HomeMy Public PortalAbout2021-23 Approving a Federally-Funded Subaward and grant agreement with the Florida Department of Emergency ManagementRESOLUTION NO. 202I.23
A RESOLUTION OF THE VILLAGE COLINCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
FEDERALLY-FT]NDED SUBAWARD AND GRANT
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
EMERGENCY MANAGEMENT FOR THE
REIMBURSEMENT OF HURRICANE ISAIAS EXPENSES;
PROVIDING FOR AUTHORIZATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on July 30, 2020, the Village of Key Biscayne ("Village") undertook
emergency preparations for the potential landfall of Hurricane Isaias by pre-staging a front-end loader
in the event post-storm road clearing for emergency transportation and post-storm debris removal
became necessary; and
WHEREAS, the Village applied for funding with the Federal Emergency Management
Agency ("FEMA") for eligible costs incurred by the Village associated with the emergency
preparations undertaken relating to Hurricane Isaias; and
WHEREAS, although FEMA has not made a final determination on whether to reimburse
the expenditures made by the Village relating to Hurricane Isaias, the Village must enter into the
Federally-Funded Subaward and Grant Agreement attached hereto as Exhibit "A" (the
"Agreement") with the Florida Division of Emergency Management ("FDEM") in order to receive
reimbursement funds from FEMA; and
WHEREAS, the Village Council wishes to become eligible to receive assistance from
FEMA and approve the Agreement with FDEM, along with any subsequent modifications thereto;
and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the citizens of the Village.
Page I of2
NOW, THEREFORE, BE rT RESOLVED By THT'. VILLAGE COUNCIL OF TrrR
VILLAGE OF KEY BTSCAYI{E, tr'LORTDA AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confi rmed, and incorporated herein.
Secdon 2. Approval. That the Village Council approves the Agreement in
substantially the form attached hereto as Exhibit "A."
Section 3. Authorization. That the Village Council hereby authorizes the Village
Manager to execute the Agreement, in substantially the form attached hereto as Exhibit "A," and
any modifications or related documents thereto to implement the Agreement and this Resolutiorl
subject to the approval of the Village Attomey as to form, content, and legal suf,ficiency.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this z7e.-day of
ATTEST:
i3
2021.
, MAYOR
B.
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
WEISS SEROTA TIELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page2of 2
Agreement 1i1um691' 22536
FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. 5200.92 states that a "subaward may be provided through any form of legal agreement, including an
agreement that the passthrough entity considers a contract."
As defined by 2 C.F.R. 5200.74, "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. 5200.93, "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. 5200.38, "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. 5200.92, "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):
Key Biscayne, Village ofSubrecipient's name:
Subrecipient's unique entity identifier:
Federal Award Date:
Subaward Period of Performance Start and End Date (Cat A-B):
Subaward Period of Performance Start and End Date (Cat C-G):
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):
Name of Federal awarding agency:
Name of pass-through entity
Contact information for the pass-through entity:
Catalog of Federal Domestic Assistance (CFDA) Number and Name:
lndirect cbst rate for the Federal award:
786369124
81112020
7l31l2O2O to 21112021
N/A
Grant to Local Government for Debris
removal. emeroencv Protective measures
and repair or Replacement of disaster
damaoed facilities.
Dept. of Homeland Securitv (DHS)
Federal Emeroencv Manaqement Aqencv
(FEMA)
Florida Division of Emeroencv
Manaoement (FDEM)
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-21 00
I
See bv 44 C.F.R. 207.5(bX4)
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
Key Biscayne, Village of (hereinafter referred to as the "Subreci pient").
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 renderdd 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) AppLrcATtoN oF STATE LAW TO TH|S AGREEMENT
2 C.F.R. 5200.302 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. REGULATTONS ANp pOLtCtES
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 215.571(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.
2
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. ln 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) CONTAGT
a. ln 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:
i. 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 Proqram Supervisor
Bureau of Recovery
Address Florida Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-21 00
Telephone: (850) 81 5-4448
Email: Kim.Schoffel@em.mWorida.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. ln 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. lt 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 ANp CONpTTTONS
This Agreement contains all the terms and conditions agreed upon by the parties.
3
(5) EXECUTTON
This Agreement may be executed in any number of counterparts, of which may be taken as an original
(6) MOpTFTCATTON
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) PERTOp OF AGREEMENT/pERtOp 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. ln accordance with 2 C.F.R. 5200.309, the Subrecipient may receive
reimbursement under this Agreement only for allowable costs incurred during the period of performance. ln
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 lncident 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"). lf 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) FUNpTNG
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 lsaias.
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
4
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 onlv 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, siqned bv an official who is authorized to leqallv 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. ln 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 Statgtes, remains
consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. 5200.76 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. 5200.301, that the Division and the Subrecipient
"relate financial data to performance accomplishments of the Federal award."
j. lf authorized by the Federal Awarding Agency, then the Division will reimburse the Subrecipient
for overtime expenses in accordance with 2 C.F.R. 5200.430 ("Compensation-personal services") and 2 C.F.R.
5200.431 ("Compensation-fringe benefits"). lf 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
5
{
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.
5200.431(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. lf authorized by the Federal Awarding Agency, then the Division will reimburse the Subrecipient
for travel expenses in accordance with 2 C.F.R. 5200.474. 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. lf the Subrecipient seeks reimbursement for travel
costs that exceed the amounts stated in section 112.061(6Xb), 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.
l. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall
reconcile and verifo 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. 5200.53, the term "improper payment" means or includes:
ffi il"^::iln::,:":ff rul,,:#;'fi ::':ff il:"',:ji,il:,T:
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. 5200.336, the Federal awarding agency, lnspectors 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
6
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 lnspector 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 1 19, Florida
Statutes) and by 2 C.F.R. 5200.333, 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:
i. lf any litigation, claim, or audit is started before the expiration of the five (S)-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 Federalfunds 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) S-year retention requirement is not applicable to the
Subrecipient.
v. Records for program income transactions after the period of performance. ln 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 flscal year in which
the program income is earned.
vi. lndirect 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. ln accordance with 2 C.F.R. 5200.334, 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. ln accordance with 2 C.F. R. 5200.335, the Division must always provide or accept paper versions
of Agreement information to and from the Subrecipient upon request. lf 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
7
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. 5200.303, 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.
lf 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, CONTAGT THEcusToDlAN oF PUBLIG REGORDS AT: (s50) 815-4156,
8
Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee,
FL 32399.
(11) AUDTTS
a. The Subrecipient shall comply with the audit requirements contained in 2 C.F.R. Part 200,
Subpart F.
b. ln 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. 5200.49, 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. 5200.50, 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. lf 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:
DE MS i ng le_Au d it@em. myflorida.com
OR
Office of the lnspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-21 00
g. The Subrecipient shall send the Single Audit reporting package and Form SF-SAC to the Federal
Audit Clearinghouse by submission online at:
http:/iharvester. cen sus. qov/faclcoll ect/ddei ndex. htm I
h. The Subrecipient shall send any management letter issued by the auditor to the Division at the
following address:
D E M Si n g le_Aud it@em. myfl orida. com
OR
Office of the lnspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-21 00
9
(12) REPORTS
a. Consistent with 2 C.F.R. 5200.328, 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.
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. lf 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) MONTTORTNG
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. ln 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
Quarter 1 (Ol)Octoberl-December3l January 15
Quarter 2 {€2)Januaryl-March31 April 15
Quarter 3 (O3)April 1-June30 July 15
Quarter 4 (O4)Julyl-September30 October 15
10
cooperate with any monitoring procedures/processes deemed appropriate by the Division. ln 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. ln 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) LTABTL|TY
a. Unless Subrecipient is a State agency or subdivision, as defined in section 768.25(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 clairns 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) pEFAULT
lf 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 u4der 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
lf 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:
11
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:
i. Request additional information from the Subrecipient to determine the reasons for or the
extent of non-compliance or lack of performance;
ii. lssue 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. lf 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) TERMINATTON
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 1 19, 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 beneflcial 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. ln 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.
12
(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. SS200.318 through 200.327
as well as Appendix ll 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.qov/q rants/procu rement.
b. lf 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 5287.057 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 poslaudit 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. 5200.305 and, as
applicable, section 216.181(16), Florida Statutes. Alladvances are required to be held in an interest-bearing account
unless otherwise governed by a program specific waiver. lf 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. lf 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.
l3
(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. ln 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 32399-21 00
d. ln 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 COND|TTONS
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. lf 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 tocit government services, and
telecommunications.
I4
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:
i. 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 (S)-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 othenruise 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 (S)-year period preceding this Agreement, had one or more public
transactions (Federal, State or Local) terminated for cause or default.
g. lf 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. ln 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. 5200.305, 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 27aA@) of the lmmigration and Nationality Act ("lNA")]. The Division shall consider
15
theemploymentbyanycontractorofunauthorizedaliensaviolationofSection2T4A(e)ofthelNA. Suchviolationby
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.
l. 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 lran 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
lsrael List or is engaged in a boycott of lsrael.
(22) LOBBYTNG PROHtBtTtON
a. 2 C.F.R. 5200.450 prohibits reimbursementfor 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:
i. 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. lf 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.
t6
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 and its Contractors shall sign Attachment J - Certification Regarding
Lobbying.
(23) COPYRTGHT. PATENT ANp 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 lN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUBRECIPIENT TO THE
STATE OF FLORIDA.
a. lf 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. lf 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. lf 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. lf 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. ln 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 AUTHORTZATTON
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.
IV
t7
(25) EQUAL OPPORTUNtTy.EMpLOyMENT
a. ln accordance with 41 C.F.R. 560-1.4(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 otheruvise 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
l8
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 1 1246 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. ln 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 othenivise 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 1 1246 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
t9
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 othenvise 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 1 1246 o'f 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 ll, Subpart D of the Executive order. ln 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 ANp SAFETY STANDARpS
lf 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 ArR ACT ANp THE FEpERAL WATER POLLUT|ON CONTROL ACT
lf 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 ControlAct as amended (33 U.S.C. 1251-1387), and will
report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).
20
(28) SUSPENSTON ANp pEBARMENT
lf 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 verifi7 that none of the
contractor, its principals (defined at 2 C.F.R. S 180.995), or its affiliates (defined at 2
C.F.R. S 180.905) are excluded (defined at 2 C.F.R. S 180.940) or disqualified
(defined at 2 C.F.R. S 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. lf it is later determined that the contractor did not comply with 2 C.F.R. pt.
180, subpart C and2 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) BYRp ANT|-LOBBY|NG AMENDMENT
lf 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. S 1352 (as amended). Contractors who apply or bid foran 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. S
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) GoNTRAGTING WITH SMALL AND MtNORtTy BUSTNESSES. WOMEN'S BUSTNESS
ENTERPRISES. AND LABOR SURPLUS AREA FIRMS
a. lf 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
2l
assure that minority businesses, wornen'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 economicallv 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 aopropriate, 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.9. "project
splitting").
(31) NONDTSCRTM|NAT|ON By CONTRACTORS
Pursuant to 44 C.F.R. $$ 7 and 16, and 44 C.F.R. S 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 lneligible Contractors, in accordance with 44 C.F.R. S 17.
(32)ASSURANCES
The Subrecipient shall comply with any Statement of Assurances incorporated as Attachment E to this
Agreement ("Statement of Assurances").
(33) pUPLTCATTON OF BENEFTTS PROHtBtTEp
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 anv 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. ln 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. ln 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)
Rdporting
ix. Attachment l- Mandatory Contract Provisions
x. Attachment J - Certification Regarding Lobbying
xi. Attachment K - Justification for Advance Payment
23
Agreement Number 22536
By:
lN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUBRECIPIENT Key Biscayne, Village of
(Signature)
Name:
Title:
Date:
FEIN#
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Jared Moskowi2, 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 el 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.qov/media-library/assets/documents/1 1 1781
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 ![igAqleement 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 willincre-ase or Jecrease
the Budget of this Agreement. The PW(s) that have been obligated are:
Start POP End DateAmount
$0.0q
Local Share
$0.0(
State Share
Yo
$0.0q
FedFederal Share
$0.0(
DR-3533
Project Titlel.w
#
26