HomeMy Public PortalAbout2023-48 Accepting a Federal Emergency Management Agency FEMA Hazard Mitigation Grant to install two backup generators for stormwaterRE SOLUTION NO. 2023-48
A RE SOLUTION OF THE VILLAGE COUN CIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A
FEDERA L EMERGENCY M ANAGEMENT AGENCY
(FEM A) HAZARD MITIGATION GRA NT IN AN AM OUNT
OF $171,710.86 TO INSTALL TWO BACK-UP
GENERA TORS FOR STORM WATER PUM P STATIONS
LOCATED AT OCEAN LANE DRIVE AND EAST
HEATHER DRIVE AND APPROVING AN AGRE EMENT
RE LATED TO THE SAME; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHERE AS, the Village of Key Biscayne ("Village") desires to install two back-up
generators for stormwater pump stations located at Ocean Lane Drive and East Heather Drive
(the "Project"); and
WHERE AS, the Project will provide protection to two stormwater pump stations and help
reduce and mitigate damage that might occur from severe weather or other hazards; and
WHERE AS, the Federal Emergency Management Agency ("FEMA") has awarded the
Village a Hazard Mitigation Grant (the "Grant") in an amount of $171,710.86 for the Project,
which the Village will match with $19,079.00 from capital improvement project (CIP) funds; and
WHERE AS, the Village Council desires to accept the Grant and authorize the Village
Manager to enter into the Grant Agreement, in substantially the form attached hereto as Exhibit
"A" (the "Agreement"); and
WHERE AS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW , THERE FORE , BE IT RE SOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Page I of2
Section 2. Acceptance and Approval. That the Village Council hereby accepts the
Grant in an am ount of$171,710.86 from FEMA and 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,"
subject to the Village Attorney's approval as to form, content, and legal sufficiency.
Section 4. Effective Date. That this Resolution shall be effective imm ediately upon
adoption.
ATTEST:
VILLAGE CLERK
WE ISS SEROTA HELFMAN COLE & BIERM AN, P.L.
VILLAGE ATTORN EY
Page 2 of2
E X H IB IT A
SUB-RECIPIENT AGREEMENT CHECKLIST
DIVISION OF EMERGENCY MANAGEMENT
MITIGATION BUREAU
--·- - ·····--·-· ·------------ ---··----- --- -- - -----···---··-- ------- ----
REQUEST FOR REVIEW AND APPROVAL
I
SUB-RECIPIENT: I Villag~ of Key Sisca. ne ------------ _ _j
'l'BQ~ECT_#: 1 4486-103-R -· --------- _ ----~
;_PRO}~CT TIT_i::.~_;_-+Yillage of Key Biscayne,_Iwo _(g)J:_!-_J_f!)J)_§_t_§ljior:,_~, Generators___ I
.. .9.9.t:-,1.'!~~.~! i#_:_ ----· --j--lj_Q~XQ._._ ----· ·-·--·· ·-- -·---· -----· ---···--·--·--·-------·---··--·--·--·--·----··-··--··---·-···-•--I
. MODIFICATION#: _U!A _ _ ·------··--·---··-·-------- I
·-------·-- -·-·-- ··--·- ·----- --- ·-·---~-- ·-----------------·---,
SUB-RECIPIENT REPRESENTATIVE (POINT OF CONTACT)
I Jake Ozyman
Director of Public Works
, I 88 West McIntyre Street Ste 230
'-·---"-Key~yne, FL 33149 _
Enclosed is your copy of the proposed contract/modification between Village of Key Biscayne
and the Florida Division of Emergency Management (FDEM).
----·-· --
I COMPLETE
: .. O I This for~_~S..!:_~quired to be included wit~~~~ Revie~~..?.~provals, and Submittal
i D ! Signed electronic copy
r D ~ Reviewed and Approved I···-···· · · ····1· •· _... . ..... ------------ --·-·- • ----·-·-·-·-·-···-··••-•---··-····· ···•··•···· .. ···----·-·-·--·--·••-·-·-· ·-·--·--- ·-· ·j
1 D ' Signed and Dated by Official Representative i----!--,- Copy of the organization's resolution orch.-a_rt_e_r-th_a_t_s_p_e_ci-fi-ca-1-ly--id_e_n_t-ifi-e·s--th-e--,
~-------- 1 Q_~rso..o or position that is authorized to sign, ifl!_o.!._Chairman, Ma or, or Chief J D t Attachment I - Federal Funding Accountability and Transparency Act (FFATA) -
1 completed, signed, and dated
I
i. ! D N/A for Modifications or State Funded Agreements i---!-fAttachment f<°-· Certification Regarding Lobbying - completed, signed, and dated
' I
'
-------- ' __ O_l\!L.A,._for:...M.9difications or State _F_u_Q9_ed Ag__r~el"!_1ents . ----------; __ O __ ! Electronic Subm_~ttal to the Grant Sp_e_c_ia_lis_t_E_v_a_n_Je_n_k_in_s_o_n ~
If you have any questions regarding this contract, or who is authorized to sign it, please contact
your Project Manager at (850) 359-9295 or email me at Lauren.Boyles@em.myflorida.com.
Agreement Number: H0970
Project Number: 4486-103-R
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.1 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. §200.1, "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. §200.1, "Sub-Recipient" means "an entity, usually but not limited to non
Federal entities that receives a subaward from a pass-through entity to carry out part of a Federal
program."
As defined by 2 C.F.R. §200.1, "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. §200.1, "subaward" means "an award provided by a pass-through entity to a
Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through
entity."
The following information is provided pursuant to 2 C.F.R. §200.332:
Sub-Recipient's name:
Sub-Recipient's unique entity identifier (UEI/FEIN):
Federal Award Identification Number (FAIN):
Federal Award Date:
Subaward Period of Performance Start and End Date:
Amount of Federal Funds Obligated by this Agreement:
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement:
Total Amount of the Federal Award committed to the Sub-
Recipient by the pass-through entity
Federal award project description (see FFATA):
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:
Whether the award is R&D:
Indirect cost rate for the Federal award:
Village of Key Biscayne
650291811 / XJ2JCWSPC943
FEMA-DR-4486-FL
March 9, 2023
Upon execution through January 31, 2026
$171,710.86
$171,710.86
$171,710.86
Generators
Federal Emergency Management Agency
FL Division of Emergency Management
Lauren. Boyles@em. mvflorida. com
97.039 Hazard Mitigation Grant Program
N/A
N/A
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 Village of Key
Biscayne, (hereinafter referred to as the "Sub-Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Sub-Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub-Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302(a) 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) LA W S, RULES, REGULA TIONS AND POLICIES
a. The Sub-Recipient's 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 Sub-Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub-
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub-Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
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vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by
fill applicable State and Federal laws, rules and regulations, including those identified in Attachment B.
Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that
no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971 (2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
i. Monitor and document Sub-Recipient performance; and,
ii. Review and document all deliverables for which the Sub-Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Lauren Boyles
Project Manager
Bureau of Mitigation
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Telephone: (850) 359-9295
Email: Lauren .'Bc,yles@em.my.fl0rida. com
The Division's Alternate Grant Manager for this Agreement is:
Kathleen Marshall
Community Program Manager
Bureau of Mitigation
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Telephone: 850-815-4503
Email: Kathleen. Marshall@em.myflorida.com
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1. The nam e and address of the R epresentative of the Sub-Recipient responsible for the
adm inistration of this Agreem ent is:
Jake O zym an
D irector of Public W orks
88 W est M cIntyre Street Ste 230
Key Biscayne, FL 33149
Telephone: (305) 365-7568
Em ail: jozym an@ keybiscayne. fl .gov
2. In the event that different representatives or addresses are designated by either party after
execution of this Agreem ent, notice of the nam e, title and address of the new representative will
be provided to the other party.
(4 ) T E R M S A N D C O N D IT IO N S
This Agreem ent contains all the terms and conditions agreed upon by the parties.
(5) EX E C U T IO N
This Agreem ent may be executed in any num ber of counterparts, any one of which may
be taken as an original.
(6) M O DI FIC ATIO N
Either party may request m odification of the provisions of this Agreem ent. Changes
w hich are agreed upon shall be valid only when in w riting, signed by each of the parties, and attached to
the original of this Agreem ent.
(7) SC O PE OF W O RK
The Sub-Recipient shall perform the w ork in accordance with the Budget and Scope of
W ork, A ttachm ent A of this Agreem ent.
(8) PERIO D O F AG REEM ENT
This Agreem ent shall begin upon execution by both parties and shall end on January 31,
2026, unless term inated earlier in accordance with the provisions of Paragraph (17) of this Agreement.
C onsistent w ith the definition of "period of performance" contained in 2 C.F.R. §20 0.1, the term "period of
agreem ent" refers to the tim e during which the Sub-Recipient "m ay incur new obligations to carry out the
w ork authorized under" this Agreem ent. In accordance w ith section 215.971 (1 )(d), Florida Statutes, the
S ub-R ecipient m ay expend funds authorized by this Agreem ent "only fo r allowable costs resulting from
obligations incurred during" the period of agreem ent.
(9) FU N D IN G
a. This is a cost-reim bursem ent Agreem ent, subject to the availability of funds.
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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. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The
maximum reimbursement amount for the entirety of this Agreement is $171,710.86.
d. 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 Sub-Recipient,
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)."
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A,
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.
f. 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. §200.1 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.
§200.329, that the Division and the Sub-Recipient "relate financial data to performance goals and
objectives of the Federal award."
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation-personal
services") and 2 C.F.R. §200.431 ("Compensation-fringe benefits"). If the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient work, or other similar cause (See 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines
fringe benefits as "allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an
established policy of the Sub-Recipient. 2 C.F.R. §200.431 (b) provides that the cost of fringe benefits in
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the form of regula r co m pe nsatio n pa id to em ployee s during pe riods of authorize d absences from the job,
such as for annua l le ave , fam ily-re la ted leave, sick le ave , holida ys, court le ave , m ilitary leave ,
a d m inistrative le ave, and othe r sim ila r be ne fit s, are allow ab le if all of the fo llow ing crite ria are m et:
i. T hey are provide d unde r esta blishe d w ritt e n le ave policies;
ii. T he costs are equita bly allo cated to all re lated activities, includ ing Federal
a w ards; and ,
iii. T he acco unting basis (cash or accrua l) se lected fo r costing each type of
le ave is consistently follow ed by the no n-Fe de ra l entity or specified gro up ing of em p lo yee s.
h. If autho rized by the Fe de ral A w arding A ge ncy, the n the D ivisio n w ill re im burse the
S ub -R ecip ie nt for travel expe nse s in acco rda nce w ith 2 C .F .R. §200 .4 74. A s requ ired by the R eference
G u ide for State Expe nd itures, re im b ursem e nt fo r trave l m ust be in acco rda nce w ith se ctio n 112 .061,
Flo rida Statutes, w hich incl ude s sub m issio n of the cla im on the approved state travel vo uche r. If the Sub
R ecip ie n t see ks reim b urse m e nt fo r travel costs tha t exceed the am o unts stated in se ctio n 112 .0 61 (6 )(b),
Flo rida Statutes ($6 for brea kfast, $11 for lunch, and $19 fo r dinner), then the S ub -R ecip ient m ust provide
d o cum e n tatio n that:
i. T he costs are reaso na b le and do no t exceed cha rge s norm ally allow ed by
the S ub-R ecipie nt in its regu la r ope ratio ns as a result of the S ub -R ecipie nt's w ritt e n trave l po licy; and,
ii. Pa rt icipatio n of the ind ivid ual in the travel is ne cessary to the Federal aw ard.
i. T he D ivisio n's grant m a na ge r, as req uired by sectio n 215 .9 71 (2 )(c), Flo rida Statutes,
sha ll reco ncile and ve rify all funds received aga inst all funds expe nde d during the gra nt ag reem ent period
and produce a fina l reco nciliatio n re po rt . T he fina l report m ust ide ntify any fund s paid in excess of the
e xpe nd itures incurred by the S ub-R ecipie nt.
j. A s define d by 2 C .F .R. §2 00 .1, the te rm "im p rope r pa ym ent" m e a ns or include s:
i. A ny paym e nt that sho uld no t ha ve been m ade or tha t w as m a de in an
inco rrect am o unt (includ ing ove rpaym e nts and un de rpa ym e nts) unde r statuto ry , co ntractual,
ad m inistrative , or othe r le g a lly ap plica ble requirem e nts; and ,
ii. A ny pa ym e nt to an ine lig ib le pa rt y, any paym e nt for an ineligib le go od or
se rv ice , any dup licate pa ym e nt, any paym e nt for a go od or se rv ice no t received (e xce pt fo r such
pa ym e n ts w he re autho rize d by law ), any paym e nt tha t do e s not account fo r cred it for app lica ble
disco unts, and any pa ym e nt w he re insuff icie nt or lack of do cum entation preve nts a review e r fr om
disce rn ing w hethe r a paym e nt w as prope r.
(10 ) R E C O R D S
a. A s req u ired by 2 C .F .R. §200 .3 36, the Federal aw arding agency, Inspecto rs G e neral,
the C o m ptrolle r G e ne ra l of the U nited States, and the D ivisio n, or any of their authorize d representatives,
sha ll enjo y the rig ht of acce ss to any docum e nts, pa pers, or other records of the S ub -R ecip ie nt w hich are
p e rt ine nt to the F ede ral aw ard , in orde r to m a ke aud its, exam inatio ns, exce rpts, and transcripts. T he right
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of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required by 2 C.F.R. §200.332(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the
purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements (Chapter
119, Florida Statutes) and by 2 C.F.R. §200.334, the Sub-Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of five (5) years from the date of
submission of the final expenditure report. The following are the only exceptions to the five (5) year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the 5-year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
ii. When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, 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 5-year retention requirement is not applicable to the Sub-Recipient.
v. Records for program income transactions after the period of performance. In
some cases, recipients must report program income after the period of performance. Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
applies to the following types of documents and their supporting records: indirect cost rate computations
or proposals, cost allocation plans, and any similar accounting computations of the rate at which a
particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
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d. In accordance with 2 C.F.R. §200.335, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that
the records possess long-term retention value.
e. In accordance with 2 C.F.R. §200.336, the Division must alw ays provide or accept
paper versions of Agreem ent information to and from the Sub-Recipient upon request. If paper copies
are subm itted, then the D ivision must not require m ore than an original and two copies. W hen original
records are electronic and cannot be altered, there is no need to create and retain paper copies. W hen
original records are paper, electronic versions m ay be substituted through the use of duplication or other
fo rm s of electronic media provided that they are subject to periodic quality control reviews, pro vide
reasonable safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures
to safeguard pro tected personally identifiable information and other information the Federal awarding
agency or the D ivision designates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g. Florida's Govern m ent in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to govern m ental proceedings and m andates three,
basic requirem ents: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such m eetings must be given; and, (3) minutes of the m eetings must be taken and
prom ptly 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 govern m ent requirements. How ever, the Govern ment in the
Sunshine Law applies to private entities that provide serv ices to govern mental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the perform ance of its public purpose to a private entity, then, to the extent that private entity is
perform ing that public purpose, the Govern m ent in the Sunshine Law applies. For example, if a volunteer
fire departm ent pro vides firefighting serv ices to a govern mental entity and uses facilities and equipment
purchased with public funds, then the Govern m ent in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the G overn m ent in the Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub
R ecipient's govern ing board or the m eetings of any subcommittee m aking recomm endations to the
govern ing board m ay be subject to open govern m ent requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the m eetings shall be public records, available to the
public in accordance w ith chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local govern m ents as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials m ade or received by a govern m ental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
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perpetuate, comm unicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
docum entation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Budget and Scope of Work - Attachment A - 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) 815-7671 Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 32399.
(11) AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAA P"). As defined by 2 C.F.R.
§200.1, GAA P "has the m eaning specified in accounting standards issued by the Government Accounting
Standards Board (GASS) and the Financial Accounting Standards Board (FASS)."
c. W hen conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Govern ment Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.1, G AGAS, "also known as the Yellow Book, means generally accepted government auditing
standards issued by the Comptroller General of the United States, which are applicable to financial
audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reim bursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty (30) days after the Division has notified the Sub-Recipient of such non
com pliance.
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e. The Sub-R ecipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed
under chapter 473." The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audit must be received by the Division no later than nine months from the
end of the Sub-Recipient's fiscal year.
f. The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance w ith 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the follow ing
address:
DEM Single_Audit@ em .myflorida.com
OR
O ffice of the Inspector General
2555 Shum ard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by subm ission online at:
http://harv ester.census.gov/fac/collect/ddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
D ivision at the following address:
DEMSingle_Audit@ em .myflorida.com
O R
O ffice of the Inspector General
2555 Shum ard O ak Boulevard
Tallahassee, Florida 32399-2100
(12) REPO R TS
a. Consistent w ith 2 C.F.R. §200.328, the Sub-Recipient shall provide the Di vision with
quart erly reports and a close-out report. These reports shall include the current status and pro gress by
the Sub-Recipient and all subcontractors in com pleting the work described in the Scope of W ork and the
expenditure of funds under this Agreem ent, in addition to any other information requested by the Division.
b. Q uarterly 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 fo r each quarter of the program year are M arch 31, June 30,
Septem ber 30, and D ecem ber 31.
c. The close-out report is due sixty (60) days after termination of this Agreement or sixty
(60) days after com pletion of the activities contained in this Agreement, whichever first occurs.
10
d. If all required reports and copies are not sent to the Division or are not completed in a
m anner acceptable to the Division, then the Division may withhold further payments until they are
com pleted or may take other action as stated in Paragraph (16) REMEDI ES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub-Recipient shall provide additional reports and information identified in
Attachm ent F.
(13) MONITORING
a. The Sub-Recipient shall monitor its performance 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 W ork are being
accom plished 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 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 Di vision staff, limited scope audits, and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
O fficer or Auditor General. In addition, the Division will monitor the performance and financial
m anagement by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(14) LI ABILITY
a. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub-Recipient
shall hold the Division harmless against all claims of whatever nature by third parties arising from the
w ork performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is
not an em ployee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible fo r its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages pro ximately 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
11
sovereign im m unity by any Sub-Recipient to w hich sovereign im m unity 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 m atter arising out of any contract.
(15) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
D ivision to m ake furt her paym ent of funds shall term inate and the Division has the option to exercise any
of its rem edies set fo rth in Paragraph (16); how ever, the D ivision m ay make payments or partial paym ents
after any Events of D efault w ithout w aiving the right to exercise such remedies, and without becom ing
liable to make any furt her paym ent if:
a. Any w arranty or representation made by the Sub-Recipient in this Agreement or any
previous agreem ent w ith the D ivision is or becom es false or m isleading in any respect, or if the Sub
R ecipient fails to keep or perform any of the obligations, terms or covenants in this Agreem ent or any
previous agreem ent with the Division and has not cured them in tim ely fashion, or is unable or unw illing to
meet its obligations under this Agreem ent;
b. M aterial adverse changes occur in the financial condition of the Sub-Recipient at any
tim e during the term of this Agreem ent, and the Sub-Recipient fails to cure this adverse change within
thirty (30) days from the date w ritten notice is sent by the D ivision;
c. Any reports required by this Agreem ent have not been subm itted to the Division or
have been subm itted w ith incorrect, incom plete or insufficient information; or,
d. The Sub-Recipient has fa iled to perform and com plete on tim e any of its obligations
under this Agreem ent.
(16) REM ED IES
If an Event of Default occurs, then the D ivision shall, after thirty (30) calendar days
w ritten notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure w ithin those thirty (30)
days, exercise any one or m ore of the fo llow ing rem edies, either concurrently or consecutively:
a. Term inate this Agreem ent, provided that the Sub-Recipient is given at least thirty (30)
days prior w ritten notice of the term ination. The notice shall be effective w hen placed in the United
S tates, first class mail, postage prepaid, by registered or certified m ail-return receipt requested, to the
address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enfo rce performance of this
A greem ent;
c. W ithhold or suspend paym ent of all or any part of a request fo r paym ent;
d. R equire that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the law s, rules and regulations govern ing the use of these funds.
e. Exercise any corrective or rem edial actions, to include but not be lim ited to:
12
i. Request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub-Recipient.
(17) TERMINATION
a. The Division may terminate this Agreement for cause after thirty (30) days written
notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and
regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any
document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as
amended.
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub-Recipient with thirty (30) calendar day's prior written
notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18) PROCUREMENT
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a. T he Sub-R ecip ie nt sha ll ensure that any procurem e nt involving fund s autho rized by
the A gree m e nt co m p lies w ith all ap plica ble fed e ral and state law s and regulatio ns, to includ e 2 C .F .R.
§§20 0 .3 18 thro ugh 200 .3 27 as w e ll as A ppe nd ix II to 2 C .F .R. Part 20 0 (e ntitled "C o ntract Provisions for
N o n-F ede ra l Entity C o ntracts U nd e r F e de ral A w ards").
b. A s required by 2 C .F .R. §2 00.3 18 (i), the S ub-R ecip ie nt sha ll "m a inta in records
suff icie n t to deta il the history of procurem e nt. T hese reco rds w ill include, but are not nece ssa rily lim ited
to the fo llow ing : ratio na le fo r the m e tho d of procurem e nt, se le ction of contract type, co ntracto r se lection
or reje ctio n, and the ba sis for the co ntract price ."
c. A s requ ired by 2 C .F .R. §20 0.3 18 (b), the S ub-R ecip ie nt shall "m ainta in ove rsight to
en su re th a t co ntracto rs pe rf orm in acco rda nce w ith the term s, co nd itions, and specifications of the ir
co n tracts or purcha se orde rs." In orde r to de m o nstrate co m p liance w ith this requ irem ent, the S ub
R ecip ie n t sha ll do cum e nt, in its qua rt e rly repo rt to the D ivision, the progress of any and all subco ntractors
p e rf orm ing w o rk unde r this A gree m e nt.
d. T he Sub-R ecip ie nt ag rees to include in the subco ntract that (i) the subco ntracto r is
b o und by the te rm s of this A g reem e nt, (ii) the subcontracto r is bo und by all app lica ble state and fede ral
law s and reg ulatio ns, and (iii) the sub co ntracto r sha ll ho ld the Di visio n and Sub-R e cip ient harm le ss
aga inst all cl a im s of w hateve r na ture arising out of the subcontracto r's perf orm a nce of w o rk under this
A gree m e nt, to the ext e nt allow ed and req uired by law .
e. A s required by 2 C .F .R. §200 .3 18 (c)(1), the S ub-R ecip ie nt sha ll "m ainta in w ritt e n
standa rds of co nd uct covering co nflicts of inte rest and go vern ing the actio ns of its em ployee s enga ged in
the se le ctio n, aw a rd and adm inistratio n of contracts."
f. A s required by 2 C .F .R. §2 00 .3 19 (a), the Sub -R e cip ie nt sha ll co nd uct any
p rocure m e nt und e r this agree m e nt "in a m a nne r providing full and ope n co m pe titio n." A cco rding ly, the
S ub-R e cipie nt sha ll not:
i. Pla ce un reaso na ble requ irem ents on firm s in order fo r the m to qualify to do
b usine ss;
ii. R eq uire unne cessa ry expe rie nce or excessive bo nd ing ;
iii. U se no nco m petitive pricing practices betw ee n firm s or betw een aff iliated
co m pa nies;
iv. Execute no nco m petitive co ntracts to co nsultants that are on reta iner
co n tracts;
v. A utho rize , co ndo ne , or ig nore organizationa l conflicts of inte rest;
vi. Sp e cify only a brand na m e prod uct w itho ut allow ing vendors to off er an
equiva le nt;
14
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
g. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(c), shall not use a
geographic preference when procuring commodities or services under this Agreement.
h. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1 )(a), Florida Statutes.
i. The Sub-Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(2) as well as section 287.057(1)(b),
Florida Statutes.
j. For each subcontract, the Sub-Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in section 288. 703,
Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321
("Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms").
k. If the Sub-Recipient chooses to subcontract any of the work required under this
Agreement, then the Sub-Recipient shall review its competitive solicitation and subsequent contract to be
awarded for compliance with the procurement standards in 2 C.F.R. §§200.318 through 200.327 and
required contract provisions in Appendix II to 2 C.F.R. Part 200. If the Sub-Recipient publishes a
competitive solicitation or executes a contract that is not in compliance with the Federal procurement
standards in 2 C.F.R. §§200.318 through 200.327 or the requirements of Appendix II to 2 C.F.R. Part
200, then the Sub-Recipient is on notice that the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; or,
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that
solicitation.
I. FEMA has developed helpful resources for subgrant recipients related to compliance
with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 and required contract
provisions in Appendix II to 2 C.F.R. Part 200. These resources are generally available at
https :l lwww .<fern a. gov/p rocu ren:ient-d isaster-assistan ce-team.
15
(19) ATTACHMENTS
a. A ll att achm e nts to this A greem ent are incorporated as if set out fully.
b. In the eve nt of any inconsistencies or conflict betw een the language of this
A gree m e nt and the att achm e nts, the language of the att achm ents shall control, but only to the extent of
the co nflict or inconsistency.
c. T his A greem ent ha s the follow ing att achm ents:
i. Exhib it 1 - Funding S ources
ii. A tt achm e nt A - Budget and Scope of W ork
iii. A tt achm e nt B - P rogram Statutes and R egulations
iv. A ttachm ent C - Statem ent of A ssurances
v. A tt achm e nt D - R equest for A dvance or R eim bursem ent
vi. A tt achm ent E - Justification of A dvance Paym ent
vii. A tt achm ent F - Q uarterly R eport Form
viii. A tt achm e nt G - W arranties and R epresentations
ix. A tt achm ent H - C ert ification R egarding D ebarm ent
x. A tt achm e nt I - Federal Funding A ccountability and T ransparency A ct
xi. A tt achm e nt J - M andatory C ontract Provisions
xii. A tt achm e nt K - C ert ification R egarding Lobbying
(20) PAYMENTS
a. A ny adva nce paym ent under this A greem ent is subject to 2 C .F .R. §200.305 and, as
applica ble , section 216 .18 1 (16 ), Florida Statutes. A ll advances are required to be he ld in an interest
be a ring acco unt. If an advance paym ent is requested, the budget data on w hich the request is based and
a justificatio n statem ent shall be included in this A greem ent as A tt achm ent E . A ttachm ent E w ill specify
the am o unt of adva nce pa ym ent ne eded and provide an explanation of the necessity for and proposed
use of these funds. N o adva nce sha ll be accepted fo r processing if a reim bursem ent has been paid prior
to the sub m itt al of a request fo r adva nced paym ent. A ft er the initial advance, if any, paym ent shall be
m ade on a re im b urse m ent ba sis as ne eded.
b. Invo ices sha ll be subm itt ed at least quarterly and shall include the supporting
do cum e ntatio n for all costs of the proje ct or serv ices. The final invoice shall be subm itted w ithin sixty (60)
da ys aft er the expiration da te of the ag reem ent. A n explanation of any circum stances prohibiting the
sub m itt al of qua rt e rly invo ices shall be subm itt ed to the D ivision grant m anager as part of the S ub
R ecip ie nt's qua rt e rly repo rt ing as referenced in Paragraph (12 ) of this A greem ent.
c. If the ne cessa ry funds are not available to fund this A greem ent as a result of action
by the U nited States C ong ress, the fede ral O ffice of M anagem ent and Budgeting, the State C hief
Fina ncia l O ff ice r or under sub pa rag raph (9)b. of this A greem ent, all obligations on the part of the D ivision
16
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty (30) days of receiving notice from the Division.
(21) REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Division of Emergency Management", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of $15.00 or 5%
of the face amount of the returned check or draft, whichever is greater.
(22) MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty (30) days written notice to the Sub-Recipient, cause the termination of this
Agreement and the release of the Division from all its obligations to the Sub-Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
17
a pub lic entity, m ay no t be aw arded or pe rf orm w ork as a co ntracto r, sup plier, subco ntracto r, or
co n su ltant unde r a co ntract w ith a pub lic entity, and m ay not transa ct business w ith any public entity in
e xcess o f $2 5 ,0 00 .0 0 for a pe rio d of 36 m o nths from the date of being placed on the co nvicted ve ndor list
or on the discrim inato ry vend o r list.
f. A ny S ub-R ecipie nt w hich is not a loca l go ve rn m ent or state age ncy, and w hich
rece ives funds unde r this A gree m e nt from the fede ral go vern m ent, ce rt ifie s, to the be st of its know le dge
an d b e lief, that it and its principa ls or affi lia tes:
i. A re no t prese ntly de ba rred, suspende d , pro pose d for de ba rm ent, de clared
ine ligib le , vo lunta rily exclude d or disqua lified from cove red transa ctions by a federal de part m ent or
a ge ncy;
ii. H a ve not, w ithin a five-yea r pe rio d preceding this proposa l be e n co nvicted of
or ha d a civil judg m e nt rende red aga inst the m for fraud or a crim inal off ense in co nne ction w ith obta ining,
a ttem pting to obtain , or pe rf orm ing a pub lic (fede ra l, state or loca l) tra nsaction or contract und er pub lic
tran sa ctio n; vio la tio n of fede ral or state antitrust statutes or com m ission of em bezzlem e nt, the ft, fo rgery ,
bribe ry , falsificatio n or de structio n of reco rds, m a king false statem ents, or rece iving sto len propert y;
iii. A re not prese ntly ind icted or otherw ise crim inally or civilly cha rge d by a
g overn m e ntal entity (fed e ral, state or lo ca l) w ith co m m issio n of any off ense s enum e rated in pa rag raph
(22) f. ii. of this ce rt ifi catio n; and ,
iv. H a ve no t w ithin a five-yea r pe rio d preceding this A g ree m e nt ha d one or m ore
public transactio ns (fede ral, state or lo ca l) term inated for ca use or de fault.
g. In additio n, the Sub-Recip ient shall send to the Division (by em ail or by
facsim ile transm issio n) the com pleted "C ertification Regarding D ebarm ent, Suspension,
Inelig ibility A nd Voluntary Exclusio n" (Attachm ent H) for each intended subcontractor w hich Sub
R ecip ient plans to fund under this Agreem ent. The fo rm m ust be received by the Division befo re
the S ub-Recip ient enters into a co ntract w ith any subcontractor.
h. T he Di visio n rese rv es the rig ht to unilaterally ca nce l this A greem e nt if the S ub
R ecip ie nt refuse s to allow pub lic access to all docum ents, pa pe rs, le tt e rs or other m ateria l subje ct to the
pro visio ns of cha pte r 119 , Flo rida Statutes, w hich the Sub-R ecip ient created or received un de r this
A gree m e nt.
i. If the Sub-R ecip ie nt is allow ed to tem po rarily invest any advances of funds under this
A gree m e nt, any inte rest incom e sha ll eithe r be return ed to the D ivision or be applie d aga inst the
D ivisio n's ob lig a tio n to pa y the co ntract am o unt.
j. T he State of F lo rid a w ill not inte ntiona lly aw ard pub licly-funde d co ntracts to any
co ntracto r w ho know ing ly em plo ys una uthor ize d alie n w orke rs, co nstituting a violatio n of the em p lo ym ent
p ro visio ns co nta ine d in 8 U .S .C . S ectio n 13 24 a (e) [S ectio n 274A (e ) of the Im m ig ration and N a tio nality A ct
("IN A ")]. T he Di visio n sha ll co nside r the em p loym e nt by any co ntracto r of unauthorized alie ns a vio lation
18
of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
k. 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.
I. 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), Florida Statutes, or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or
Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a
boycott of Israel.
(23) LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
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
19
co nnectio n w ith this F edera l co ntract, grant, loan or cooperative agreem ent, the S ub-R ecipient shall
co m p le te and subm it Sta nd a rd F orm -LLL, "D isclosure of Lobbying A ctivities."
iii. T he S ub -R ecipient shall require that this certification be included in the
aw ard do cum e nts for all sub aw a rds (including subcontracts, subgrants, and contracts under grants,
lo ans, and coo perative ag ree m ents) and that all S ub-R ecipients shall certify and disclose.
iv. T his ce rt ification is a m aterial representation of fact upon w hich reliance w as
pla ced w he n this tra nsactio n w as m ade or entered into. S ubm ission of this certification is a prerequisite
fo r m a king or ente ring into this transa ction im posed by S ection 13 52, T itle 31, U .S . C ode. A ny person
w ho fails to file the required ce rt ification shall be subject to a civil penalty of not less than $10 ,000 and not
m o re tha n $10 0 ,0 0 0 for each such failure.
(24 ) C O P Y R IG H T , PA T E N T A N D T RA D E M A R K
EXC EPT AS PR O VIDED BELO W , ANY AND ALL PATENT RIG HTS ACCR UING
UN DER O R IN CO NN EC TIO N W ITH THE PERFORMA NCE O F THIS AG REEM ENT ARE HEREBY
RESERVED TO THE STATE O F FLO R ID A; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
O R IN CO NN ECTIO N W IT H THE PERFO RMANCE O F THIS AG REEMENT ARE HEREBY
TRA NSFERR ED B Y THE SU B -R ECIPIENT TO THE STATE O F FLORIDA.
a. If the S ub-R ecip ient has a pre-existing patent or copyright, the S ub-R ecipient shall
reta in all rig hts and entitlem ents to tha t pre-existing patent or copyright unless the A greem ent provides
othe rw ise .
b. If any discove ry or invention is developed in the course of or as a result of w ork or
se rv ices pe rf orm e d under this A gree m e nt, or in any w ay connected w ith it, the S ub-R ecipient shall refer
the disco very or inve ntion to the D ivision for a determ ination w hether the State of Florida w ill seek patent
pro tectio n in its na m e. A ny pate nt rig hts accruing under or in connection w ith the perf orm ance of this
A gree m e nt are rese rv ed to the State of Florida. If any books, m anuals, film s, or other copyrightable
m a te ria l are prod uced, the S ub-R e cipie nt shall notify the D ivision. A ny copyrights accruing under or in
co nne ctio n w ith the perf orm ance und e r this A greem ent are transferred by the S ub-R ecipient to the State
of Flo rida .
c. W ithin thirt y (3 0) da ys of execution of this A greem ent, the S ub-R ecipient shall
disclo se all intellectual pro pert ies relating to the perf orm ance of this A greem ent w hich he or she know s or
sho uld know co uld give rise to a pa te nt or copyright. T he S ub-R ecipient shall retain all rights and
entitle m e nts to any pre-existing inte lle ctual property w hich is disclosed. Failure to disclose w ill indicate
tha t no such property exists. T he D ivision shall then, under Paragraph (24) b., have the right to all
pa te nts and copyrig hts w hich accrue during perf orm ance of the A greem ent.
d. If the S ub -R e cip ient qualifies as a state university under Florida law , then, pursuant
to se ctio n 10 04 .23 , F lorida Statutes, any invention conceived exclusively by the em ployees of the Sub
R e cip ie nt sha ll be com e the so le pro pe rt y of the Sub-R ecipient. In the case of joint inventions, that is
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inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida
government purposes.
(25) LEGAL AUTHORIZATION
The Sub-Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
(26) 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 C.F.R. 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
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such em ployee or applicant has inquired about, discussed, or disclosed
the com pensation of the em ployee or applicant or another em ployee or
applicant. This provision shall not apply to instances in which an
em ployee w ho has access to the com pensation information of other
em ployees or applicants as a part of such em ployee's essential job
functions discloses the com pensation of such other em ployees or
applicants to individuals w ho do not otherw ise have access to such
info rm ation, unless such disclosure is in response to a fo rmal com plaint
or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the em ployer, or is
consistent with the contractor's legal duty to furn ish information.
iv. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreem ent or other
contract or understanding, a notice to be provided advising the said labor
union or w orkers' representatives of the contractor's com m itm ents under
this section, and shall post copies of the notice in conspicuous places
available to em ployees and applicants fo r em ployment.
v. The contractor w ill com ply w ith all provisions of Executive Order
11246 of Septem ber 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
vi. The contractor will furn ish all inform ation and reports required by
Executive O rder 11246 of Septem ber 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will perm it access to his books, records, and accounts by the
adm inistering agency and the Secretary of Labor fo r purposes of
investigation to ascertain com pliance w ith such rules, regulations, and
orders.
vii. In the event of the contractor's noncom pliance with the
nondiscrim ination clauses of this contract or w ith any of the said rules,
regulations, or orders, this contract m ay be canceled, terminated, or
suspended in whole or in part and the contractor m ay be declared
ineligible fo r further Govern m ent contracts or federally assisted
construction contracts in accordance w ith procedures authorized in
Executive O rder 11246 of Septem ber 24, 1965, and such other sanctions
may be im posed and rem edies invoked as provided in Executive O rder
11246 of Septem ber 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherw ise provided by law .
viii. The contractor will include the portion of the sentence
im m ediately preceding paragraph (1) and the pro visions of paragraphs
(1) through (8) in every subcontract or purchase order unless exem pted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive O rder 11246 of Septem ber 24, 1965, so that
such provisions w ill be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the adm inistering agency m ay direct as a m eans of
enfo rcing such provisions, including sanctions fo r noncom pliance:
P ro vided , how ever, that in the event a contractor becomes involved in, or
is threatened with, litigation w ith a subcontractor or vendor as a result of
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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 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.
(27) COPELAND ANTI-KICKBACK ACT
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S. C. § 87 4,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
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The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28) 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 C.F.R. 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.
(29) 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).
(30) 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.
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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.
(31) 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.
If this subgrant agreement amount is $100,000 or more, the Sub-Recipient, and
subcontractors as applicable, shall sign Attachment K - Certification Regarding Lobbying.
(32) 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 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;
25
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").
(33) ASSURA NCES
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB-RECIPIENT: VILLAGE OF KEY BISCAYNE
By: _
Name and Title: _
Date: _
FEID#: ----------
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: _
Name and Title: --"-K=e'-'-v-"-'in'-'G=u=t'""hr""'ie.......:D=ir=e=ct=o'-r _
Date: _
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