R21-096 1 RESOLUTION R21-096
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 HURRICANE ISAIAS BETWEEN
8 THE 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 disaster declaration has been designated FEMA-3533-EM-FL for
14 the State of Florida as a result of Hurricane Isaias;and
15 WHEREAS, The City anticipates receiving approximately $20.1K from FEMA for
16 costs incurred as a result of Hurricane Isaias; 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 Hurricane Isaias.
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(Hurricane Isaias)-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 Hurricane Isaias between the City of Boynton Beach and the State of Florida, Division of
34 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 3rd day of August, 2021.
37 CITY OF BOYNTON BEACH,FLORIDA
38
39 YES NO
40
41 Mayor—Steven B. Grant ✓
42
43 Vice Mayor—Woodrow L. Hay ✓
44
45 Commissioner—Justin Katz
46
47 Commissioner—Christina L. Romelus
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49 Commissioner—Ty Penserga _SL��
50
51
52 VOTE "k
53 ATTEST:
54
55
56 t!/ 0 ri
57 Tammy Stanzio e
58 Deputy City C -rk
59
60
61
62 (Corporate Seal)
•
S:\CA\RLSOVAgreements\Disaster Relief Funding Agreement(Hurricane Isaias)-Reso.Docx
R21-096
Agreement Number: Z2527
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 Subrecipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93, "Subrecipient" 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 Subrecipient
for the Subrecipient 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):
Subrecipient's name: Boynton Beach,City of
Subrecipient's unique entity identifier: 072247133
Federal Award Date: 8/1/2020
Subaward Period of Performance Start and End Date(Cat A-B): 7/31/2020 to 2/1/2021
Subaward Period of Performance Start and End Date(Cat C-G): N/A
Amount of Federal Funds Obligated by this Agreement:
Total Amount of Federal Funds Obligated to the Subrecipient
by the pass-through entity to include this Agreement:
Total Amount of the Federal Award committed to the Subrecipient
by the pass-through entity:
Federal award project description(see FFATA): Grant to Local Government for Debris
removal,emergency Protective measures
and repair or Replacement of disaster
damaged facilities.
Name of Federal awarding agency: Dept. of Homeland Security(DHS)
Federal Emergency Management Agency
(FEMA)
Name of pass-through entity: Florida Division of Emergency
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:
Indirect cost rate for the Federal award: See by 44 C.F.R. 207.5(b)(4)
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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"Subrecipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and
the Subrecipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds to provide
the services identified herein;
B. The Subrecipient, 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 Subrecipient 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 Subrecipient 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 Subrecipient 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
a. 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."
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
Subrecipient 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 Subrecipient fails to
perform the minimum level of service required by the agreement.
iv. A provision specifying that the Subrecipient may expend funds only for allowable costs
resulting from obligations incurred during the specified agreement period.
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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
Subrecipient is entitled under the terms and conditions of the agreement must be
refunded to the Division.
c. In addition to the foregoing, the Subrecipient and the Division shall be governed by all applicable
State and Federal laws, rules and regulations, including those identified in Attachment B to this
Agreement ("Scope of Work, Deliverables, and Financial Consequences"). 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 Subrecipient. As part of his/her duties, the Grant Manager for the Division shall:
Monitor and document Subrecipient performance; and,
ii. Review and document all deliverables for which the Subrecipient requests payment.
b. The Division's Grant Manager for this Agreement is:
Name Kim Schoffel
Title Program Supervisor
Bureau of Recovery
Address Florida Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Telephone: (850) 815-4448
Email: Kim.Schoffel(a�em.mvflorida.com
c. The name and address of the Representative of the Subrecipient responsible for the
administration of this Agreement is:
Name:
Address:
Telephone:
Email:
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 Subrecipient'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.
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(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.
(7) SCOPE OF WORK
The Subrecipient shall perform the work in accordance with Attachment A to this Agreement ("Budget and
Project List").
(8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE
The Period of Agreement establishes a timeframe for all Subrecipient contractual obligations to be completed.
This agreement will begin upon execution by both parties and shall end upon closeout of the Subrecipient'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 Subrecipient may incur new obligations to carry
out the work authorized under this Agreement. In accordance with 2 C.F.R. §200.309, the Subrecipient 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 Subrecipient 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),
unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement or extended in
accordance with Attachment G to this Agreement("Public Assistance Program Guidance"). If any extension request
is denied by the Recipient, or is not sought by the Subrecipient, 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 Subrecipient for EM-3533—Hurricane Isaias.
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 a requirement for
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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 Subrecipient only for allowable costs incurred by the
Subrecipient. The Recipient will provide funds on a cost reimbursement basis to the Subrecipient for eligible activities
approved by the Recipient and the Federal Awarding Agency,as specified in Attachment A of this Agreement("Budget
and Project List"), 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, signed by an official who is authorized to legally bind the Subrecipient, 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 Subrecipient
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 Subrecipient.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 Subrecipient contacts have not been updated regularly and all three (3)Agents
have separated from the Subrecipient'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 Subrecipient in the grants management system against a performance measure, outlined in Attachment A of
this Agreement("Budget and Project List"), 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, "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 Subrecipient
"relate financial data to performance accomplishments of the Federal award."
j. If authorized by the Federal Awarding Agency, then the Division will reimburse the Subrecipient
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 Subrecipient
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
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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, Subrecipient-
Employee agreement, or an established policy of the Subrecipient 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 Subrecipient
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 Subrecipient 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 Subrecipient must provide documentation
that:
i. The costs are reasonable and do not exceed charges normally allowed by the
Subrecipient in its regular operations as a result of the Subrecipient'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 and produce a
final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the
Subrecipient.
m. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
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 Subrecipient 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 Subrecipient's personnel for the purpose of interview and discussion related to such
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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 Subrecipient 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 Subrecipient'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 Subrecipient 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:
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 Subrecipient is notified in writing by the Federal Awarding
Agency, cognizant agency for audit, oversight agency for audit, 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
Subrecipient.
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 Subrecipient 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 Subrecipient 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
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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 Subrecipient 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 Subrecipient 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, three (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 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 Subrecipient based upon
the funds provided under this Agreement, the meetings of the Subrecipient'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 Subrecipient shall maintain all records for the Subrecipient 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,
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Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee,
FL 32399.
(11) AUDITS
a. The Subrecipient shall comply with the audit requirements contained in 2 C.F.R. Part 200,
Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the Subrecipient
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 Subrecipient'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 Subrecipient 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 Subrecipient of such non-compliance.
e. The Subrecipient 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 Subrecipient's fiscal year.
f. The Subrecipient shall send copies of reporting packages for audits conducted in accordance
with 2 C.F.R. Part 200, by or on behalf of the Subrecipient, 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 Subrecipient shall send the Single Audit reporting package and Form SF-SAC to the Federal
Audit Clearinghouse by submission online at:
http://harvester.census.qov/fac/collect/ddeindex.html
h. The Subrecipient 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
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(12) REPORTS
a. Consistent with 2 C.F.R. §200.328, the Subrecipient shall provide the Division with quarterly
reports and any applicable close-out reports. These reports shall include the current status and progress by the
Subrecipient 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 Subrecipient
Report Submittal Deadline
Quarter 1 (Q1) October 1 — December 31 January 15
Quarter 2 (Q2) January 1 — March 31 April 15
Quarter 3 (Q3) April 1 — June 30 July 15
Quarter 4 (Q4) 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 Project List").
e. The Subrecipient shall provide additional program updates or information that may be required
by the Division.
f. The Subrecipient 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 Subrecipient 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. A review shall be done for each function or
activity in Attachment A to this Agreement("Budget and Project List") 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 Subrecipient agrees to comply and
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cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the
Division determines that an audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any
additional instructions provided by the Division to the Subrecipient regarding such audit. The Subrecipient 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 Subrecipient throughout the contract term to ensure timely completion of all tasks.
(14) LIABILITY
a. Unless Subrecipient is a State agency or subdivision, as defined in section 768.28(2), Florida
Statutes,the Subrecipient 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, Subrecipient 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, Subrecipient 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 Subrecipient 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 Subrecipient to which sovereign immunity applies.
Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by
third parties in any matter arising out of any contract.
(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 Subrecipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect, or if the Subrecipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any 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 Subrecipient at any time during
the term of this Agreement, and the Subrecipient 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 Subrecipient 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
Subrecipient and upon the Subrecipient's failure to cure within those thirty(30)days, exercise any one or more of the
following remedies, either concurrently or consecutively:
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a. Terminate this Agreement, provided that the Subrecipient 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 Subrecipient 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:
Request additional information from the Subrecipient 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 Subrecipient to suspend, discontinue or refrain from incurring costs for any
activities in question; or
iv. Require the Subrecipient 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 Subrecipient, 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
Subrecipient.
(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 Subrecipient 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 Subrecipient 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 Subrecipient will not incur new obligations for
the terminated portion of the Agreement after the Subrecipient has received the notification of termination. The
Subrecipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination
notice will be disallowed. The Subrecipient shall not be relieved of liability to the Division because of any breach of
Agreement by the Subrecipient. The Division may, to the extent authorized by law, withhold payments to the
Subrecipient for the purpose of set-off until the exact amount of damages due the Division from the Subrecipient is
determined.
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(18) PROCUREMENT
a. The Subrecipient 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 200.327
as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards"). Additional requirements, guidance, templates and checklists regarding procurement may be
obtained through the FEMA Procurement Disaster Assistance Team. Resources found here:
https://www.fema.gov/arants/procurement.
b. If the Subrecipient contracts with any contractor or vendor for performance of
any portion of the work required under this Agreement, the Subrecipient 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 Subrecipient and its employees
and/or their contractors harmless from liability to third parties for claims asserted under such contract.
c. The Subrecipient shall monitor and document, in the quarterly report, the contractor's progress
in performing its work on its behalf under this Agreement in addition to its own progress.
d. The Subrecipient shall ensure all contracts conform to sections§287.057 and §288.703, Florida
Statutes, as applicable.
e. The Subrecipient 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 by completing Attachment K 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's 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 Subrecipient shall submit its closeout report within thirty (30) days of receiving notice from
the Division.
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(20) 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 Subrecipient agrees that the Recipient may
withhold funds otherwise payable to the Subrecipient 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 Subrecipient pursuant to this Agreement or any other
funding agreement administered by the Recipient. The Subrecipient understands and agrees that the Recipient may
offset any funds due and payable to the Subrecipient until the debt to the State is satisfied. In such event, the
Recipient will notify the Subrecipient 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 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 Subrecipient 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.
(21) 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 Subrecipient 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
Subrecipient, cause the termination of this Agreement and the release of the Division from all its obligations to the
Subrecipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall 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 Subrecipient 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.
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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$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 Subrecipient which receives funds under this Agreement from the Federal government,
certifies, to the best of its knowledge and belief, that it and its principals or affiliates:
Are not presently debarred, suspended, proposed for debarment, declared ineligible,
voluntarily excluded or disqualified 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 (23)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 Subrecipient is unable to certify to any of the statements in this certification, then the
Subrecipient shall attach an explanation to this Agreement.
h. In addition, the Subrecipient shall send to the Division (by email to the assigned grant manager)
the completed Attachment C of this Agreement ("Certification Regarding Debarment") for the Subrecipient and a
screenshot reflecting such self-check via the Federal System for Award Management (SAM) clearinghouse through
the website www.sam.gov. Subrecipient shall also perform this check for any and all intended contractor or
subcontractor for which Subrecipient plans to fund under this Agreement. A screenshot of the clearinghouse results
for each intended contractor or subcontractor should be maintained by the Subrecipient and provided to the Division
upon request. The check must be completed before the Subrecipient 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 Subrecipient refuses
to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119,
Florida Statutes, which the Subrecipient created or received under this Agreement.
j. Subject to the provisions of 2 C.F.R. §200.305, the Subrecipient must 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.
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
15
the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by
the Subrecipient 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.
(22) 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 Subrecipient 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
Subrecipient, 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.
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 Subrecipient shall complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions.
iii. The Subrecipient 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 Subrecipients shall certify and
disclose accordingly.
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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.
v. The Subrecipient and its Contractors shall sign Attachment J —Certification Regarding
Lobbying.
(23)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 SUBRECIPIENT TO THE
STATE OF FLORIDA.
a. If the Subrecipient has a pre-existing patent or copyright, the Subrecipient shall retain all rights
and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
b. If any discovery or invention 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 Subrecipient 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 Subrecipient shall notify the
Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred
by the Subrecipient to the State of Florida.
c. Within thirty (30) days of execution of this Agreement, the Subrecipient 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 Subrecipient shall retain all rights and entitlements to any pre-existing
intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division
shall then, under Paragraph (25) b., have the right to all patents and copyrights which accrue during performance of
the Agreement.
d. If the Subrecipient 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 Subrecipient shall become
the sole property of the Subrecipient. 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
Subrecipient, under this Agreement, for Florida government purposes.
(24) LEGAL AUTHORIZATION
The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient also certifies
that the undersigned person has the authority to legally execute and bind Subrecipient to the terms of this Agreement.
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(25) EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or
cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations
of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the
Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan
insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan,
insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. 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 employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
ii. 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
considerations for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
iii. 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.
iv. The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
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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.
v. 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.
vi. 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.
vii. 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
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.
viii. 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.
b. The Sub-Recipient 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
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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.
c. The Sub-Recipient 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.
d. The Sub-Recipient 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 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 Sub-Recipient 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 Sub-Recipient under the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(26) CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds
$100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 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. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for transportation.
(27) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds
$150,000, then any such contract must include the following provision:
Contractor agrees 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), and will
report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).
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(28) SUSPENSION AND DEBARMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any
such contract must include the following provisions:
i. 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, its 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).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 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.
iii. This certification is a material representation of fact relied upon by the
Division. 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 the Division, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements of 2 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.
(29) BYRD ANTI-LOBBYING AMENDMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any
such contract must include the following clause:
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.
(30) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES,AND LABOR SURPLUS AREA FIRMS
a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or
services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following affirmative steps to
21
assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever
possible:
i. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
iii. 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;
iv. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
v. 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
vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in paragraphs i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic
contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of
firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps
identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub-
Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve
small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business enterprises,
does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent
the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project
splitting").
(31) NONDISCRIMINATION BY CONTRACTORS
Pursuant to 44 C.F.R. §§7 and 16, and 44 C.F.R. §206.11, the Subrecipient must
undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement.
The Subrecipient 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.
(32)ASSURANCES
The Subrecipient shall comply with any Statement of Assurances incorporated as Attachment E to this
Agreement("Statement of Assurances").
(33) DUPLICATION OF BENEFITS PROHIBITED
a. The Subrecipient understands it may not receive funding under this Agreement
to pay for damage covered by insurance, nor may the Subrecipient receive any other duplicate benefits from any
source whatsoever.
b. The Subrecipient agrees to reimburse the Recipient if it receives any duplicate
22
benefits,from any source,for any damage identified on the applicable Project Worksheets,for which the Subrecipient
has received payment from the Recipient.
c. The Subrecipient 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 Subrecipient has received duplicate
benefits, the Subrecipient gives the /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 Subrecipient, and to use such
remedies as may be available administratively or at law to recover such benefits.
(34)ATTACHMENTS
a. All 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 G—Public Assistance Program Guidance
viii. Attachment H—Federal Funding Accountability and Transparency Act(FFATA)
Reporting
ix. Attachment I—Mandatory Contract Provisions
x. Attachment J—Certification Regarding Lobbying
xi. Attachment K—Justification for Advance Payment
23
Agreement Number: Z2527
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUBRECIPIENT: Boynton Beach,City of
By:
(Signature)
Name: Lori LaVerriere 4 -L
r ippr CITY ATTORNEY
Title: City Manager
Date: ) ! \ / CD 1
FEIN# vy
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 SUBRECIPIENT 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. Subrecipient 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 B: Emergency Protective Measures
2. Subrecipient 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 are:
DR-3533 Sub-Recipient:Boynton Beach,City of
PW CatProject Title Federal Share Fed State Share mate Local Share Local Total Eligible POP Start Date POP End Date
# % % % Amount
Total: $0.00 $0.00 $0.00 $0.00
26
Attachment B
SCOPE OF WORK, DELIVERABLES
and FINANCIAL CONSEQUENCES
Scope of Work
FEMA has sole authority for determining eligibility of project activities and associated costs. The Subrecipient is
required to complete all eligible Projects and submit appropriate supporting documentation for all work and costs, as
approved by FEMA.
When FEMA has obligated funding for a Subrecipient's PW, the Division notifies the Subrecipient with a copy of the
PW(or P2 Report). 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.
Deliverables
For the purposes of this agreement, each project will be a standalone deliverable but may be compensated
incrementally based on the Subrecipient'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. Any request for reimbursement shall
provide adequate, well organized and complete source documentation to support all costs related to the Project.
Requests and associated documentation which do not conform will be returned to the Subrecipient prior to acceptance
for payment.
Reimbursement up to 100%of the total eligible amount will be paid upon acceptance and is contingent upon:
• Timely submission of Quarterly Reports (due fifteen (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's as in ownership of the Grant Manager as part of the Subrecipient'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's Grant Manager.
• Timely submission of Request for Final Inspection (within ninety (90) days of project completion —for each
project).
Small Projects Deliverables—
Small projects will be paid upon obligation of the Project Worksheet and execution of the subgrant agreement. The
Subrecipient must initiate the Small Project Closeout in the grants management system within thirty (60) 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 the grants management system, selecting the Subrecipient'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
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
Subrecipient fails to be in compliance with Federal, State, and Local requirements, or satisfactorily perform required
activities/tasks.
For any Project(PW)that the Subrecipient 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 until such compliance is either ultimately
obtained or the project is deobligated by FEMA and/or withdrawn.
The Division shall apply the following financial consequences in these specifically identified events:
27
Work performed outside the Period of Performance—
Based on 2 C.F.R. Section §200.309, a Subrecipient may be reimbursed only 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 as a financial
consequence. If the Subrecipient 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 Subrecipient'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 as a financial consequence.
Failure to timely submit quarterly reports—
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 being achieved. Paragraph (12) of the subgrant agreement also requires the
Subrecipient 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.
These 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. In the event that a Subrecipient
fails to timely submit this quarterly report, the Division will:
• Withhold $500.00 from the next approved and final payment/payable for each project not reflected on a
timely submitted Quarterly Report.
Failure to timely submit Requests for Final Inspection-
The submission of a request for Final Inspection is due within ninety(90)days of project completion for each project.
In the event a Subrecipient fails to timely Request a Final Inspection, the Division will enforce the following:
• Withhold any and all final and approved payments/payables for each project for which a Request for Final
Inspection is not timely submitted.
o Once the Request for Final Inspection is received, such funds will be released and paid to the
Subrecipient.
The Division retains the right to impose financial consequences for instances of non-performance or non-compliance
not specifically addressed in this section.
28
Attachment C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
With respect to any Subrecipient 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 Subrecipient 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 Subrecipient 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.
By:
Signature Subrecipient's Name
Lori LaVerriere, City Manager
Name and Title DEM Contract Number
100 E. Ocean Avenue
Street Address
Boynton Beach, FL 33435
City, State, Zip
QCY 1
Date
.. -.. ';/
•
CITY ATTORNEY
29
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 Subrecipient'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. Note: a designation of authority is NOT a
delegation of authority. A signatory must have an attached delegation of authority as appropriate.
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.
30
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
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 3: Alternate Agent(Full Access) Box 4: Other-Finance/Point of Contact(Full 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 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 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.
Sub-Grantee Authorized Agent Signature
Date
31
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: Day:
Sub-Grantee's Federal Employer's Identification Number(EIN) -
Sub-Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management
Sub-Grantee's: FIPS Number(If Known) - -
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
32
Attachment E
STATEMENT OF ASSURANCES
1) The Subrecipient 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 Subrecipient 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 Subrecipient'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 Subrecipient 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 Subrecipient 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 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 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.
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,
33
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 Subrecipient
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 Subrecipient'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 Subrecipient 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 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 Subrecipient will be 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$500,000.00 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 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 Subrecipient 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.
34
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.
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 I 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 Subrecipients 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
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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 Subrecipients 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, 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
Subrecipient 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 Subrecipient, this assurance shall
obligate the Subrecipient 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.
t. Applicable provisions of the following laws and policies prohibiting discrimination:
i. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based
on race, color, or national origin (including limited English proficiency).
ii. Section 504 of the Rehabilitation Act of 1973, as amended,which prohibits discrimination
based on disability.
iii. Title IX of the Education Amendments Act of 1972, as amended, which prohibits
discrimination based on sex in education programs or activities.
iv. Age Discrimination Act of 1975, which prohibits discrimination based on age.
v. U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits
discrimination based on religion in social service programs.
u. Provisions of all appropriate environmental laws, including but not limited to:
vi. The Clean Air Act of 1955, as amended;
vii. The Clean Water Act of 1977, as amended;
viii. The Endangered Species Act of 1973;
ix. The Intergovernmental Personnel Act of 1970;
x. Environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969;
xi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential
components of the national wild and scenic rivers system;
xii. The Fish and Wildlife Coordination Act of 1958;
xiii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water
Act of 1974, regarding the protection of underground water sources;
xiv. 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.
v. 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,
36
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 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 Subrecipient by FEMA. The Subrecipient 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
Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding
on the Subrecipient, its successors, transferees, and assignees.
FOR THE SUBRECIPIENT:
Signature
Lori LaVerriere, City Manager Cf- L 1 l c 1
Printed Name and Title Date
APPROVED A8 FOR
CITY ATTORNEY
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Attachment G
PUBLIC ASSISTANCE PROGRAM GUIDANCE
1. RECIPIENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM
Subrecipients must use the Recipient's web-based project management system, to access and exchange
project information with the State throughout the project's life. 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 Subrecipient. The Subrecipient is required to have working knowledge of the FDEM
Grants Management System.
2. PROJECT DOCUMENTATION
The Subrecipient must maintain all source documentation supporting the project costs.To facilitate closeout
and audits, the Subrecipient 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 Subrecipient 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 Subrecipient 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$5,000.00 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 Subrecipient, in FDEM Grants Management System, on
both small and large projects, to:
1) New Time Extension;
a) Requests for Time Extensions within the Subrecipient's authority
b) Requests for Time Extensions not within the Subrecipient's authority
2) New Project Amendment;
a) Requests for Alternate Projects
b) Requests for Improved Projects
c) Requests for Mitigation Opportunities
d) Requests for Revised Scope of Work
e) Significant Cost Variance (>20%)
f) Use of Eligible Excess Funds
3) New Project Appeal
a) Subrecipient Appeal
i) Request First Appeal; and/or
ii) Request Second Appeal; and/or
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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 Subrecipient to certify that all work has been completed. To ensure a
timely closeout process, the Subrecipient should notify the Recipient within sixty (90) days of Project
completion.
The Subrecipient should include the following information with its closeout request:
• Certification that project is complete;
• Date of project completion; and,
• Copies of any 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 Subrecipient should provide the documentation to
support the actual costs. If the actual costs significantly differ from the estimated amount, the Subrecipient
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 Subrecipient 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 Subrecipient must provide documentation to support that it used
the funds in accordance with the eligibility criteria described in the PAPPG and guidance provided at
https://www.fema.gov/assistance/public/policy-guidance-fact-sheets 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
completing the eligible SOW differ from the estimated amount. FEMA adjusts the approved amount on
individual Small Projects only if one of the following conditions applies:
• The Subrecipient did not complete the approved SOW;
• The Subrecipient 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.
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If none of the above applies, the Subrecipient may request additional funding through small project netting,
known as the net small project overrun appeal. The request operates as a normal appeal, but includes all
of the Subrecipient's Small Projects. The Subrecipient must send its request to the Recipient's Appeals
Officer within sixty(60)days of completion of the work for the Subrecipient's last Small Project. The appeal
must include actual cost documentation for all Small Projects that FEMA originally funded based on
estimate amounts. FEMA will evaluate all Small Projects and make adjustments according to any overruns
or underruns for each project. FEMA will not consider requests submitted past the appeals deadline.
To ensure that all work has been performed within the SOW specified on the Project Worksheets(PW),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 Hurricane Isaias EM#3533, 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. The self-certification will require the applicant to certify that the scope of work is eligible
and that the funds will be expended in accordance with State and Federal law.
Once the project is obligated, the Division will reimburse the project without a request for reimbursement.
5. TIME EXTENSIONS
FEMA only provides Public Assistance(PA)funding for work completed and costs incurred within regulatory
deadlines. The deadline for Emergency Work is six(6) months from the declaration date.
If the Subrecipient 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 may grant a time extension for Category
B (emergency protective measures)work.
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 Subrecipient's control:
• Permitting or Environmental and Historic Preservation (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); and
• Lack of availability of materials, equipment, or contractors to complete work.
FEMA generally considers the following to be circumstances within the control of the Subrecipient and not
justifiable for a time extension:
• Permitting or environmental delays due to Subrecipient delays in requesting permits;
• Lack of funding;
• Change in administration or cost accounting system; and/or
• Compilation of cost documentation.
Although FEMA only provides PA funding for work performed on or before the approved deadline, the
Subrecipient must still complete the approved SOW for funding to be eligible. FEMA de-obligates funding
for any project that the Subrecipient does not complete. If the Subrecipient 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
Subrecipient restores only two of the three facilities, FEMA only de-obligates the amount related to the
facility that the Subrecipient did not restore.
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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:
o 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 the 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 Division or FEMA (as applicable), any
expenses incurred outside the Period of Performance (POP) are ineligible.
6. INSURANCE
The Subrecipient 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 Subrecipient further understands and agrees that if
Public Assistance funding is obligated for work that is subsequently determined to be covered by 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 Subrecipient 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$5,000.00.
In addition to the preceding requirements,the Subrecipient 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 Subrecipient
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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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.
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7. COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS
The Subrecipient 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 Subrecipient, and any land use
permitted by or engaged in by the Subrecipient, must be consistent with the local government
comprehensive plan.
The Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient requesting this reimbursement must include:
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 Subrecipient 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 Subrecipient 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 Subrecipient 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.
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7. The Recipient may advance funds to the Subrecipient, not exceeding the Federal share, only if the
Subrecipient meets the following conditions:
a) The Subrecipient must certify to the Recipient that Subrecipient has procedures in place to
ensure that funds are disbursed to project vendors, contractors, and subcontractors without
unnecessary delay; and
b) The Subrecipient must submit to the Recipient the budget supporting the request.
8. The Subrecipient 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, as defined in 2 C.F.R. §200.305
and as applicable section 216.181(16), Florida Statutes;
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 Subrecipient if the Recipient reasonably expects that the
Subrecipient 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
Subrecipient was improper.
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 Subrecipient 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
Subrecipient.
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 Subrecipient's contacts have not been updated regularly and all three (3) Agents have
separated from the Subrecipient'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
Subrecipients/prospective Subrecipients. 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?
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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; and
• 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?
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
Subrecipient. D&B will tell you if your organization already has an assigned number. 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 list. 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
sswabomb.eop.gov.
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12. Substitute Form W-9 Submission and My Florida Marketplace (MFMP) Registration
For the purpose of this Agreement, a Subrecipient 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 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 https://flvendor.myfloridacfo.com.
Subrecipient must register with My Florida Marketplace utilizing myfloridamarketplace.com website
concurrent with the execution of this agreement. Registration must be complete prior to returning this
agreement to FDEM for execution.
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.
45
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 Division prior to the Division'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**
PARENT COMPANY DUNS#(if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#):
DESCRIPTION OF PROJECT(Up to 4000 Characters)
46
Complete eligible Projects for repair or replacement of Disaster damaged facilities.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP 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 1 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:
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.
47
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 Total Compensation
(Highest to Name for Most Recently
Lowest) (Last, First, MI) Title Completed Fiscal Year
1
2
3
4
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE:
NAME AND TITLE: Lori
/LaaVerriere, City Manager
DATE: O% / \ 1 / QD f l
APPROVED = TO �/
110 CITY ATTORNEY
48
Attachment 1
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions
outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to
include the required provisions. The following is a list of sample provisions from Appendix II to
2 C.F.R. Part 200 that may be required:'
Appendix II to Part 200—Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity,all
contracts made by the non-Federal entity under the Federal award must contain provisions
covering the following, as applicable.
(A)Contracts for more than the simplified acquisition threshold,which is the inflation
adjusted amount determined by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils)as authorized by 41 U.S.C. 1908, 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.
(B)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 affected and the
basis for settlement.
(C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part
60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR
Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 12319,
12935, 3 CFR 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 CFR part 60,"Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor."
(D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation,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(29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). 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. 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
' For example, the Davis-Bacon Act is not applicable to other FEMA grant and cooperative agreement
programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub-
recipient may include the provision in its subcontracts.
49
Federal awarding agency. The contracts must also 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, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or Sub-recipient 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 the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where
applicable, 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(29 CFR Part 5). Under 40
U.S.C. 3702 of the Act,each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 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. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.
(F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of"funding agreement"under 37 CFR§401.2 (a) and the recipient or Sub-
recipient 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 recipient or Sub-recipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
(G) Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000
must contain a provision that requires the non-Federal award 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 the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
(H)Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award
(see 2 CFR 180.220)must not be made to parties listed on the governmentwide Excluded Parties
List System in the System for Award Management(SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR Part 1986 Comp.,p.
189)and 12689 (3 CFR Part 1989 Comp.,p. 235), "Debarment and Suspension."The Excluded
Parties List System in SAM 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.
(I) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for
an award of$100,000 or more must 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 must also disclose any lobbying with non-Federal funds that takes place
50
in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the non-Federal award.
(J) See §200.323 Procurement of recovered materials.
(K) See §200.216 Prohibition on certain telecommunication and video surveillance
services or equipment.
(L) See §200.322 Domestic preferences for procurements
(Appendix II to Part 200, Revised Eff. 11/12/2020).
FEMA created a PDAT Contract Provisions Template to assist non-Federal entities with drafting
contracts. It is available at https://www.fema.gov/grants/procurement/resource-library
Please note that the sub-recipient alone is responsible for ensuring that all language included in
its contracts meets the requirements of 2 C.F.R. §200.327 and 2 C.F.R. Part 200, Appendix II.
51
Attachment J
Certification Regarding Lobbying
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 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 disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
The Subrecipient or contractor, ,certifies or affirms the truthfulness and
accuracy of 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 tothis rtification and disclosure, if any.
Signatu f Subreci ient/contractor's Authorized Official
Lori LaVerriere, City Manager
Name and Title of Subrecipient/contractor's Authorized Official
QiC6/ \. \ J 2EDQ \
Date
APPROVED • • .
//4...
/. CITY ATTORNEY
52
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, as defined in 2 C.F.R. §200.305 and as applicable section 216.181(16), Florida
Statutes. 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).
53