. The Public Assistance Program and Policy Guide further states,"If the Applicant does not comply with the requirement to obtain and maintain insurance,FEMA will deny or de-obligate PA funds from the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not"reasonably available,adequate or necessary to protect against future loss"to an insurable facility,the Regional Administrator may modify or waive the requirement in conformity with the certification. The Sub-Recipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§206.252-253. The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Sub-recipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies,declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. 7. COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS The Sub-Recipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State, and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Sub-grantee/Sub-Recipient, and any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the local government comprehensive plan. The Sub-Recipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. The Sub-Recipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. 8. FUNDING FOR LARGE PROJECTS Although Large Project payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Sub-Recipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of all costs and will transmit the information to FEMA for its consideration for final funding adjustments (See Closeouts). The submission from the Sub-Recipient requesting this reimbursement must include: 51 a) A Request for Reimbursement(available in the FDEM Grants Management System); b) A Summary of Documentation(SOD)which is titled Reimbursement Detail Report in the FDEM Grants Management System and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to,contract documents,insurance policies,payroll records,daily work logs, invoices, purchase orders, and change orders); and, c) The FDEM Cost Claim Summary Workbook(found in the Forms section of the FDEM Grants Management System), along with copies of original documents such as contract documents, invoices,change orders,canceled checks(or other proof of expenditure), purchase orders,etc. 9. ADVANCES 1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A-87,A-110,A-122, and the Cash Management Improvement Act of 1990. 2. All advances must be held in an interest-bearing account with the interest being remitted to the Recipient as often as practicable,but not later than ten(10)business days after the close of each calendar quarter. 3. In order to prepare a Request for Advance (RFA)the Sub-Recipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Sub-Recipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 5. The Sub-Recipient must complete a Request for Reimbursement (RFR) via the FDEM Grants Management System no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 7. The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share, only if the Sub-Recipient meets the following conditions: a) The Sub-Recipient must certify to the Recipient that Sub-Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) The Sub-Recipient must submit to the Recipient the budget supporting the request. 8. The Sub-Recipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety (90)days after receipt of the Advance; 9. The Recipient may, in its sole discretion,withhold a portion of the Federal and/or nonfederal share of funding under this Agreement from the Sub-Recipient if the Recipient reasonably expects that the Sub- Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub-Recipient was improper. 52 Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment only if permissible in accordance with 2 C.F.R. § 200.305(b). Advance payments are only permissible if in compliance with 2 C.F.R.§200.305(b), and PAAP projects are no exception. 10. DESIGNATION OF AGENT The Sub-Recipient must complete Attachment D by designating at least three (3) agents to execute any Requests for Advance or Reimbursement, certifications,or other necessary documentation on behalf of the Sub-Recipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub-Recipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FDEM Grants Management System may not be received and could result in failure to meet time periods to appeal a Federal determination. 11. DUNS Q&A What is a DUNS number? The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number provided by Dun &Bradstreet(D&B). The DUNS number is site specific. Therefore,each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number. Who needs a DUNS number? Any institution that wants to submit a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization. How do I get a DUNS number? Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement applicants/prospective applicants. Call the number below between 8 a.m. and 5 p.m., local time in the 48 contiguous states and speak to a D&B representative. This process will take approximately 5—10 minutes and you will receive your DUNS number at the conclusion of the call. 1-866-705-5711 What do I need before I request a DUNS number? Before you call D&B,you will need the following pieces of information: • Legal Name • Headquarters name and ad dress for your organization • Doing business as (dba)or other name by which your organization is commonly recognized • Physical address • Mailing address(if separate from headquarters and/or physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? 53 New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications. The DUNS number will offer a way for the Federal government to better match information across all agencies. How do I see If my Institution already has a DUNS number? Call the toll-free number above and indicate that you are a Federal grant and/or cooperative agreement applicant. D&B will tell you if your organization already has a number assigned. If not, they will ask if you wish to obtain one. Should we use the+4 extension to the DUNS number? Although D&B provides the ability to use a 4-digit extension to the DUNS number, neither D&B nor the Federal government assign any importance to the extension. Benefits, if any, derived from the extension will be at your institution only. Is there anything special that we should do for multi-campus systems? Multi-campus systems can use what is called a parent DUNS number to aggregate information for the system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique grantee organization, then each campus needs to obtain their own DUNS number. What should we do if our institution has more than 1 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only that number. Are there any exceptions to the new DUNS number rules? Individuals who would personally receive a grant or cooperative agreement award from the Federal government apart from any business or non-profit organization they may operate are exempt from this requirement. Who at my institution is responsible for requesting a DUNS number? This will vary from institution to institution. This should be done by someone knowledgeable about the entire structure of your institution and who has the authority to make such decisions. Typically,this request would come from the finance/accounting department or some other department that conducts business with a large cross section of the institution. We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don't want to be included In any marketing Ilst. What can we do? Inclusion on a D&B marketing list is optional. If you do not want your name/organization included on this marketing list, request to be de-listed from D&B's marketing file when you are speaking with a D&B representative during your DUNS number telephone application. Who do we contact if we have questions? If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone number 1-866-705-5771. If you have questions concerning this new Federal-wide requirement, contact Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at sswab@omb.eop.gov. 12. Substitute Form W-9 For the purpose of this Agreement, a Sub-Recipient is also a Vendor. The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9. The purpose of a Form W-9 is to provide a Federal Taxpayer Identification Number(TIN), official entity name, a business designation(sole proprietorship,corporation, partnership, etc.), and other taxpayer information to the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting 54 are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue Service Form W-9. Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and services or make payments to any vendor that does not have a verified Substitute W-9 on file with the Department of Financial Services. Vendors are required to register and submit a Form W-9 on the State's Vendor Website at bttps://flvendor.mvfloridacfo.con1. 13. Small,Women Owned and Minority Owned Businesses 2 CFR 200.321 requires a non-Federal entity take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. These affirmative steps must include: (1)Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4)Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce;and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1)through (5)of this section. 55 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE:The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26,2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on Federal awards (Federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. The FFATA Subaward Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management("FDEM"or"Division")must use to capture and report sub-award and executive compensation data regarding first-tier subawards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This"Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a subaward (Agreement)that obligates$25,000 or more in Federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT#: FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ OBLIGATION/ACTION DATE: SUBAWARD DATE (if applicable): DUNS#: 072247133 DUNS#+4: *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form(http://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME(IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4"' ss PARENT COMPANY DUNS#(if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDA#): DESCRIPTION OF PROJECT(Up to 4000 Characters) Complete eligible Projects for repair or replacement of Disaster damaged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE(IF1FF ENT THAN PRINCIPAL PLACE OF BUSINESS): C t C IJ' � «C�"" ADDRESS LINE 1: �QQ r') VV6\lu,SL ADDRESS LINE 2: ADDRESS LINE 3: CITY ON Defottln STATE cZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. 1. In your business or organization's previous fiscal year,did your business or organization(including parent organization, all branches, and all affiliates worldwide) receive (a)80 percent or more of your annual gross revenues from Federal procurement contracts(and subcontracts)and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; AND, (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No©/ If the answer to Question f is "Yes,"continue to Question 2.If the answer to Question 1 is "No'; move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a)or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes❑ No❑ If the answer to Question 2 is"Yes,"move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 Is "No" FFATA reporting is required. Provide the Information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as"officers, managing partners, or other employees in management positions". "Total Compensation"is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: 57 i. Salary and bonus. ii. Awards of stock,stock options,and stock appreciation rights.Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans.This does not include group life,health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds$10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion Rank I Total Compensation (Highest to Name I for Most Recently Lowest) (Last.,First, MI) _ Title Completed Fiscal Year 2 r- n 3 4 5 4 - E THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: 1:4 NAME AND TITLE: )_Dt96 L0l.VVt6ZRittgQ c;'- IA&/V0- DATE: V -DATE: gk{K\2ozo 58 17.77 Attachment I ` ,; FEMA Mandatory Contract Provisions Template } CONTRACT PROVISIONS TEMPLATE FEMA Office of Chief Counsel Procurement Disaster Assistance Team 59 INTRODUCTION If a non-Federal entity(state or non-state) wants to use federal funds to pay or reimburse their expenses for equipment or services under a contract,that contract must contain the applicable clauses described in Appendix II to the Uniform Rules (Contract Provisions for Non-Federal Entity Contracts Under Federal Awards) under 2 C.F.R. §200.326. In addition,there are certain contract clauses which are recommended by FEMA. This document outlines the federally required contract provisions in addition to FEMA- recommended provisions. « For some of the required clauses, sample language or references to find sample language are provided. « Sample language for certain required clauses (remedies,termination for cause and convenience, changes) is not provided since these must be drafted in accordancewith the non-Federal entity's applicable local laws and procedures. k For the clauses which require that exact language be included,the required language is provided.Those clauses are specifically identified below. Please note that the non-Federal entity alone is responsible for ensuring that all language included in their contracts meets the requirements of 2 C.F.R. §200.326 and 2 C.F.R. Part 200, Appendix II. 60 TABLE OF CONTENTS I. TOOLS 1. CONTRACT PROVISIONS QUICK REFERENCE GUIDE 4 II. REQUIRED CONTRACT PROVISIONS 1. REMEDIES 6 2. TERMINATION FOR CAUSE AND CONVENIENCE 6 3. EQUAL EMPLOYMENT OPPORTUNITY 6 4. DAVIS BACON ACT 10 5. COPELAND ANTI-KICKBACK ACT 11 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 13 7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT... 14 8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT... 15 9. DEBARMENT AND SUSPENSION 16 10. BYRD ANTI-LOBBYING AMENDMENT 18 11. PROCUREMENT OF RECOVERED MATERIALS 21 III. FEMA-RECOMMENDED CONTRACT PROVISIONS 1. ACCESS TO RECORDS 22 2. CHANGES/MODIFICATIONS 23 3. NON-USE OF DHS SEAL, LOGO,AND FLAGS 23 4. COMPLIANCE WITH FEDERAL LAW, REGULATIONS,AND EXECUTIVE ORDERS24 5. NO OBLIGATION BY THE FEDERAL GOVERNMENT 24 6. PROGRAM FRAUD AND FALSE/FRADULENT STATEMENTS OR RELATED ACTS25 61 Required Contract Provisions: Quick Reference Guide _ KEY Required/Recommended Provision 0 Required/Recommended Provision and Required Exact Language 0 Not Required for PA Awards(Grants) 0 _�___. —' _ Required Provision Contract Criteria Sample Language? 1. ILegai/contractual/administrative - >Simplified Acquisition No. It is based on applicant's +remedies for breach of contract Threshold($250k) procedures. 2. Termination for cause or >$lOk No. It is based on applicant's ,convenience procedures. 3. Equal Employment Opportunity Construction work Yes.41 CFR Part 60-1.4(b) 4. Davis Bacon Act Construction work Not applicable to PA grants 5. Copeland Anti-Kickback Act Construction work>$2k Not applicable to PA grants Contract Work Hours and Safety >$100k+ mechanics or 6' Standards Act , laborers Yes.29 CFR 5.5(b) 7. Rights to inventions made under a Funding agreement Not applicable to PA grants contract or agreement Clean Air Act and Federal Water 8. Control Act >$150k Yes __ 9. Debarment and Suspension All Yes 10. Byrd Anti-Lobbying Amendment All Yes.Clause and certification (>$100k:Certification) Applicant is a state or 11. Procurement of Recovered political subdivision of a Materials state.Work involves the use i Yes of materials. 62 Recommended Contract Provisions: Quick Reference Guide Recommended Provision Contract Criteria Sample Language? 1. Access to Records All Yes 2 Contract Changes or All No.It depends on nature of contract Modifications and end-item procured. 3. DHS Seal,Logo, and Flags All Yes 4 Compliance with Federal Law, All Regulations and Executive Orders Yes S No Obligation by Federal All Government Yes Program Fraud and False or 6. Fraudulent Statements or Related All { Yes Acts — — 63 REQUIRED CONTRACT PROVISIONS 1. REMEDIES a. Standard. Contracts for more than the simplified acquisition threshold, currently set at$250,000, must address administrative,contractual, or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II(A). b. Applicability.This requirement applies to all FEMA grant and cooperative agreement programs. 2. TERMINATION FOR CAUSE AND CONVENIENCE a. Standard.All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity,including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B). b. Applicability.This requirement applies to all FEMA grant and cooperative agreement programs. 3. EQUAL EMPLOYMENT OPPORTUNITY If applicable,exact language below in subsection 3.d is required. a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract"in 41 C.F.R. §60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4(b), in accordance with Executive Order 11246,Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C). 64 b. Key Definitions. i. Federally Assisted Construction Contract.The regulation at 41 C.F.R. § 60- 1.3 defines a "federally assisted construction contract"as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant,contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant,contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. ii. Construction Work.The regulation at 41 C.F.R. §60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways,or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection,and other onsite functions incidental to the actual construction. c. Applicability.This requirement applies to all FEMA grant and cooperative agreement programs. d. Required Language.The regulation at 41 C.F.R. Part 60-1.4(b)requires the insertion of the following contract clause. During the performance of this contract, the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race,color, religion, sex,sexual orientation, gender identity,or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion,sex, sexual orientation,gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for 65 employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation,gender identity, or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures 66 authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8)The contractor will include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs(1)through(8) in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government,the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance,and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for,Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon 67 contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition,the applicant agrees that if it fails or refuses to comply with these undertakings,the administering agency may take any or all of the following actions: Cancel, terminate,or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 4. DAVIS-BACON ACT a. Standard. All prime construction contracts in excess of$2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction).See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. b. Applicability.The Davis-Bacon Act only applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program,Tribal Homeland Security Grant Program, Port Security Grant Program,and Transit Security Grant Program It DOES NOT apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. c. Requirements. If applicable,the non-federal entity must do the following: i. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. ii. Additionally, pursuant 2 C.F.R. Part 200,Appendix II(D),contracts subject to the Davis-Bacon Act, must also include a provision for compliance with 68 the Copeland "Anti-Kickback"Act(40 U.S.C. §3145),as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States).The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non- Federal entity must report all suspected or reported violations to FEMA. iii. Include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). Suggested Language.The following provides a sample contract clause: Compliance with the Davis-Bacon Act. a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act(40 U.S.C. 3141- 3144,and 3146-3148)and the requirements of 29 C.F.R. pt. 5 as may be applicable.The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, contractors are required to pay wages not less than once a week. 5. COPELAND ANTI-KICKBACK ACT a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part 3, "Contractorsand Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). 69 b. Applicability.This requirement applies to all contracts for construction or repair work above$2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program. c. Requirements. If applicable,the non-federal entity must include a provision for compliance with the Copeland "Anti-Kickback" Act(40 U.S.C. § 3145),as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period.The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period,to a representative of a Federal or State agency in charge at the site of the building or work. Sample Language.The following provides a sample contract clause: Compliance with the Copeland "Anti-Kickback"Act. a. Contractor.The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. §3145, and the requirements of 29 C.F.R. pt.3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor orlower tier subcontractor with all of these contract clauses. c. Breach.A breach of the contract clauses above may be grounds for termination of the contract, and for debarment 70 as a contractor and subcontractor as provided in 29 C.F.R. § 5.12." 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200,Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 4.0 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. b. Applicability.This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of$100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work.These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. C. Suggested Language.The regulation at 29 C.F.R. §5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause: Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 71 (2) Violation;liability for unpaid wages;liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,employed in violation of the clause set forth in paragraph(b)(1)of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1)of this section. (3) Withholding for unpaid wages and liquidated damages. The(write in the name of the Federal agency or the loan or grant recipient)shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2)of this section. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1)through (4)of thissection and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through (4) of this section. 7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT a. Standard. If the FEMA award meets the definition of"funding agreement" under 37C.F.R. §401.2(a)and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,"the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401(Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under 72 Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200,Appendix II(F). b. Applicability.This requirement applies to"funding agreements," but it DOLS NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program,and Federal Assistance to Individuals and Households—Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of "fundingagreement." c. Funding Agreements Definition.The regulation at 37 C.F.R. §401.2(a)defines "funding agreement"as any contract, grant, or cooperative agreement entered into between any Federal agency,other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government.This term also includes any assignment, substitution of parties,or subcontract of any type entered into for the performance of experimental,developmental,or research work under a funding agreement as defined in the first sentence of this paragraph. 8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards,orders,or regulations issued pursuant to the Clean Air Act(42 U.S.C.§§7401-7671q.)and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency.See 2 C.F.R. Part 200,Appendix II(G). b. Applicability.This requirement applies to contracts awarded by a non-federal entity of amounts in excess of$150,000 under a federal grant. c. Suggested Language. The following provides a sample contract clause. Clean Air Act 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as 73 amended,42 U.S.C. §7401 et seq. 2. The contractor agrees to report each violation to the(name of applicant entering into the contract)and understands and agrees that the (name of the applicant entering into the contract)will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency,and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the(name of the applicant entering into the contract)and understands and agrees that the (name of the applicant entering into the contract)will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA. 9. DEBARMENT AND SUSPENSION a. Standard. Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension(1986)and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000(Nonprocurement Debarment andSuspension). b. Applicability.This requirement applies to all FEMA grant and cooperative 74 agreement programs. c. Requirements. i. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities._ See 2 C.F.R. Part 200,Appendix II(H);and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions.SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.SAM exclusions can be accessed at www.sam.c:ov.See 2 C.F.R. §180.530. ii. In general, an"excluded"party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction,"to include subawards and subcontracts.This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any nonprocurement transaction (unless excepted)at either a "primary"or"secondary" tier. Although"covered transactions" do not include contracts awarded by the Federal Government for purposes of the nonprocurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipients. iii. Specifically,a covered transaction includes the following contracts for goods or services: 1. The contract is awarded by a recipient or subrecipient in the amount of at least$25,000. 2. The contract requires the approval of FEMA, regardless of amount. 3. The contract is for federally-required audit services. 4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000. d. Suggested Language.The following provides a debarment and suspension 75 clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.3000.As such,the contractor is required to verify that none of the contractor's principals(defined at 2 C.F.R. § 180.995)or its affiliates (defined at 2 C.F.R.§ 180.905)are excluded(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180,subpart C and2 C.F.R. pt. 3000,subpart C,and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by(insert name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,subpart C, in addition to remedies available to(insert name of recipient/subrecipient/applicant),the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BYRD ANTI-LOBBYING AMENDMENT a. Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress,or an employee of a Member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. § 1352. FEMA's regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose anylobbying with non-Federal funds that takes place in connection with obtaining any 76 Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency. b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of$100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix 11(1); 31 U.S.C. § 1352;and 44 C.F.R. Part 18. c. Suggested Language. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. d. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification. APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal 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 an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any 77 Federal grant,the making 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 an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant, loan, or cooperative agreement,the undersigned shall 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 shall certify and discloseaccordingly, 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$100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracyof each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.Chap. 38,Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 78 11. PROCUREMENT OF RECOVERED MATERIALS a. Standard.A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 ofthe Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200,Appendix II(J); and 2 C.F.R. §200.322. b. Applicability.This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs. c. Requirements.The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R.Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. Suggested Language. i. In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing forcompliance with the contract performance schedule; 2. Meeting contract performance requirements;or 3. At a reasonable price. ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smmicomprehensive- procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." 79 RECOMMENDED CONTRACT PROVISIONS The Uniform Rules authorize FEMA to require additional provisions for non-Federal entity contracts.Although FEMA does not currently require additional provisions, FEMA recommends the following: 1. ACCESS TO RECORDS a. Standard.All recipients, subrecipients, successors,transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records,accounts,and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary,as required by DHS regulations and other applicable laws or program guidance.See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local,tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General. b. Suggested Language. Access to Records.The following access to records requirements apply to this contract: (1) The Contractor agrees to provide(insert name of state agency or local or Indian tribal government), (insert name of recipient),the FEMA Administrator,the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers,and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations,excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or 80 his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the (write in name of the non-federal entity)and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 2. CHANGES a. Standard.To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement,the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. b. Applicability. FEMA recommends,therefore,that a non-Federal entity include a changes clause in its contract that describes how, if at all,changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract.The language of the clause may differ depending on the nature of the contract and the end-item procured. 3. OHS SEAL, LOGO,AND FLAGS a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See OHS Standard Terms and Conditions:Version 8.1(2018). b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests,or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. c. Suggested Language. "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval." 81 4. COMPLIANCE WITH FEDERAL LAW,REGULATIONS,AND EXECUTIVE ORDERS a. Standard.The recipient and its contractors are required to comply with all Federal laws, regulations,and executive orders. b. Applicability. FEMA recommends that all non-Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations,executive orders, and FEMA policies, procedures, anddirectives. c. Suggested Language. "This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract.The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures,and directives." 5. NO OBLIGATION BY FEDERAL GOVERNMENT a. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to the contract. b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor,or any other party pertaining to any matter resulting from the contract. c. Suggested Language. "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor,orany other party pertaining to any matter resulting from thecontract." 6. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS a. Standard. Recipients must comply with the requirements of The False Claims Act(31 U.S.C. §§ 3729-3733)which prohibits the submission of false or 82 fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions:Version 8.1(2018); and 31 U.S.C. §§3801-3812,which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)applies to its actions pertaining to thecontract. b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C.Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. c. Suggested Language. "The Contractor acknowledges that 31 U.S.C. Chap.38(Administrative Remedies for False Claims and Statements)applies to the Contractor's actions pertaining to this contract." 83 Attachment J DHS OIG AUDIT ISSUES and ACKNOWLEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where Grantees/Recipients or Sub-Recipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non-Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small,minority,and women's owned firms were all given fair consideration. 4. Improper"cost-plus-a-percentage-of-cost"contracting practices. The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG-16-109-D dated July 1, 2016. The following may be reasons for the disallowance or total de-obligation of funding given under the FEMA/State agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges(applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation(checks, invoices, etc.)that can be readily retrieved. • Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate FEMA project with that amount. 84 • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs(Federal Highways, Housing and Urban Development, etc.)and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the'Scope of Work." I acknowledge that I have received a copy of, and have been briefed on,the above DHS OIG Audit Issues. Ct 1 (BDir-bi\) zi;zD Sub-Recipient Agency Date Signature Lt rte-tamoz►e.0 Q , C,9 Mao Printed Name&Title 85 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ )ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay pending obligations for eligible work. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three Months (list applicable line items) of Agreement Example:PW#00001(0) Contract Work$1,500,000.00(provide detailed Justification). TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety(90)days of the contract term must be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee, Florida 32399, within thirty(30)days of receipt, along with any interest earned on the advance). as