HomeMy Public PortalAbout2023-68 Accepting a Florida Division of Emergency Management Sargassum Grant (2)RESOLUTION NO. 2023-68
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
SARGASSUM GRANT IN AN AMOUNT OF $219,300 FOR
SARGASSUM SEAWEED CLEAN-UP EFFORTS AND
APPROVING AN AGREEMENT RELATED TO THE SAME;
PROVIDING FOR AUTHORIZATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in recent years, the Village of Key Biscayne (the "Village") has experienced an
increase in sargassum seaweed blooms on its beach; and
WHEREAS, the Village desires to conduct sargassum seaweed clean-up efforts
(the "Project"); and
WHEREAS, the Florida Division of Emergency Management ("FDEM") has awarded the
Village a Sargassum Grant (the "Grant") in an amount of $219,300 for the Project; and
WHEREAS, the Village desires to accept the Grant and enter into the Grant Agreement,
in substantially the form attached hereto as Exhibit "A," (the "Agreement"); and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED 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.
Section 2. Acceptance and Approval. That the Village Council hereby accepts the
Grant in an amount of $219,300 from FDEM and approves the Agreement in substantially the
form attached hereto as Exhibit "A."
Page 1 of 2
Section 3. Authorization. That the Village Council hereby authorizes the Village
Manager to execute the Agreement, in substantially the form attached hereto as Exhibit "A,"
subject to the Village Attorney's approval as to form, content, and legal sufficiency.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 14th day of November . 2023.
ATTEST:
'k0C1Th
JOCILYN B. CH
VILLAGE CLERK
JOE I. RASCO, MA r ORT
APPROVED AS TO FORM AND LEGAL SUFFICIEN
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 2 of 2
Agreement Number: T0343
STATE -FUNDED GRANT AGREEMENT
SARGASSUM GRANT
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 "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) LAWS, RULES, REGULATION, AND POLICIES
a. 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 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 Recipient
fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Recipient may expend funds only for allowable
costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
vi. A provision specifying that any funds paid in excess of the amount to which
the Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
b. In addition to the foregoing, the Recipient and the Division shall be governed by all
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.
(2) CONTACT
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a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for
the Division shall:
i. Monitor and document Recipient performance; and,
ii. Review and document all deliverables for which the Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Emily Benton
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Telephone: 850-755-1567
Email: Emily.Bentonaem.myflorida_coni
c. The name and address of the representative of the Recipient responsible for the
administration of this Agreement is:
Name: Roland Samimy
Address: 88 W McIntyre St, Suite 250
City, State, Zip: Key Biscayne, FL, 33149
Telephone: 305-365-8908
Email: rsamimy@keybiscayne.fl.gov
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
(3) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(4) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(5) MODIFICATION
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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.
(6) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(7) PERIOD OF AGREEMENT
This Agreement shall begin October 1, 2023 and shall end on June 30, 2024, unless
terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. In accordance
with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this
Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement.
(8) FUNDING
a. This is a cost -reimbursement Agreement, subject to the availability of funds.
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 pay the Recipient only for the successful completion of each
deliverable. The maximum payment amount for each deliverable is outlined the Budget and Scope of
Work in Attachment A of this Agreement. The maximum payment amount for the entirety of this
Agreement is $219,300.00
d. The Division will review any request for payment by comparing the documentation
provided by the Recipient against a performance measure, outlined in Attachment A, which 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.
e. 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 period of agreement
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Recipient.
f. For the purposes of this Agreement, 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
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discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
g. 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.
(9) RECORDS
a. As a condition of receiving state financial assistance, and as required by sections
20.055(6)(c) and 215.97(5)(b), Florida Statutes, 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 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 Recipient's personnel for the purpose of
interview and discussion related to such documents. For the purposes of this section, the term "Recipient"
includes employees or agents, including all subcontractors or consultants to be paid from funds provided
under this Agreement.
b. The Recipient shall maintain all records related to this Agreement for the period of
time specified in the appropriate retention schedule published by the Florida Department of State.
Information regarding retention schedules can be obtained at: htto://dos.mvtlorida.corn/librarv-
arch ives/records-management!general-records-sched u les/.
c. 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
(3) basic requirements: (1) all 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 Recipient based upon the funds provided under this Agreement, the meetings of the 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.
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d. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
e. The Recipient shall maintain all records for the 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 in Attachment A and all other applicable laws and regulations.
If the subcontractor has any questions regarding the application of Chapter 119, Florida Statutes,
to the subcontractor's duty to provide public records relating to this contract, contact the
Custodian of Public Records at:
(850) 815-4156
Records(rem.m yflorida.com
2555 Shumard Oak Boulevard, Tallahassee, FL 32399
(10) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the
Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
b. When conducting an audit of the Recipient's performance under this Agreement, the
Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
c. 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 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 Recipient of such non-compliance.
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d. The 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 audits must be received by the Division no later than nine (9) months from
the end of the Recipient's fiscal year.
e. The Recipient shall send copies of reporting packages required under this Paragraph
directly to each of the following:
i. The Division of Emergency Management
DEMSinole Audit@ern.mvflarida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ii. The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
(11) REPORTS
a. The Recipient shall provide the Division with quarterly reports and a close-out report. These
reports shall include the current status and progress by the Recipient and all Sub -Recipients and
subcontractors in completing the work described in the Budget and Scope of Work, in addition to any
other information requested by the Division.
b. Quarterly reports are due to the Division no later than thirty (30) days after the end of each
quarter of the program year and shall be sent each quarter until submission of the close-out report. The
ending dates for each quarter of the program year are September 30, December 31, March 31, and June
30.
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 occurs first.
d. If all required reports and copies are not sent to the Division or are not completed in a manner
acceptable to the Division, the Division may withhold further payments until they are completed or may
take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Division" means that the
work product was completed in accordance with the Budget and Scope of Work.
e. The Recipient shall provide additional program updates or information that may be required by
the Division.
f. The Recipient shall provide additional reports and information identified in Attachment G.
(12) MONITORING
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a. The 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 Budget and Scope of Work is 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 the Budget and Scope of Work in Attachment A to this Agreement, and reported in the
quarterly report.
b. In addition to reviews of audits conducted in accordance with Paragraph (10) AUDITS above,
monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope
audits, or other procedures. The 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 Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The 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 Recipient throughout the period of agreement to ensure
timely completion of all tasks.
(13) LIABILITY
a. Unless Recipient is a state agency or subdivision, as defined in section 768.28, Florida
Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performed under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
b. Any Recipient which is a state agency or subdivision, as defined in section 768.28, Florida
Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims
or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or
omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve
as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall
be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of this agreement.
(14) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Division
to make further payment of funds shall, if the Division elects, terminate and the Division has the option to
exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
a. If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to
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keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement
with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations
under this Agreement.
b. If material adverse changes occur in the financial condition of the Recipient at any time
during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days
from the date written notice is sent by the Division.
c. If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete, or insufficient information.
d. If the Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
(15) REMEDIES
If an Event of Default occurs, unless the event is covered by financial consequences listed in the
Budget and Scope of Work, the Division shall provide the Recipient a thirty (30) day written notice within
which the Recipient may cure the default. However, upon the Recipient's failure to cure the default within
the thirty (30) day notice period, the Division shall exercise any one or more of the following remedies,
either concurrently or consecutively:
a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class
mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in
Paragraph (2) CONTACT herein;
b. Begin an appropriate legal or equitable action to enforce performance of this Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds;
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. request additional information from the 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 Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
iv. require the 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 Recipient, it will not affect, extend, or waive any
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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 Recipient.
(16) 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 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 Recipient with thirty (30) days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective date of the termination and
the procedures for proper closeout of this Agreement.
d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of this Agreement after the Recipient has received the notification of termination. The
Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the
termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division
because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by
law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due
the Division from the Recipient is determined.
(17) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the
Recipient. The 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 laws and
regulations, and (iii) the subcontractor shall hold the Division and 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. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the 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.
(18) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and
the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
c. This Agreement has the following attachments:
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Exhibit 1 - Funding Sources
Exhibit 2 — Florida Single Audit Act
Attachment A — Budget and Scope of Work
Attachment B — Program Statutes and Regulations
Attachment C — Statement of Assurances
Attachment D — Justification of Advance Payment
Attachment E — Warranties and Representations
Attachment F — Certification Regarding Debarment
Attachment G — Sargassum Clean-up Report Cover Sheet /Closeout Report
Attachment H — Reimbursement Request Breakdown (Excel workbook, attached to this
Agreement as a PDF for reference)
(19) PAYMENTS
a. Any advance payment under this Agreement is subject to section 216.181(16), Florida
Statues. 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 D. Attachment D 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 fixed -fee basis as needed.
b. Invoices shall be submitted in accordance with Attachment A and shall include the supporting
documentation for 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 submittal of
quarterly invoices shall be submitted to the Division grant manager as part of the Recipient's quarterly
reporting as referenced in Paragraph (11) REPORTS 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
Officer or under Paragraph (8) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
(30) days of receiving notice from the Division.
(20) REPAYMENTS
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
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In accordance with section 215.34(2), Florida Statutes if a check or other draft is returned to the Division
for collection, 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.
(21) MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the 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 said information, representations, and materials is 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 Recipient, cause the termination of this Agreement and the release of the
Division from all its obligations to the 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. This Agreement may be executed in any number of counterparts, any one of which may be
taken as an original.
e. The Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101-336,
42 U.S.C. Section 12101 et sec.), 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.
f. Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with a public entity, and may not transact business with any public entity in excess of $25,000.00
for a period of 36 months from the date of being placed on the convicted vendor list or on the
discriminatory vendor list.
g. Any Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the state government, certifies, to the best of its knowledge and belief, that it
and its principals:
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i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
ii. Have not, within a five-year period preceding this Agreement been convicted of or had
a civil judgment rendered against it for fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (federal, state or local) transaction or contract under public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any offenses enumerated in Paragraph (21)(g)(ii) of this
certification; and
iv. Have not within a five (5)year period preceding this Agreement had one or more
public transactions (federal, state, or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment" (Attachment F) for each intended
subcontractor that Recipient plans to fund under this Agreement. The form must be received by
the Division before the Recipient enters into a contract with any subcontractor.
h. 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
chapter 216, Florida Statutes, or the Florida Constitution.
i. All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre -audit and post -audit thereof.
j. Any bills for travel expenses shall be submitted in accordance with section 112.061, Florida
Statutes.
k. The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses
to allow public access to all documents, papers, letters, or other material subject to the provisions of
chapter 119, Florida Statutes, which the Recipient created or received under this Agreement.
I. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,
any interest income shall either be returned to the Division or be applied against the Division's obligation
to pay the contract amount.
m. The State of Florida will not intentionally award publicly funded contracts to any contractor
who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")].
The Division shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the 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.
12
n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011,
Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. All of 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.
o. All expenditures of state financial assistance shall be in compliance with the laws, rules, and
regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for
State Expenditures.
p. This Agreement may be charged only with allowable costs resulting from obligations incurred
during the period of agreement.
q. Any balances of unobligated cash that have been advanced or paid that are not authorized to
be retained for direct program costs in a subsequent period must be refunded to the State.
r. 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 five 5
years from the date of purchase or the completion of the improvements or as further required by law.
s. 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.
(22) LOBBYING PROHIBITION
a. 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."
b. 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.
(23) COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO
THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION
WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE
RECIPIENT TO THE STATE OF FLORIDA.
a. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise.
13
b. If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery
or invention to the Division for a determination whether the State of Florida will seek patent protection in
its name. Any patent rights accruing under or in connection with the performance of this Agreement are
reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are
produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the
performance under this Agreement are transferred by the Recipient to the State of Florida.
c. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement that he or she knows or should know
could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-
existing intellectual property that is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights that
accrue during performance of this Agreement.
d. If the 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 Recipient shall
become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly
by one or more employees of both parties hereto, each party shall have an equal, undivided interest in
and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -paid, nonexclusive
license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked
work products, developed solely by the Recipient, under this Agreement, for Florida government
purposes.
(24) LEGAL AUTHORIZATION.
The 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
Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(25) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment C.
14
1/24/2024
Exhibit —1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project -
State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance title: Sargassum Clean Up Program
Catalog of State Financial Assistance number: 31.083
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
1. Florida Single Audit Act, section 215.97, Florida Statutes
16
Exhibit — 2
Florida Single Audit Act
Audit Compliance Certification
Email a copy of this form at the time of agreement
DEMSindle Audit@ern.myllorida corn.
submission to the Division at:
Recipient:
FEIN:
Sub- Recipient's Fiscal Year:
Contact Name:
Contact's Phone:
Contact's Email:
1. Did the Recipient expend the State Financial Assistance, during its fiscal year, that it received
under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of
understanding, economic incentive award agreement, etc.) between the Recipient and the Florida
Division of Emergency Management (Division)? ❑Yes No
If the above answer is yes, answer the following before proceeding to item 2.
Did Recipient exceed $750,000 or more of State financial assistance (from DIVISION and all other
sources of State financial assistance combined) during its fiscal year? ❑Yes No
If yes, Recipient certifies that it will timely comply with all applicable State single or project
specific audit requirements of section 215.97(2)(i), Florida Statutes, and the applicable rules
of the Department of Financial Services and the Auditor General.
2. Did Recipient expend Federal awards during it fiscal year that it received under any agreement
(e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic
incentive award agreement, etc.) between Recipient and Division? ❑Yes No
If the above answer is yes, answer the following before proceeding to item 2.
Did Recipient exceed $750,000 or more of federal awards (from Division and all other sources of
federal awards combined) during its fiscal year? ❑Yes No
If yes, Recipient certifies that it will timely comply with all applicable single or program —
specific audit requirements of title 2 C.F.R. part 200, subpart F, as adopted and supplement
by DHS at 2 C.F.R. part 200.
By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2
are correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
17
Attachment A
Budget and Scope of Work
Budget
For the described tasks and deliverables, compensation shall not exceed the total maximum amount of:
Category
Budgeted Amount
1: Sargassum Clean-up
$ 219,300.00
TOTAL
$ 219,300.00
This is a reimbursement grant agreement to accomplish the scope identified in the laws, statutes,
regulations, and this Agreement. It is not subject to adjustment due to the actual cost experience of the
Recipient in the performance of the deliverables and requirements listed in the agreement. Prior to
payment, tasks, deliverables, and reimbursement requests are subject to review and acceptance by
Florida Division of Emergency Management.
Purpose
At the direction of the Florida Legislature, the Florida Division of Emergency Management (FDEM or
Division) will be provided $5,000,000 in non -reoccurring general revenue funding in response to the
Sargassum emergency emerging in South Florida. The Division will allow reimbursement to counties,
cities, that result or have resulted in sargassum removal. Additionally, funding will be to reimburse Florida
Atlantic University (FAU) in Monroe County to finalize their study of Sargassum, which may lead to the
creation of single -use plastic. If completed, this would help solve future Sargassum issues, turning
Sargassum into usable products.
Scope
The Recipient will submit an application and request an award amount. An amount approved by the
Division will be extended to the Recipient. The Recipient will use the award amount to reimburse
expenditures in one category, Sargassum Clean-up. Sargassum Clean-up consists of direct and indirect
costs relating to the cleanup of Sargassum by the Recipient from Florida beaches within the recipients
immediate area of operations or jurisdiction. These costs could include salaries, equipment costs,
procured items, etc. The award amount may only be spent on past expenses listed in the Recipients
application, beginning on January 1, 2023, for which a specific amount was awarded. The award may not
be spent on continuous cleanup throughout the period of performance.
Requirements
The Division will use Salesforce as its Grant's Management platform for this grant. All Deliverables,
reports, and financial activities (reimbursement requests) must be submitted to Salesforce via the
Division's established protocols. These protocols will be sent to the Recipient as a Salesforce External
User Guide, and additional Salesforce training may be provided to the Recipient by the Division.
Deliverables
Deliverable Due -Date Schedule
Deliverables
Due Date
1: Sargassum Clean-up Report
Prior to June 30, 2024
18
2: Closeout Report
August 29, 2024, or 60 days after
submission of final Sargassum
Clean -Up Report
The Sargassum Clean-up Report is due prior to June 30, 2024. The Closeout Report is due August 29,
2024, or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs
first. August 29, 2024 is the last day requests for reimbursement in DEMES (Salesforce) will be accepted.
The Sargassum Clean-up Reports are the initial basis for a reimbursement claim under this grant
agreement. Reports must be based on the Deliverable Due -Date Schedule; however multiple Reports
may be submitted throughout the grant year if the Recipient wishes to make additional requests for
reimbursement. At a minimum, a Sargassum Clean-up Report must contain a complete Attachment G -
Sargassum Clean-up Report Cover Sheet /Closeout Report. If the Recipient wishes to claim
reimbursement for expenses, the Recipient's Report must also include:
1. A correctly filled -out Attachment H — Reimbursement Request Breakdown
2. Receipts of each claimed with the task with the activity # clearly written in the
corner
The Sargassum Clean-up Reports should also include any other supporting documentation to help verify
the veracity and appropriateness of a purchase. All supporting documentation must have the activity #
written in the corner for tracking and verification purposes.
The Sargassum Clean-up Report should be in order, with receipts and supporting documentation for each
activity grouped together.
To correctly fill -out Attachment H, the Recipient must assign each reimbursement line item an activity #,
starting at 1 and ascending (2, 3, 4, etc.). This is for tracking and verification purposes. This activity # will
be unique for the purchase and must be written on the corner of the purchase receipt and supporting
documentation. After assigning an activity #, the Recipient will need to fill -out the relevant information for
the activity #. Activity Description/Justification must tie the activity to relevant Sargassum Clean-up
activities.
Salesforce
Deliverables shall be submitted on the Division's Salesforce platform in the Deliverable object. The
Recipient's Sargassum Clean-up Report and Closeout Report shall be compiled by the Recipient into a
single document wherever possible when submitting for deliverable approval. The deliverable shall
include all required forms and supporting documents sufficient to verify the accuracy of deliverable
completion.
Following review and approval of the deliverable by the Division's assigned Grant Manager, the Recipient
shall submit a reimbursement request on the Division's Salesforce Platform on the Financial Activity
object. In the Financial Activity, the Recipient shall attach their approved deliverable in the "Deliverable"
field, and upload the full Quarterly Report deliverable submission.
Financial Consequences
Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the
applicable deliverables, shall result in the following penalty:
• Reduction of the maximum payable amount based on the applicable percentage of each task
not successfully completed.
Failure to submit deliverables by the due date shall result in the following penalty:
19
• Reduction of the deliverable payment amount to the Recipient by 5% if the deliverable is not
submitted by the due date, and a reduction of 5% for each further thirty (30) calendar day
period in which the deliverable is not submitted.
If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully
perform a task required by this Agreement, then the Recipient shall notify the Division in writing
immediately to request a due date extension. If the Division agrees that the inability to perform was
directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving
the imposition of a financial consequence.
20
Attachment B
Program Statutes and Regulations
1. Florida Single Audit Act, section 215.97, Florida Statutes
Attachment C
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal Statutes, and State of Florida laws,
regulations, policies, guidelines and requirements, and Uniform Administrative Requirements for Grants
and Cooperative Agreements 28 CFR, Part 66, Common Rule that govern the application, acceptance and
use of State funds for this State -funded Agreement. The Applicant assures and certifies that:
1. It will comply with provisions of Federal law which limit certain political activities of employees of a State
or local unit of government whose principal employment is in connection with an activity financed in whole
or in part by Federal grants. (5 USC 1501, et. seq.)
2. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards
Act.
3. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others, particularly those
with whom they have family, business, or other ties.
4. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
5. It will ensure that the facilities under its ownership, lease, or supervision which shall be utilized in the
accomplishment of the deliverables are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Division of the receipt of any communication from the Director
of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration
for listing by the EPA.
6. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
7. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
8. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free
Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for Grantees, as defined at 28
CFR Part 67 Sections 67.615 and 67.620.
24
Attachment D
JUSTIFICATION OF ADVANCE PAYMENT
SUB -RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
nADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff, award benefits to clients, duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET COST CATEGORY
(List Applicable Cost Category)
2020-2021 Anticipated Budget Category
Expenditures for Advance Payment Request
TOTAL ANTICIPATED EXPENSES:
$0.00
BUDGET CATEGORY & COST JUSTIFICATION: (For each budget category and cost, 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 Agreement Performance Period. Support documentation should include
anticipated training, POIs, planning project expenses, and administrative costs (as
applicable) to provide the Division with reasonable and necessary justification for the advance
request. Any advance funds not expended within the first ninety (90) days of the Agreement's
execution shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399, within thirty (30) days after the ninety (90) day timeframe expires, along with any
interest earned on the advance.
25
Attachment E
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current, and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowable and reasonable under the
provisions of the applicable OMB cost principles and the Terms and Conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is
in the Recipient's interest to do so.
Codes of Conduct
26
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all work for which they are hired by the Recipient.
27
Attachment F
Certification Regarding Debarn
n
Suspension, Ineligibility, and Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective Subcontractor, , of the Recipient certifies, by
submission of this document, that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's Subcontractor is unable to certify to the above statement, the prospective
Subcontractor shall attach an explanation to this Form.
SUBCONTRACTOR:
Recipient's Signature Recipient's Printed Name
Name and Title FDEM Agreement Number
Street Address Project Number (if applicable)
City, State, Zip
Date
28
Attachment G
Sargassum Clean-up Report Cover Sheet/Closeout Report
For use with any deliverable submission including quarterly reports, closeout reports, and financial activities
Recipient:
Grant #
Quarter:
Q1
Q2
Q3
Q4
Agreement Closeout
#
Deliverables Amount Requested Amount Received
Amount Remaining
1
Sargassum Clean-up
TOTAL AMOUNTS:
$0.00
$0.00
$ 0.00
I certify that to the best of my knowledge the billed costs are in accordance with the Terms of this Agreement, and that I am
authorized to submit this form on behalf of the Recipient If Agreement Closeout is checked, I certify that the amounts received
and remaining are correct, and I certify the agreement is in closeout
Print Name of Authorized Official Title of Authorized Official
Signature of Authorized Official Signature Date
Report Narrative
Use the space below to provide updates and give details of Deliverable activities performed during the Performance Period. If submitting with a
reimbursement, list any irregularities or notes you wish to bring to the Division's attention.
29