HomeMy Public PortalAbout2023-58 Accepting a Federal Emergency Management Agency FEMA matching hazard mitigation grant to complete phase 1 of the Gardens District Drainage Improvements ProjectRE SOLUTION NO. 2023-58
A RE SOLUTION OF THE VILLAGE COUN CIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A
FEDERA L EM ERGENCY MANAGEMENT AGENCY
(FEMA) MATCHING HAZARD MITIGATION GRA NT IN
AN AM OUNT OF $358,150 TO COM PLETE PHASE 1 OF
THE GARD ENS DISTRICT DRA INAGE IMPROVEM ENTS
PROJE CT AND APPROVING AN AGRE EMENT RE LATED
TO THE SAM E; PROVIDING FOR AUTHORI ZATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
W HERE AS, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, the Federal Emergency Management Agency ("FEMA"), through the Florida Division of
Emergency Management (FDEM), may award municipalities grants under the Hazard Mitigation
Grant Program (the "Grant") to fund eligible hazard mitigation measures that reduce or eliminate
long-term risks to people and property from future disasters; and
W HERE AS, the Village of Key Biscayne (the "Village") desires to complete phase 1 of the
Gardens District Drainage Improvements Project (the "Project"); and
W HERE AS, FEMA has awarded the Village a Grant in an amount of $358,150 for the
Project, which the Village will match in an amount not to exceed $37,700; 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
W HERE 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.
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Section 2. Acceptance and Approval. That the Village Council hereby accepts the
Gr ant in an amount of $358,150 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
Man ager 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.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
~J~
WE ISS SEROTA HELFMAN COLE & BIERM AN, P.L.
VILLAGE ATT ORN EY
Page 2 of2
E X H IB IT A
Sus-RECIPIENT AGREEMENT CHECKLIST
DIVISION OF EMERGENCY MANAGEMENT
MITIGATION BUREAU
FISCAL OPERATIONS UNIT
HMGP
REQUEST FOR REVIEW AND APPROVAL
SUB-RECIPIENT: Villa~ of Key Biscayne ---·· -------- -
PROJECT#: 4486-092-R -- -- -
PROJECT TITLE: VJ!!.age'of Key Biscayne, Garden~_District, Drainage _ -
CONTRACT#: H1021 - - -- -- -- --
MODIFICATION #: N/A - ------ - - - ------- -
SUB-RECIPIENT REPRESENTATIVE (POINT OF CONTACT)
Colleen Blank
Capital Improvements Program and Grant Manager
88 West McIntyre Road
Key Biscayne, FL 33149
·--------
Enclosed is your copy of the proposed contract/modification between Village of Key Biscayne
and the Florida Division of Emergency Management (FDEM).
-- - - - - -------- --- ...
COMPLETE
! -
..I_hi~ form is r~quired to be _i_ncluded with all Re_view~, Approvals, and Sub~ittals
! Reviewed and Approved - ~! Signe~ & Dated Electronic Copy by Official Representative - -- - -! Copy of the organization's resolution or charter that specifically identifies the
person or position that is authoriz~d to sign, if not Chairma_n.L Mayor, or Chief
! Attachment I - Federal Funding Accountability and Transparency Act (FFATA) -
completed, signed, and dated
D N/A for Modifications or State Funded Agreements - - - ! - -- - --- - -- - --
Attachment K - Certification Regarding Lobbying - completed, signed, and dated
D N/A for Modifications or State Funded Agreements - - - - !- ~ - - -- - -- - - -
Attachment L - Contracts with Non-Profit Organizations - completed, signed, and
dated
! Electronic Submittal to the Grant Specialist
-- ·- - --- - -- -
If you have any questions regarding this contract, or who is authorized to sign it, please contact
your Project Manager at (850) 391-8406 or email me at Lillian.Whitcomb@em.myflorida.com.
A g re em ent N um ber: H 10 21
Projec t N u m b er: 44 86-092-R
FEDERA LLY-FUNDED SUBAWARD AND GRA NT 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
May 31, 2023
Upon execution through August 31, 2024
$358,150.00
$358,150.00
$358,150.00
Drainage
Federal Emergency Management Agency
FL Division of Emergency Management
Lillian. Wh itcomb@em. myflorida. 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) LAWS, RULES, REGULATIONS 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 pro vision 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
2tl 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) CO NTACT
a. In accordance with section 215.971 (2), Florida Statutes, the Division's Grant
M anager shall be responsible for enfo rcing 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
fo r the Division shall:
i. M onitor 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:
Lillian W hitcomb
Project Manager
Bureau of Mitigation
Florida Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Telephone: 850-391-8406
Email: Lillian.W hitcomb@ em.myflorida.com
The Division's Altern ate Grant Manager for this Agreement is:
Kathleen Marshall
Community Pro gram 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 name and address of the Representative of the Sub-Recipient responsible for the
administration of this Agreement is:
Colleen Blank
Capital Improvements Program and Grant Manager
88 West McIntyre Road
Key Biscayne, FL 33149
Telephone: 305-365-8948
Email: cblank@keybiscayne.fl.gov
2. In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will
be provided to the other party.
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(7) SCOPE OF WORK
The Sub-Recipient shall perform the work in accordance with the Budget and Scope of
Work, Attachment A of this Agreement.
(8) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end on August 31,
2024, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement.
Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.1, the term "period of
agreement" refers to the time during which the Sub-Recipient "may incur new obligations to carry out the
work authorized under'' this Agreement. In accordance with section 215.971 (1 )(d), Florida Statutes, the
Sub-Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from
obligations incurred during" the period of agreement.
(9) FUNDING
a. This is a cost-reimbursement Agreement, 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 $358,150.00.
d. As required by 2 C.F.R. §200.41 S(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 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.
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112. 061 (6)(b ),
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide
documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division's grant manager, as required by section 215.971 (2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
j. As defined by 2 C.F.R. §200.1, the term "improper payment" means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
(10) RECORDS
a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
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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, coqnizant 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 always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
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perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of 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 ("GAAP"). As defined by 2 C.F.R.
§200.1, GAAP "has the meaning specified in accounting standards issued by the Government Accounting
Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.1, GAGAS, "also known as the Yellow Book, means generally accepted government auditing
standards issued by the Comptroller General of the United States, which are applicable to financial
audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty (30) days after the Division has notified the Sub-Recipient of such non
compliance.
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e. The Sub-Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed
under chapter 473." The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audit must be received by the Division no later than nine months from the
end of the Sub-Recipient's fiscal year.
f. The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following
address:
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collecUddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DE MSing le_Audit@em. myflorida. com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12) REPORTS
a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub-Recipient and 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 close-out 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.
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d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with 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
Attachment 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 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 and reported in the
quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope 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
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(14) LIABILITY
a. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement 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
work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is
not an employee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
11
sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any 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
Division to m ake further payment of funds shall terminate and the Division has the option to exercise any
of its remedies 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 m ake any further payment if:
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
m eet its obligations under this Agreement;
b. M aterial adverse changes occur in the financial condition of the Sub-Recipient at any
tim e during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within
thirty (30) days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty (30) calendar days
written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty (30)
days, exercise any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, pro vided that the Sub-Recipient is given at least thirty (30)
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class m ail, 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. W ithhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub-Recipient refund to the Di vision 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:
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
13
a. The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards").
b. As required by 2 C.F.R. §200.31 B(i), the Sub-Recipient shall "maintain records
suffici ent to detail the history of procurement. These records will include, but are not necessarily limited
to the fo llow ing: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200.31 B(b), the Sub-Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d. The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
law s and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
e. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
f. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any
procurem ent under this agreement "in a manner pro viding full and open competition." Accordingly, the
Sub-Recipient shall not:
i. Place unr easonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
v. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
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. "Except 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://ww w.fema.gov/procurement-disaster-assistance-team.
15
(19) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict betw een 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 Scope of W ork
iii. Attachment B - Program Statutes and Regulations
iv. Attachment C - Statement of Assurances
v. Attachment D - Request for Advance or Reimbursement
vi. Attachment E - Justification of Advance Payment
vii. Attachment F - Quarterly Report Form
viii. Attachment G - W arranties and Representations
ix. Attachment H - Certification Regarding Debarment
x. Attachment I - Federal Funding Accountability and Transparency Act
xi. Attachment J - Mandatory Contract Provisions
xii. Attachment K - Certification Regarding Lobbying
(20) PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest
bearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. 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.
b. Invoices shall be submitted at least quarterly and shall include the supporting
docum entation fo r all costs of the project or services. The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
subm ittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub
Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial O fficer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division
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 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 discrim inatory vendor list.
f. Any Sub-Recipient which is not a local government or state agency, and 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-year period preceding this proposal been convicted of
or had a civil judgm ent rendered against them for fraud or a criminal offense in connection with obtaining,
attem pting 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 , fa lsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherw ise criminally or civilly charged by a
govern m ental entity (federal, state or local) with commission of any offenses enumerated in paragraph
(22) f. ii. of this certification; and,
iv. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
g. In addition, the Sub-Recipient shall send to the Division (by email or by
facsimile transmission) the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub-Recipient enters into a contract with any subcontractor.
h. The Division reserves the right to unilaterally cancel this Agreement if the Sub
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
pro visions of chapter 119, Florida Statutes, which the Sub-Recipient created or received under this
Agreem ent.
i. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be return ed to the Division or be applied against the
Division's obligation to pay the contract amount.
j. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("IN A ")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
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
connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall
com plete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Sub-Recipient shall require that this certification be included in the
aw ard documents fo r all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was m ade or entered into. Submission of this certification is a prerequisite
fo r 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 fo r each such failure.
(24) CO PYRIG HT, PATENT AND TRA DEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
. OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRA NSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherw ise.
b. If any discovery or invention is developed in the course of or as a result of work or
serv ices performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
pro tection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida.
c. W ithin thirty (30) days of execution of this Agreement, the Sub-Recipient shall
disclose all intellectual properties relating to the performance of this Agreement which he or she knows or
should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and
entitlem ents 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 (24) b., have the right to all
patents and copyrights which accrue during performance of the Agreement.
d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub
Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is
20
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 AUTHORIZA TION
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
21
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 otherw ise have access to such
info rmation, 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 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 furn ish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
adm inistering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
o~era . '
vii. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Govern ment contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
m ay 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 otherw ise provided by law.
viii. The contractor will include the portion of the sentence
im mediately preceding paragraph (1) and the provisions of paragraphs
(1) through (8) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enfo rcing such provisions, including sanctions for noncompliance:
Pro vided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
22
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 11, 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. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
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.
23
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
subcontractoras provided in 29 C.F.R. § 5.12.
(28) CONTRA CT WORK HOURS AND SAFETY STANDARDS
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $10 0,000 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.
24
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
m ay 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 thro ughout 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-LO BBYING AMENDMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract m ust 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 forw arded 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) CO NTRA CTING W ITH SMALL AND MINORITY BUSINESSES, W OMEN'S BUSINESS
ENTERPRISES, AND LA BO R 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 m aximum 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 Adm inistration and the Minority Business Development Agency of the Department of
Com merce; 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
docum ent 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 m aximum participation by small and minority businesses, and
w omen'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
Attachm ent C.
26
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB-RECIPIENT: VILLA GE 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: _
27
EXHIBIT-1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: Federal Em ergency Managem ent Agency: Hazard Mitigation Grant
Catalog of Federal Domestic Assistance title and number: 97.039
Award amount: $358,150.00
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
• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
• Sections 1361 (A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by
the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter
Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264
• 31 C.F.R. Part 205 Rules and Procedures for Funds Transfers
Federal Program:
1. Sub-Recipient is to use funding to perform the following eligible activities:
• Localized Minor Drainage Improvement
2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
28
Attachm ent A
B udget and Scope of W ork
STATEMENT OF PURPOSE:
The purpose of this Scope of Work is to improve drainage of the Gardens District in Key Biscayne, Miami
Dade County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4486-092-R, as
approved by the Florida Division of Emergency Management (Division) and the Federal Emergency
Management Agency (FEMA).
The Sub-Recipient, Village of Key Biscayne, shall conduct Phase I of this project, which includes the
preliminary engineering designs and calculations, surveys, permitting, and notices. No construction
activities are approved at this time. The Sub-Recipient shall complete the Phase I work in accordance with
all applicable federal, state and local laws, regulations and codes.
PROJECT OVERVIEW:
As a Hazard Mitigation Grant Program project, the Sub-Recipient proposes drainage improvements to the
Gardens District area, located along East Enid Drive, Sunrise Drive, Galen Drive, and Ocean Lane in
Key Biscayne, Florida, 33149. Coordinates (25.691601, -80.158699).
The scope of work is for Phase I only, which includes but is not limited to surveying, engineering, design,
plans preparation, permitting and bidding for the proposed project, for Phase II approval. No construction
activities for this project have been approved.
When completed, the Sub-Recipient shall provide deliverables for Phase II review of the following
proposed activities.
The Phase II proposed scope of work shall provide protection by improving the undersized existing
drainage infrastructure by installing approximately 4,850 linear feet of 24-inch high density polyethylene
pipe (HOPE) below grade system to collect water from curbs and inlets. The project includes the
installation of three new injection wells and a pump station, deepening the existing and construction of
new ditches and catch basins to increase collection and exfiltration capacity, and the necessary road
and sidewalk concrete restoration. The Gardens District is an approximately 1,500 household area made
up of multi-unit residences, specifically condos or townhomes. Currently the existing stormwater
structure relies on an undersized pump station, which shall remain operational, to move the water from
the area into the Crandon Boulevard drainage to the west. The area experiences recurrent road and
structural flooding from low to high intensity storm events affecting more than 4,750 residents. The
project shall address the deficiency of the exfiltration and conveyance capacity of the existing drainage
· system, preventing expensive flooding damages and maintenance to roads and structures, and allow
access to emergency responders who might be needed for fire, medical, or public safety during and after
a storm event.
The project shall be designed to provide protection against a 100-year storm event. Activities shall be
completed in strict compliance with Federal, State and Local applicable Rules and Regulations.
TASKS & DELIVERABLES:
A) Tasks:
1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute
a contract with the selected bidder to complete the Phase I scope of work as approved by the Division
and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance
with the Sub-Recipient's procurement policy as well as all federal and state laws and regulations.
29
A ll pro curem ent activities shall contain sufficient source documentation and be in accordance with all
applicable regulations.
T he S ub-R ecipient and contractor shall be responsible fo r m aintaining a safe and secure worksite for
the duration of the w ork. The contractor shall maintain all areas in a neat and presentable condition.
T he Sub-R ecipient shall ensure that no contractors or subcontractors are debarred or suspended from
part icipating in federally funded projects.
T he selected contractor shall have a current and valid occupational license/business tax receipt issued
fo r the type of serv ices being perform ed. The Sub-Recipient shall provide documentation
dem onstrating the results of the procurem ent process. This shall include a rationale for the method of
procurem ent and selection of contract type, contractor selection and/or rejection and bid tabulation and
listing, and the basis of contract price.
T he Sub-R ecipient shall pro vide an executed "D ebarment, Suspension, Ineligibility, Voluntary
Exclusion Form " for each contractor and/or subcontractor performing serv ices under this agreement.
Executed contracts w ith contractors and/or subcontractors shall be provided to the Di vision by the Sub
R ecipient.
T he S ub-R ecipient shall provide copies of pro fessional licenses fo r contractors selected to perform
serv ices. T he S ub-Recipient shall provide a copy of a current and valid occupational license or
business tax receipt issued fo r the type of serv ices to be performed by the selected contractor.
2) T he Sub-R eci pient shall m onitor and m anage the Phase I portion of this project in accordance with the
H azard M itigation G rant Pro gram application and supporting docum entation as submitted to the
D ivision and subsequently approved by the D ivision and FEM A. The Division and FEMA shall render
a Phase II determ ination upon com pletion of the review of Phase I deliverables. No construction
activities are appro ved at this tim e. The Sub-Recipient shall ensure that all applicable state, local and
federal law s and regulations are fo llow ed and docum ented, as appropriate.
Phase I consists of fees; fo r conducting surv ey, drainage study, engineering, design, public notices,
and/or perm itting associated w ith the m odification(s) needed to upgrade the drainage. Verification of
upstream and dow nstream im pacts shall be necessary fo r determining pro ject eligibility.
A ll Phase I w ork shall be com pleted in accordance with all applicable state, local and federal laws and
regulations and docum ented, as appropriate.
U pon com pletion of Task 2, the Sub-Recipient shall subm it the follow ing documents with sufficient
support ing docum entation and provide a sum m ary of all scope of work changes, if any.
a) Tw o sets of engineering Signed/Sealed final design and analysis, surv eying, and Hydrologic and
H ydraulic (H &H) Studies.
b) C onstruction Plans / bid docum ents.
c) R evised cost estim ate fo r Phase II - construction (incl ude Phase I costs), to implement the design
pro ject.
d) D esign docum ents shall provide a detailed description which includes specifics on project scope
of w ork, depth and extent of ground disturbance at all construction locations of the pro ject.
e) C olor m aps including topographical, aerial, and gro und disturbance.
f) C olor photographs of the project area and areas of ground disturbance.
g) C opy of all enviro nm ental perm its or applications; any obtained from the Florida Department of
Environm ental Protection (FD E P ), and/or local W ater M anagem ent District (W MD) shall be
required. A ny conditions fo r com pliance shall be included in the final design plans, narrative and
project im plem entation actions.
30
h) Copy of the United States Army Corps of Engineers (USAGE) or Florida Department of
Enviro nmental Pro tection (FDEP) Section 404 r,Armit nr No Permit Required notification from the
appro priate permitting agency.
i) A letter from the professional of record stating if the project will have any upstream and/or
dow nstream impacts.
j) Any other documentation requested by the Division, not limited to Project Conditions and
Requirements herein.
3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and local share) related to the project. In some cases, all project activities may not be fully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
partial reim bursement may be requested.
The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with each
reim bursement request attesting to the completion of the work, that disbursements or payments were
m ade in accordance with all agreement and regulatory conditions, and that reimbursement is due and
has not been previously requested.
The Sub-Recipient shall m aintain accurate time records. The Sub-Recipient shall ensure invoices are
accurate and any contracted services were rendered within the terms and timelines of this agreement.
All supporting documentation shall agree with the requested billing period. All costs submitted for
reim bursement shall contain adequate source documentation which may include but not be limited to:
cancelled checks, bank statements, Electro nic Funds Transfer, paid bills and invoices, payrolls, time
and attendance records, contract and subcontract award documents.
Direct Expenses: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the
contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices,
and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or
charges are legitimate and clearly identify the activities being performed and associated costs.
Sub-Recipient M anagement Costs (SRMC) expenditure must adhere to FEMA Policy #104-11-1
HM GP M anagement Costs (Interim) signed November 14, 2018. FEMA defines management costs
as any: Indirect costs, Direct administrative costs, and other administrative expenses associated with
a specific project. Administrative costs are expenses incurred by a Sub-Recipient in managing and
adm inistering the federal award to ensure that federal, state requirements are met including:
solicitation, development, review, and processing of sub-applications; delivery of technical assistance;
quarterly progress and fiscal reporting; project monitoring; technical monitoring; compliance activities
associated with federal pro curement requirements; documentation of quality of work verification for
quarterly reports and closeout; payment of claims; closeout review and liquidation; and records
retention.
Any activities that are directly related to a pro ject are not eligible under management costs. For
exam ple, architectural, engineering, and design services are project costs and cannot be included
under m anagement costs. Similarly, construction management activities that manage, coordinate, and
supervise the construction pro cess from pro ject scoping to project completion are project costs. These
activities cannot be included under management costs.
Due to Strategic Funds M anagement (SFM), SRMC Interim Policy requires management costs to be
obligated in increments sufficient to cover Sub-Recipient needs, for no more than one year, unless
contractual agreements require additional funding. FEMA has established a threshold where annual
increments will be applied to larger awards allowing smaller awards to be fully obligated. Obligations
will be handled by the size of the total subaward.
The Sub-Recipient shall pre-audit all SRMC source documentation - personnel, fringe benefits, travel,
equipment, supplies, contractual, and indirect costs. A brief narrative is required to identify what the
31
funds will be used for. Documentation shall be detailed and clearly describe each approved task
performed, hours devoted to each task, and the hourly rate charged including enough information to
calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly
shown on the Personnel Activity Form, and all Personnel or Contractual SRMC shall be invoiced
separate from all other project costs.
Project Management Expenses (only applies to disasters prior to August 1, 2017, all others adhere to
FEMA Policy #104-11-1 for SRMC): The Sub-Recipient shall pre-audit source documentation such as
payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information
describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour
including enough information to calculate the hourly rates based on payroll records. Employee benefits
shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work was completed prior to the approved
project start date by verifying vendor and contractor invoices. The Division shall verify that reported
costs were incurred in the performance of eligible work, that the approved work was completed, and
that the mitigation measures are in compliance with the approved scope of work prior to processing
any requests for reimbursement.
Review and approval of any third-party in-kind services, if applicable, shall be conducted by the Division
in coordination with the Sub-Recipient.
Quarterly reports shall be submitted by the Sub-Recipient and received by the Division at the times
provided in this agreement prior to the processing of any reimbursement.
The Sub-Recipient shall submit to the Division requests for reimbursement of actual Phase I costs
related to the project as identified in the project application and this scope of work. The Requests for
Reimbursement (RFR) shall include:
a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services
performed, description of services performed, location of services performed, cost of services
performed, name of service provider and any other pertinent information;
b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for
invoiced services;
c) Clear identification of amount of costs being requested for reimbursement as well as costs being
applied against the local match amount.
The Sub-Recipient's Request for Reimbursement shall include the final Phase I project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid.
B) Deliverables:
Mitigation Activities consist of Phase I activities, which include engineering, designing, plans
preparation, permitting and bidding for the proposed project, for Phase II approval, and to implement
measures to improve the drainage of the Gardens District in Key Biscayne, Florida 33149.
The project shall be designed to provide protection against a 100-year storm event. Activities shall be
completed in strict compliance with Federal, State and Local applicable Rules and Regulations.
Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement,
the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion.
PROJECT CONDITIONS AND REQUIREMENTS:
C) Engineering:
32
1) The Sub-Recipient shall submit signed and sealed Engineering plans that clearly show the engineer's
estimate of the pre and post-mitigation effects of the proposed project and the relationship of the
damages to be mitigated (commensurate with the level of funding requested). The H&H study shall
contain at least 3 scenarios, where one represents the level of protection; under each scenario, the
Sub-Recipient must identify the losses before and after mitigation (structural, content, displacement,
road closure duration, or any other needed to show the improvements after the mitigation project is
implemented). This includes, but is not limited to, the existing and proposed hydrology and hydraulics
for the level of event being mitigated.
2) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of
the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the
same plan.
3) Submit a refined cost estimate, to include final Phase I Fees and Phase II Construction Materials and
Labor.
D) Environmental:
1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and
other Laws and Executive Orders.
2) Acceptance of federal funding requires the Sub-Recipient to comply with all federal, state, and local
laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances
may jeopardize federal funding.
3) Meet all required Environmental laws and policies, and all necessary Environmental compliance
documents shall be obtained as applicable.
a) Consultation with the United States Army Corps of Engineers (USAGE) or Florida Department of
Environmental Protection (FDEP) is required. A Section 404 permit or No Permit Required
notification from the permitting agency shall be submitted.
b) Copy of all environmental permits or applications; any obtained from the Florida Department of
Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be
submitted. Any conditions for compliance shall be included in the final design plans, narrative, and
project implementation actions.
4) Historical Preservation compliance documents shall be obtained. Review documentation required:
a) Color maps including topographical and aerial with the project location clearly marked.
b) Color photographs of any area with ground disturbance (electronic).
c) Indicate if project site is located within a designated historic district or historic neighborhood.
5) Tribal Consultation shall be required for proposed ground disturbing activities. The following
documents shall be required and submitted as part of deliverables:
a) Color ground disturbance maps showing the full extent of the project footprint and depth of ground
disturbance. Geographic latitude/longitude (decimal degree format) of the proposed construction
areas and staging areas.
b) General description of the type of construction equipment that may be used during the proposed
project's implementation and what activities it will facilitate.
c) Previous and current use of proposed project area.
d) Any known site work or historic uses for the proposed location.
e) Any available studies that may have taken place on the property.
33
6) Phase I of this project is approved with the condition that the above list of deliverables shall be
submitted for review and approval by the Division and FEMA before Phase II is considered.
7) No construction work may begin until Phase II is approved by the Division and FEMA.
E) Programmatic:
1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of
the budget implications.
2) The Sub-Recipient must notify the Division as soon as significant developments become known, such
as delays or adverse conditions that might raise costs or delay completion, or favorable conditions
allowing lower costs or earlier completion.
3) The Sub-Recipient must "obtain prior written approval for any budget revision which would result in a
need for additional funds" [44 CFR 13(c)], from the Division and FEMA.
4) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall be
published in a manner that anyone that may be affected or interested in this project has access to the
posting, using the Division template, as applicable.
5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration
date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted,
along with substantiation of new expiration date and a new schedule of work, to the Division a minimum
of seventy (70) days prior to the expiration date, for Division processing to FEMA.
6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of
execution.
7) Phase I - Design of this project is approved with the condition that the enclosed list of deliverables
shall be submitted, 30 days prior to the Period of Performance date, for review and approval by the
Division, for submittal to FEMA before Phase II - Construction is considered.
8) When Phase I is completed, the Sub-Recipient must provide 100% completed designs, calculations, a
full set of signed and sealed plans and, permits for a Phase II review. A final BCA using developed
technical data and study results will take place. The data inputs to the final BCA for Phase II approval,
must be based on the inputs and outputs of a hazard related study such as erosion, Hydraulic &
Hydrologic study, damage calculations, road closures, etc. No assumptions or historical damage will
be acceptable for final BCA of Phase II approval. No construction activities for this project have been
approved.
9) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of
assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191.
10) Sub-Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act
of 2018 (DRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program
Management Costs (Interim) FEMA Policy 104-11-1, provides 100% federal funding under HMGP to
Sub-Recipients to efficiently manage the grant and complete activities in a timely manner.
a) SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, and Hazard
Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable, allowable, allocable
and necessary to the overall project.
b) . Funding is for approved indirect costs, direct administrative costs, and administrative expenses
associated with this specific project and shall have adequate documentation.
c) SRMC cannot exceed 5% of the total project costs awarded.
d) SRMC is 100% federally funded and will be reimbursed based on actual costs incurred for each
individual Request for Reimbursement (RFR) submitted with the required documentation.
34
e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis.
f) If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC
overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout.
This is FEMA project number 4486-092-R. It is funded under HMGP, FEMA-4486-DR-FL and must adhere
to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement
for Disaster 4486.
FEMA awarded this project on May 31, 2023; this Agreement shall begin upon execution by both parties,
and the Period of Performance for this project shall end on August 31, 2024.
F) FINANCIAL CONSEQUENCES:
If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the
following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program;
4) Withhold further awards for the program; or
5) Take other remedies that may be legally available.
Schedule of Work
Phase I -
State Contracting: 3 Months
Bidding/ Local Procurement: 2 Months
Design Specifications: 6 Months
Permitting / Survey: 2 Months
Deliverables Submitted to FDEM: 2 Months
Total Period of Performance: 15 Months
35
BUDGET
Line Item Budget*
Phase I Project Cost Federal Cost Non-Federal Cost
Materials: $0.00 $0.00 $0.00
Labor: $0.00 $0.00 $0.00
Fees: $377,000.00 $339,300.00 $37,700.00
Initial Agreement Amount: $377,000.00 $339,300.00 $37,700.00
***Contingencl Funds: $0.00 $0.00 $0.00
Project Total: $377,000.00 $339,300.00 $37,700.00
****SRMC
SRMC: $18,850.00 $18,850.00
SRMC Total: $18,850.00 $18,850.00
*Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's
approval, without an amendment to this Agreement being required, so long as the overall amount of the
funds obligated under this Agreement is not increased.
*** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance
Guidance Part VI, D. 3. 4 - Contingency funds are not automatically available for use. Prior to their release,
contingency funds must be re-budgeted to another direct cost category and identified. Post-award changes
to the budget require prior written approval from the Division (FDEM) and FEMA. The written request
should demonstrate what unforeseen condition related to the project arose that required the use of
contingency funds.
Project Management costs are included for this project in the amount of $0. 00
**** Sub-Recipient Management Costs (SRMC) are included for this project in the amount of
$18,850.00 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA Policy 104-11-
1, SRMC provides HMGP funding to Sub-Recipients to efficiently manage the grant and complete activities
in a timely manner. SRMC must conform to 2 CFR Part 200, Subpart E, ensuring costs are reasonable,
allowable, allocable and necessary to the overall project.
SRMC cannot exceed 5% of the approved total project costs awarded and shall be reimbursed at 5% for
each Request for Reimbursement (RFR) submitted with the required documentation.
If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC
overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout.
Funding Summary Totals
Federal Share:
Non-Federal Share:
$339,300.00
$37,700.00
(90.00%)
(10.00%)
Total Project Cost: $377,000.00 (100.00%)
SRMC (100% Federal) $18,850.00
36
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 C.F.R. Parts 7, 9, 10, 13, 14, 17, 18, 25,206,220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement.
In addition to the above statutes and regulations, the Sub-recipient must comply with the
following:
The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance
with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of
funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient
shall comply with any and all applicable codes and standards in performing work funded under this
Agreement, and shall provide any appropriate maintenance and security for the project
Any development permit issued by, or development activity undertaken by, the Sub-recipient and
any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to chapter 163,
Part 11, Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Sub-recipient shall be responsible for ensuring that any development permit issued and
any development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land
use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall
be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
The Sub-recipient will provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the completed work conforms with the approved plans and
specifications and will furnish progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the
owner of the affected real property shall record in the public records of the county where it is located the
following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or
from which a structure will be removed pursuant to the project
37
(1) The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
(2) No new structure will be erected on property other than:
a. a public facility that is open on all sides and functionally related to a designed open
space;
b. a restroom; or
(3) A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
(4) After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
(5) If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44 C.F.R. §206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Sub-Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies
participating in the NEPA process.
As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
(1) For Construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (2 C.F.R. § 200.308);
(2) A change in the Scope of Work must be approved by FEMA in advance regardless of the
budget implications; and
(3) The Sub-recipient must notify the State as soon as significant developments become
known, such as delays or adverse conditions that might raise costs or delay completion,
or favorable conditions allowing lower cost or earlier completion. Any extensions of the
period of performance must be submitted to FEMA sixty (60) days prior to the project
expiration date.
The Sub-recipient assures that it will comply with the following statutes and regulations to the
extent applicable:
(1) 53 Federal Register 8034
(2) Federal Acquisition Regulations 31.2
(3) Section 1352, Title 31, US Code
(4) Chapter 473, Florida Statutes
(5) Chapter 215, Florida Statutes
(6) Section 768.28, Florida Statutes
(7) Chapter 119, Florida Statutes
(8) Section 216.181 (6), Florida Statutes
38
(9) Cash Management Improvement Act of 1990
(10) American with Disabilities Act
(11) Section 112.061, Florida Statutes
(12) Immigration and Nationality Act
(13) Section 286.011, Florida Statutes
(14) 2 C.F.R. Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
(15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
(18) Omnibus Crime Control and Safe Streets Act of 1968, as amended
(19) Victims of Crime Act (as appropriate)
(20) Section 504 of the Rehabilitation Act of 1973, as amended
(21) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990)
(22) Department of Justice regulations on disability discrimination, 28 C.F.R., Part 35 and
Part 39
(23) 42 U.S.C. 5154a
39
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its govern ing body has duly adopted or passed as an official act of resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency M anagement (DEM), including all understandings and assurances contained in it,
and directing and authorizing the Sub-recipient's chief administrative officer or designee to act in
connection with the application and to pro vide such additional information as may be required;
(c) No m ember of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Sub-recipient or its designees or agents, no member of the governing body of
the locality in which this program is situated, and no other public official of the locality or localities
who exercises any functions or responsibilities with respect to the program during his tenure or
fo r one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Sub-recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose stated above;
(d) All Sub-recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Sub-recipient
fo r eligible contract work completed prior to the date the notice of suspension of funding was
received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is
received by the Sub-recipient may not be funded with funds provided under this Agreement
unless previously appro ved in writing by the Division. All Sub-recipient contracts shall contain
provisions fo r termination for cause or convenience and shall provide for the method of payment
in such event;
(e) It will comply with:
(1) Contract W ork Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that m echanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic
wage rates for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which pro vides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherw ise subjected to discrimination under any program or activity for which the Sub
recipient received Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the Sub-
40
recipient, this assurance shall obligate the Sub-recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualifies handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties pursuant to section 112.313
and section 112.3135, Florida Statutes;
(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Chapter 87 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
(i) It will comply with the provisions of 5 U.S.C. 7323 (further known as the Hatch Act) which limits
the political activities of employees;
U) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 50, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a
FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard
Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that
certain SFHA requirements were satisfied on each of the properties. The Model
Acknowledgement can be found at www.fema.gov/governmenta/granUsfha_conditions.shtm
(k) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 C.F.R. Section 101-
19.6 for general type buildings and Appendix A to 24 C.F.R., Part 40 for residential structures.
The Sub-recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(I) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (54 U.S.C.), Executive Order 11593, 36 C.F.R., Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (54 U.S.C. 3125) by:
41
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 C.F.R., Section 800.8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreen:ient Among the
Federal Emergency Management Agency, the Florida State Historic Preservation
Office, the Florida Division of Emergency Management and the Advisory Council
on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal
and State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA), 54 U.S.C., and implementing regulations in 36 C.F.R., Part 800.
(4) When any of the Sub-recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 C.F.R., Part 800.16 (1)(1), the Federal Emergency
Management Agency (FEMA) may require the Sub-recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and suggest
methods of repair or construction that will conform with the recommended approaches
set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with the Standards, the Sub-recipient
agrees to participate in consultations to develop, and after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition measures,
including but not limited to, impacts to archeological sites, and the salvage, storage, and
reuse of any significant architectural features that may otherwise be demolished.
(5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation of footings and foundations, and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks) except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties may be present
and be affected by such activities. The SHPO will advise the Sub-recipient on any
feasible steps to be accomplished to avoid any National Register eligible archeological
property or will make recommendations for the development of a treatment plan for the
recovery or archeological data from the property.
If the Sub-recipient is unable to avoid the archeological property, develop, in consultation
with SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties". The Sub-recipient shall forward information regarding the
treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the
Council do not object within fifteen (15) calendar days of receipt of the treatment plan,
FEMA may direct the Sub-recipient to implement the treatment plan. If either the Council
or the SHPO object, Sub-recipient shall not proceed with the project until the objection is
resolved.
(6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a supplemental DSR or modify a HMGP
project for a National Register eligible or listed property; (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be
42
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner. ThP. Sub-recipient acknowledges that FEMA may require the Sub
recipient to stop construction in the vicinity of the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property in an unanticipated manner. The Sub
recipient further acknowledges that FEMA may require the Sub-recipient to take all
reasonable measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will
require, and the Sub-recipient shall comply with, modifications to the project scope of
work necessary to implement recommendations to address the project and the property.
(7) The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements of the
PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a
historic property, or having the legal power to prevent it, allowed such significant adverse
effect to occur.
(m) It will comply with applicable provisions of the following laws and policies prohibiting
discrimination:
(1) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based
on race, color, or national origin (including limited English proficiency).
(2) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination
based on disability.
(3) Title IX of the Education Amendments Act of 1972, as amended, which prohibits
discrimination based on sex in education programs or activities.
(4) Age Discrimination Act of 1975, which prohibits discrimination based on age.
(5) U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits
discrimination based on religion in social service programs.
(n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-
1683 and 1685-1686) which prohibits discrimination on the basis of sex;
(o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4541-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(r) It will comply with the Energy Policy and Conservation Act (PL 94-163; 42 U.S.C 6201-6422),
and the provisions of the State Energy Conservation Plan adopted pursuant thereto;
(s) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this Agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.C 2000c and 42 U.S.C. 3601-
3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and
43
Title VI of the Civil Rights Act of 1964 (P .L. 88-352), which prohibits discrimination on the basis of
race, color or national origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7675;
(v) It will comply with the Clean Water Act of 1977, as amended, 33 U.S.C. 1251-1388
(w) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4701-4772;
(y) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 54 U.S.C.;
(z) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 54 U.S.C. 3125
(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non
discrimination;
(cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j-27, regarding the protection of underground
water sources;
(dd) It will comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs;
(ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3501-3510;
(hh) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-14674; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-668.
OD With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Sub
recipient and its demolition contractor have sufficient manpower and equipment to
comply with the obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon.
44
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspact buildings locatad in the Sub-recipient's jurisdiction to datact the presenr.e of
asbestos and lead in accordance with requirements of the U.S. Environmental Protection
Agency, the Florida Department of Environmental Protection and the County Health
Department.
(4) Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazard Present
b. Health Hazards Present
c. Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Sub-recipient to
remove asbestos and lead from demolished or otherw ise applicable structures.
(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the
contractor's work.
(8) Obtain all required permits.
(9) Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
(10) Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
(11) Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857), Section 508 of the Clean Water Act (33
U.S.C. 1251-1388), Executive Order 11738, and the U.S. Environmental Protection
Agency regulations (40 C.F.R., Part 15 and 61). This clause shall be added to any
subcontracts.
(12) Provide documentation of public notices for demolition activities.
45
Attachment D
REQUEST FOR ADVANCE OR REIMBURSEMENT
OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS
SUB-RECIPIENT: Village of Key Biscayne
REM IT ADDRESS: 88 W est McIntyre Road
CITY : _K_ey~B_is_ca~y~n_e STATE: ZIP CODE: ------ FL 33149
PROJECT TY PE: _D....cra_in---'a_.,9--'--e PROJECT#
PRO GRA M: _H_az_a_rd_M_it~ig~a_tio_n_G_ra_n_t _P_ro~g~ra_m CONTRACT#:
BUDG ET:
ADVA NCED RECEIVED:
FEDERAL SHARE: -------
AMOUNT: N/A
4486-092-R
H10 21
LOCAL: -------
SETT LED? --------
Invoice Period: Payment No:
Total of Previous Paym ents to Date: (Federal)
Total of Previous SRM C to Date: (SRMC Federal)
To tal Federal to Date: (Total Federal Paid)
________ through
Eligible Am ount Obligated Federal Obligated Local Division Use Only 100% Am ount Non-Federal
(Current Request) 90% 10% Approved Comments
TO TA L CURRENT REQUEST: _$-'---------
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, disbursem ents 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
m aterial fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or
otherw ise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812.
SUB-RECIPIENT SIGNATURE:
NAME: ______________ TITLE: DATE: _
TO BE COMPLETED BY THE DIVISION
APPRO V ED PROJECT TOTAL $ --------
APPROVED SRM C TOTAL: _$-'--------
APPROVED FO R PAYM ENT _$-'---------
DIVISION DIRECTOR
DATE
46
Attachment D (cont.)
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZA RD MITIGATION ASSISTANCE PROGRA M
SUB-RECIPIENT:
PROJECT TYPE:
PROGRAM:
_V_1 _·11"""ag..,_e'---"-of __ K_e.:....y'--"'-B=is-"-cac....y._n-'-"e PAYMENT#:
_D _ra_in_a-g_e PROJECT#:
_H_az_a_r_d_M_i--'tig..,_a_t_io_n_G_r_a_n_t _P_ro~g~ra_m CONTRACT #:
4486-092-R
H1021
REF NO2 DATE3 DOCUMENTATION4 (Check) ELIGIBLE
AMOUNT COSTS
(100%)
1
2
3
4
5
6
7
8
This payment represents % completion of the project. TOTAL
2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule#)
3 Date of delivery of articles, completion of work or performance services. (per document)
4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and
name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line
item budget. Provide a brief description of the articles or services. List service dates per each invoice.
47
A tta c h m e n t E
J U S T IF IC A T IO N O F A D V A N C E P A Y M E N T
S U B -R E C IP IE N T : V IL L A G E O F K E Y B IS C A Y N E
If y o u a re re q u e s tin g a n a d v a n c e , in d ic a te s a m e b y c h e c k in g th e bo x be lo w .
[ ) A D V A N C E R E Q U E S T E D
Advance payment of$ is requested. Balance of payments
will be m ade on a reimbursement basis. These funds are needed to pay
staff, award benefits to clients, duplicate forms and purchase start-up
supplies and equipment. W e would not be able to operate the program
without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety
(90) days. Submit Attachment D with the cost share breakdown along with Attachment E and all
supporting documentation.
ESTIM ATED EXPENSES
BUDGET CATEG O RY/LI NE IT EMS 20_-20_ Anticipated Expenditures for First Three
(list applicable line items) Months of Contract
For example
AD M INISTRA TIVE CO STS
(Include Secondary Administration.)
For example
PR O GRA M EXPENSES
TOT AL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the
need for the cash advance. The justification must include supporting documentation that clearly
shows the advance will be expended within the first ninety (90) days of the contract term. Support
documentation should include quotes for purchases, delivery timelines, salary and expense
projections, etc. to provide the Division reasonable and necessary support that the advance will
be expended within the first ninety (90) days of the contract term. Any advance funds not
expended within the first ninety (90) days of the contract term as evidenced by copies of invoices
and cancelled checks as required by the Budget and Scope of work showing 100% of
expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest
earned on the advance.
48
Attachment F
QUARTERLY REPORT FORM
Instructions: Complete and submit this form to State Project Manager within 15-days after each quarter.
SUB-RECIPIENT: Village of Key Biscayne
PROJECT TYPE: _D _ra_in_a~g_e CONTRACT#: _H_10_2_1 _
PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING:
PROJECT#: 4486-092-R
Advance Payment Information:
Advance Received D N/A D Amount:--'-$ _ Advance Settled? Yes D No D
Financial Amount to Date:
Sub-Recipient Total Project Expenditures to date (federal & local): i
Target Dates (State Agreement):
Contract Execution Date:
Date Deliverables Submitted:
Contract Expiration Date:
___________ Closeout Requested Date:
Describe Milestones achieved during this quarter:
Project Proceeding on Schedule? D Yes D No (If No, Describe under Issues below)
Percentage of Milestones completed to Date: __ %
Describe Activities - Milestones completed this quarter only:
Schedule of the Milestones-Activities:
Milestone --
State Contracting
Closeout Compliance
I Estimated Project Completion Date: I
Dates (estimated)
Issues or circumstances affecting completion date, milestones, scope of work, and/or cost:
Cost Status: D Cost Unchanged
Cost I Financial Comments:
D Under Budget D Over Budget
NOTE: Events may occur between quarterly reports, which have significant impact upon your project(s), such as
anticipated overruns, changes in scope of work, extensions. Contact the Division as soon as these conditions are
known, otherwise you could be non-compliant with your sub-grant award.
Sub-Recipient Contract Representative (POC):
Signature: Phone: ------------------------
- To be completed by Florida Division of Emergency Management Proiect Manager -
Project Manager Statement: D No Action Required, OR
D Action Required:
PM Percentage of Activates competed per PM Review QR Milestones Spreadsheet:
Date Reviewed: Reviewer: Project Manager
%
49
Attachment G
Warranties and Representations
Financial M anagement
The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R. §200, Part D-Post Federal Award Requirements-Procurement Standards (2
C.F.R. §§200.317 through 200.327).
Business Hours
The Sub-Recipient shall have its offices open for business, with the entrance door open to the
public, and at least one employee on site, from: 8:00 AM - 5:00 PM, Monday Thru Friday, as
applicable.
Licensing and Permitting
All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and
permits required fo r all of the particular work for which they are hired by the Sub-Recipient.
50
Attachment H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
The prospective subcontractor, , of
the Sub-Recipient certifies, by submission of this document, that neither it, its principals, nor affiliates are
presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or
disqualified from participation in this transaction by any Federal department or agency.
SUBCONTRACTOR
By:
Signature
Village of Key Biscayne
Sub-Recipient's Name
H1021
Name and Title DEM Contract Number
4486-092-R
Street Address FEMA Project Number
City, State, Zip
Date
51
Attachment I
Federal Funding Accountability and Transparency Act
Instructions and Worksheet
PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on
September 26, 2006. The intent of this legislation is to empower every American with the ability to hold
the government accountable for each spending decision. The FFATA legislation requires information on
federal awards (federal assistance and expenditures) be made available to the public via a single,
searchable website, which is http://www.usaspending.gov/.
The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management ("FDEM" or "Division") must use to capture and report sub-award and executive
compensation data regarding first-tier sub-awards that obligate $25,000 or more in Federal funds
(excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5).
Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give
clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below
should be filled out, signed, and returned to the project manager.
ORGANIZA TION AND PROJECT INFORMATION
The fo llowing information must be provided to the FDEM prior to the FDEM's issuance of a sub
award (Agreement) that obligates $25,000 or more in federal funds as described above. Please
provide the following information and return the signed form to the Division as requested.
PROJECT#: 4486-092-R --------------------
FUNDING AGENCY: Federal Emergency Management Agency
AWARD AMOUNT: $ 358,150.00 ~-~--------------
OBLIGATION/ACTION DATE:
SUBAWARD DATE (if applicable):
May 31, 2023
UEID/SAM#: XJ2JCWSPC943
52
*If your company or organization does not have a UEID/SAM number, you will need to obtain one from
https://sam.gov/content/entity-registrationThe process to rAciuest ::i UFln/SAM number takes about ten
minutes and is free of charge.
BUSINESS NAME:
OBA NAME (IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY ___________ STATE ___ ZIP CODE+4**
PARENT COMPANY UEID/SAM# (if
applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#):
DESCRIPTION OF PROJECT (Up to 4000 Characters)
As a Hazard Mitigation Grant Program project, the Sub-Recipient proposes drainage improvements to
the Gardens District area, located along East Enid Drive, Sunrise Drive, Galen Drive, and Ocean Lane in
Key Biscayne, Florida, 33149. Coordinates (25.691601, -80.158699).
The scope of work is for Phase I only, which includes but is not limited to surveying, engineering, design,
plans preparation, permitting and bidding for the proposed project, for Phase II approval. No
construction activities for this project have been approved.
When completed, the Sub-Recipient shall provide deliverables for Phase 11 review of the following
proposed activities.
The Phase II proposed scope of work shall provide protection by improving the undersized existing
drainage infrastructure by installing approximately 4,850 linear feet of 24-inch high density polyethylene
pipe (HOPE) below grade system to collect water from curbs and inlets. The project includes the
installation of three new injection wells and a pump station, deepening the existing and construction of
new ditches and catch basins to increase collection and exfiltration capacity, and the necessary road
and sidewalk concrete restoration. The Gardens District is an approximately 1,500 household area
made up of multi-unit residences, specifically condos or townhomes. Currently the existing stormwater
structure relies on an undersized pump station, which shall remain operational, to move the water from
the area into the Crandon Boulevard drainage to the west. The area experiences recurrent road and
structural flooding from low to high intensity storm events affecting more than 4,750 residents. The
project shall address the deficiency of the exfiltration and conveyance capacity of the existing drainage
system, preventing expensive flooding damages and maintenance to roads and structures, and allow
access to emergency responders who might be needed for fire, medical, or public safety during and after
a storm event.
The project shall be designed to provide protection against a 100-year storm event. Activities shall be
completed in strict compliance with Federal, State and Local applicable Rules and Regulations.
Verify the approved project description above, if there is any discrepancy, please contact the project
manager.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS);
53
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ------------- ZIP CODE+4** ----
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
**Providing the Zip+4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION:
1. In your business or organization's previous fiscal year, did your business or organization (including
parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal
financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to
the Transparency Act, as defined at 2 C.F.R. 170.320; , (b) $25,000,000 or more in annual gross
revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial
assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the
Transparency Act?
Yes! No D
If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No",
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes! No!
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certification and submittal process. [Note: Securities Exchange Commission information should
be accessible at http//www .sec.gov/answers/execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
appearing below to report the "Total Compensation" for the five (5) most highly compensated
"Executives", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 C.F.R. Ch. 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
54
iii. Earnings for services under non-equity incentive plans. This does not include group life,
health, hospitalization or medical reimh1irsP.mP.nt plans that no not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion _,
Rank Total Compensation
(Highest to Name for Most Recently
Lowest) (Last, First, Ml) Title Completed Fiscal Year
1
2
3
4
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE:
NAME AND TITLE:
DATE:
55
Attachment J
M andatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required
provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be
required:1
Appendix II to Part 20 0-Contract Provisions fo r Non-Federal Entity
Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts
made by the non-Federal entity under the Federal award must contain provisions covering the following,
as applicable.
(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide for such sanctions
and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner by which it will be affected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. Part 60-1.3
must include the equal opportunity clause provided under 41 C.F.R. 60-1.4(b), in accordance with
Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to
Equal Employment Opportunity," and implementing regulations at 41 C.F.R. part 60, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must
include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non-Federal entity must place
a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the Copeland
"Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 C.F.R.
Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides that each contractor or Sub-recipient must
be prohibited from inducing, by any means, any person employed in the construction, completion, or
1 For example, the Davis-Bacon Act is not applicable to other FEMA grant and cooperative agreement
programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub
recipient may include the provision in its subcontracts.
56
repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The
non-Federal entity must report all suspected or reported violations to the Federal awarding agency
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 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 or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 C.F.R. § 401.2 (a) and the recipient or Sub-recipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or Sub-recipient must comply with the requirements of 37 C.F.R. Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2
C.F.R. 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System
in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 C.F.R. 180 that
implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989
Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award
of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
(J) See 2 C.F.R, § 200.323 Procurement of recovered materials.
(K) See 2 C.F.R, §200.216 Prohibition on certain telecommunication and video surveillance
services or equipment.
(L) See 2 C.F.R, §200.322 Domestic preferences for procurements
(Appendix II to Part 20 0, Revised Eff. 11/12/20 20).
57
FEMA created the 2019 POAT Contract Provisions Template to assist non-Federal entities. It is available
at https://www .fema.gov/media-library-data/1569959119092-
92358d63e00d17639d5db4de015184c9/PDAT ContractProvisionsTemplate 9-30-19.pdf.
Please note that the sub-recipient alone is responsible for ensuring that all language included in its
contracts meets the requirements of 2 C.F.R. § 200.327 and 2 C.F.R. Part 200, Appendix II.
58
A tt a c h m e n t K
C e rt ifi c a tio n R e g a r d in g L o b b y in g
Check the appropriate box:
! This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative
Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix 11(1); 31 U.S.C. § 1352;
and 44 C.F.R. Part 18.
! This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement will
be less than $100,000.
APPENDIX A, 44 C.F .R. PART 18 - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Sub-Recipient or subcontractor, , certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims
and Statements, apply to this certification and disclosure, if any.
Signature of Sub-Recipient/subcontractor's Authorized Official
Name and Title of Sub-Recipient/subcontractor's Authorized Official
Date
59