HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-030Temp. Reso. 12908
April 12, 2017
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2017
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA ACCEPTING A GRANT AWARD IN
THE AMOUNT OF $250,000 FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) THROUGH
THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE A PROJECT AGREEMENT BETWEEN THE
FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND
THE CITY OF TAMARAC FOR GRANT FUNDING IN THE
AMOUNT OF $250,000 WITH A $1,250,000 MATCH IN LOCAL
FUNDS FOR THE WATER TREATMENT PLANT CONTROL
ROOM PROJECT; PROVIDING FOR ACCEPTANCE OF THE
AWARD AND EXECUTION OF DOCUMENTS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to provide
residents, businesses and visitors with high quality potable water; and
WHEREAS, the City desires to protect and secure the safe delivery of high
quality water by providing enhancements to the Tamarac Water Treatment Plant; and
WHEREAS, the Federal Emergency Management Agency (FEMA), through the
Florida Division of Emergency Management (FDEM), provides grants to local
governments to help mitigate losses before disasters occur through the Pre -Disaster
Mitigation (PDM) grant program; and
WHEREAS, the City applied and was awarded a PDM grant in the amount of
$250,000 for the construction of a new, hardened control room within the Tamarac
Water Treatment Plant as indicated in the January 26, 2017 correspondence from
FDEM attached hereto as Exhibit A which is incorporated herein by this reference; and
Temp. Reso. 12908
April 12, 2017
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WHEREAS, the PDM grant program requires and the City is willing to provide a
match in the amount of $1,250,000 in local funds; and
WHEREAS, the City provided funds for this project in the FY2016 Adopted
Capital Improvement Budget under the SCADA Redundancy and Hardening of the
Water Treatment Plant Control Room building project; and
WHEREAS, the Directors of Financial Services and Public Services recommend
acceptance of these grant funds and execution of the project agreement between
FDEM and the City of Tamarac and is attached hereto as Exhibit B which is
incorporated herein by this reference;
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the residents and businesses of the City of Tamarac to accept federal
PDM grant funding for the hardening and construction of a new control room at the
Tamarac Water Treatment Plant through a grant agreement with FDEM in the amount
of $250,000 and provide a $1,250,000 match in local funds.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA-
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are HEREBY made a specific part of this
Resolution. All exhibits attached hereto and referenced herein are expressly
incorporated and made a specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac HEREBY accepts the
$250,000 grant award from the Federal Emergency Management Agency (FEMA)
Temp. Reso. 12908
April 12, 2017
Page 3
through the Florida Division of Emergency Management (FDEM) for the hardening and
construction of a new control room at the Tamarac Water Treatment Plant building,
providing for a match in local funds in the amount of $1,250,000.
SECTION 3: The appropriate City Officials are HEREBY authorized to execute
the State of Florida FDEM grant agreement and necessary documents between the
City of Tamarac and FDEM for grant funding in the amount of $250,000 for the
hardening and construction of a new control room at the Tamarac Water Treatment
Plant building.
SECTION 4: An appropriation in the amount of $250,000 is HEREBY approved
and will be included in Budget Amendment Number One in April 2017, pursuant to F.S.
166.241(2).
SECTION 4: All Resolutions in conflict herewith are HEREBY repealed to the
extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Temp. Reso. 12908
April 12, 2017
Page 4
SECTION 6: This Resolution shall become effective immediately upon its adoption
Ail
PASSED, ADOPTED AND APPROVED this day of2017.
HXRIRYVDRESSLER, MAYOR
ATTEST:
P F�A�T�R �IC I �A� -T EMU F E L C
��UFELIFM
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON i
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
n
SAV U E L S. GO N
CITY ATTORNEY
1
1
EXHIBIT A
Michael Gresek
From: Ross, Maleather < Maleather.Ross@em.myflorida.com>
Sent: Thursday, January 26, 2017 5:22 PM
To: Michael Gresek
Cc: Harris -Council, Susan; Price, Pamela
Subject: PDMC-PL-04-FL-2015-001, City ofTamarac (Broward County)
Attachments: FDEM FFATAitructions and Worksheet 9-9-2013.pdf, PDMC-PJ-04-FL-2015-001, City of Tamarac Approved Agreement,
with 2 C.F.R. Part 200 Requirements 1-25-2017.pdf
The proposed contract has been forwarded to you electronically, if you are unable to print the attached documentation please
contact the staff listed below.
Dear Mr. Gresek:
The Division of Emergency Management (DEM) is pleased to inform you that the Federal Emergency Management Agency has
approved the obligation of Pre -Disaster Mitigation Competitive Grant Program (PDMCP) funds for the project number(s) listed
above. Please note that this is an eligible cost -reimbursement contract, and as such, the recipient must make other funding
arrangements to complete this project. However, the recipient may submit periodic requests for payment throughout the project
process, consistent with the terms of the contract.
Attached is your copy of the proposed contract between the City ofTamarac and DEM. Please print two (2) copies of the contract
(please do not copy as a two-sided document). The official representative, as listed below, will need to sign the signature page (Page
26), complete the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion form (Page 50) and complete
the Federal Funding Accountability and Transparency Act (FFATA) Instructions and Worksheet form (Page 51). The FFATA form has
been provided electronically for your use. The two (2) signed original contracts should then be sent to the Tallahassee address
cution. One original fully
listed below for full execution no later than ninety (90) days after receipt of this e-mail for final exe
executed contract will be returned to the City of Tamarac for its files.
Official Representatives:
County: Chairman of the Board of Commissioners
City: Mayor
Indian Tribe: Chief or President
Water Management District: Chairman
Non -Profit: Chairman of the Board
If there is an official that is not listed above who is authorized to sign the contracts for your organization, please provide a copy of
the organization's resolution or charter that specifically identifies the person or position that is authorized to sign.
Additional assistance is available regarding your approved HMGP project on the Florida Division of Emergency Management
Website: htti)�//www.floridadisaster.org/mitigation/hazard/inde htm. Please reference the heading: "Grant Management Tools
Listed Below" which contains sample documents that will provide guidance for completing requests for reimbursement, requests for
Working Capital Advance payment, reporting requirements and supporting documents containing important points, and subgrantee
close-out checklists.
If you have questions regarding this contract or who is authorized to sign it, please call Susan Harris Council, MPA, FCCM, Project
Manager at (850) 414-8419.
<ftaleathel r. 09
MaleatherY. Ross, FCCM
Hazard Mitigation Grant Program
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida32399
Agreement Number: 17DM-R1-11-16-02-_ _ _
Project Number: PDMC-PJ-04-FL-2015-001
FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an
agreement that the pass -through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass -through entity' means "a non -Federal entity that provides a subaward to a
subrecipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a
pass -through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non -Federal entity
receives directly from a Federal awarding agency or indirectly from a pass -through entity."
As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass -through entity toa
subrecipient for the subrecipient 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.§200.331(a)(1):
Sub -Recipient's name:
Sub -Recipient's unique entity identifier:
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:
1
City of Tamarac
F-591039552
EMA-2016-PC-0002
September 20 2016
09/20/16-10/30/2018
$250 000 00
$250 000 00
$250 000 00
PDMC/Retrofit
Federal Emergency Management Agency
FL Division of Emergency Management
Susan Harris -Council Proiect Manager
97.047 — Pre -Disaster Mitigation Competitive
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 the City of Tamarac,
(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 grantfunds
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 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'sown
funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal orstate
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 provision specifying that any funds paid in excess of the amount to which
the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations, including those identified in Attachment C.
Any express reference in this Agreement to a particular statute, rule, or regulation in no way impliesthat
no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
payment.
i. Monitor and document Sub -Recipient performance; and,
ii. Review and document all deliverables for which the Sub -Recipient requests
b. The Division's Grant Manager for this Agreement is:
Ms Susan Harris -Council Project Manager
FL Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: 850-414-8419 Email:Susan. Harris-
Council(Qem.myflorida.com
c. The name and address of the Representative of the Sub -Recipient responsible for the
administration of this Agreement is:
Mr. Michael Gresek Grants Administrator
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321
Telephone: 954-597-3562
Fax: 954-597-3560
Email: Michael Gresek(a tamarac.org
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.
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(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 October 30,
2018, 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. §200.77, the term "period
of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carryout
the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient
may receive reimbursement under this Agreement only for "allowable costs incurred during the period of
performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient mayexpend
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.
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 $250,000.00.
d. As required by 2 C.F. R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub Recipient,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are forthe
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware thatany
El
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. §200.76as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.
§200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments
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
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-
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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 mustprovide
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 agreementperiod
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. §200.53, 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 forsuch
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
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. §200.331(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the 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 2 C.F.R. §200.333, 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 three (3) years from the date of
,:l
submission of the final expenditure report. The following are the only exceptions to the three (3) year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the 3-year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
ii. When the Division or the Sub -Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency forindirect
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 3 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
agency or pass -through entity, the 3-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).
d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that
the records possess long-term retention value.
e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the 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.
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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 insufficientto
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 appliesto
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
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 entitywithin
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.
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(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.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub -Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the 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 days after the Division has notified the Sub -Recipient of such non-
compliance.
e. The Sub -Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), 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 Auditna em myflorida.com
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/collect/ddeindex.html
h. The Sub -Recipient shall send any management letter issued by the auditor to the
Division at the following address:
I
DEMSingle Audit(c)-em myflorida com
DEMSingle_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 30 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, September30
and December 31.
c. The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division"
means that the work product was completed in accordance with 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 D.
(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
10
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; 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
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 matter arising out of any contract.
(15)DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
a. If 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
meet its obligations under this Agreement;
b. If material adverse changes occur in the financial condition of the Sub -Recipient at
any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change
within thirty 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; or,
11
d. If 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 calendar days written
notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the
address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
C. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub -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 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 betaken
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 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.
12
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 calendar days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the 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 notbe
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
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 200.326 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. §200.318(b), the Sub -Recipient shall "maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: 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. §200.318(i), 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. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at leastfifteen
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent
with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement
standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part200.
Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub-
13
Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains
bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph 17 above; and,
ii. Refuse to reimburse the Sub -Recipient for any costs associated with that
solicitation.
e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of thesubcontract.
Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business
day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non -compliant, then the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph 17 above; and,
ii. Refuse to reimburse the Sub -Recipient for any costs associated with that
subcontract.
f. 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
14
laws 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.
g. 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."
h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any
procurement under this agreement "in a manner providing full and open competition." Accordingly, the
Sub -Recipient shall not:
i. Place unreasonable 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;
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 requestfor
proposals.
i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes.
k. The Sub -Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b),
Florida Statutes.
I. 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,
15
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").
(19)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 extentof
the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
ii. Attachment A — Budget and Scope of Work
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 — Warranties and Representations
ix. Attachment H — Certification Regarding Debarment, Suspension, Ineligibility
X. Attachment I — Federal Funding Accountability and Transparency Act
xi. Attachment J — Mandatory Contract Provisions
(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 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 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
documentation for 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
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub -
Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement.
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c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout
report within thirty 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), Florid 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 or5%
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 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 anyother
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 sea.), 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.
17
e. Those who have been placed on the convicted vendor list following a conviction fora
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 forthe
construction or repair of a public building or public work, may not submit bids on leases of real propertyto
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f. Any 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:
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 proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. 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. If the Sub -Recipient is unable to certify to any of the statements in this certification,
then the Sub -Recipient shall attach an explanation to this Agreement.
h. 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 G) 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.
i. 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
provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this
Agreement.
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j. If the Sub -Recipient is allowed to temporarily invest any advances of funds underthis
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
k. The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
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.
I. All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(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 thegrant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, thejudicial
branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement maybe
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
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Sub -Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts undergrants,
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 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.
(24)COPYRIGHT PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE 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
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub -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 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. Within thirty 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 entitlements to
any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph (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 AUTHORIZATION.
The Sub -Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub -Recipient to the terms of this Agreement.
(26)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that itwill
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, 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, 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, or national origin.
iii. 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.
21
iv. 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.
V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: provided, that 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.
22
d. The Sub -Recipient further agrees that it will refrain from entering into any contractor
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub -Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI -KICKBACK ACT
The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 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.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub -Recipient, with the funds authorized by this Agreement, enters into acontract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
23
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 acontract
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.
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD ANTI -LOBBYING AMENDMENT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of $100,000 or more shall file
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
24
U.S.C. § 1352. Each tier shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient.
(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS
ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (a) through (e) of this section.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub -Recipient to break a single project down into
smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. "project splitting").
25
(33)ASSURANCES.
The Sub -Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB -RECIPIENT; CITY OF TAMARAC
Lys-v—ems--
, Name and title: Michael C.
Date: h "
FID# 59-1039552
RO1l O FORM:
ch, City Manager 1;�)IT- ga. h Vil
--CITO RNEY
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title:
Date:
26
EXHIBIT — I
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT
UNDER THIS AGREEMENT:
Federal Program: Federal Emergency ManagementAgency: Pre -Disaster Mitigation
Comvetitive
Catalog of Federal Domestic Assistance Number: 97.04
Amount of Federal Funding:125M00.00
THE FOLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL
RESOURCES AWARDED UNDER THIS AGREEMENT:
• 2 CFR Part, 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
Commonly Applicable Statutes and Regulations
• 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 (NFIA, or "the Act"),
42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994
(NFIRA), Public Law 103-325 and the Bunning-Bereuter-Blumenauer Flood
Insurance Reform Act of 2004, Public Law 108-264
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities:
• Retrofitting of existing buildings and facilities
• Other projects that reduce future disaster losses
2. 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.
NOTE: Section 200.331(a)(1) of 2 C.F.R., as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information and inabout Exhibit �be providedrogras �o theeProjects Sub-reca'pientuded
on pg. 1 of this sub -grant agreement
27
Attachment A
Scope of Work and Budget
The purpose of this Scope of Work (SOW) is to protect the water treatment plant control room, located at
7803 NW61st Street, Tamarac, Florida. The project is funded through the Pre -Disaster Mitigation
Assistance Grant Program (PDM) PDMC-PJ-04-FL-2015-001, as approved by the Florida Division of
Emergency Management (Division) and the Federal Emergency Management Agency (FEMA).
The Recipient, the City of Tamarac, agrees to administer and complete the project per the application
submitted by the Recipient and subsequently approved by the Division and FEMA. The Recipientshall
complete the work in accordance with all applicable Federal, State and Local Laws, Regulations, and
Codes.
As a Pre -Disaster Mitigation Assistance Grant Program (PDM) project, the Recipient, City of Tamarac,
Florida, proposes to retrofit a water treatment plant control room, located at 7803 NW61 st Street,
Tamarac, Florida, 33321.
The scope of work proposes to harden the first floor's former high service pump room and construct
new control room to include a laboratory testing area and a small break room. The proposed projectshall
be hardened and constructed in accordance with the Florida Building Code or Miami Dade Specifications
and all materials will be certified to meet the wind and impact standards.
A. iaau
1) The Recipient shall procure the services of a qualified and licensed Florida contractor and execute a
contract with the selected bidder to complete the scope of work as approved by the Division and
FEMA. The Recipient shall select the qualified, licensed Florida contractor in accordance with the
Recipient's procurement policy as well as all Federal and State Laws and Regulations. All
procurement activities shall contain sufficient source documentation and be in accordance with all
applicable regulations.
The Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools,
transportation and supervision and for performing all work per sealed engineering designs and
construction plans presented to the Division by the Recipient and subsequently approved by the
Division and FEMA.
The Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the
duration of the work. The contractor shall maintain all work staging areas in a neat and presentable
condition.
The Recipient shall ensure that no contractors or subcontractors are debarred or suspended from
participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax receipt
issued for the type of services being performed.
28
The Recipient shall provide documentation demonstrating the results of the procurement process.
This shall include a rationale for the method of procurement and selection of contract type, contractor
selection and/or rejection and bid tabulation and listing, and the basis of contractprice.
The Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion
Form" for each contractor and/or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division by the
Recipient.
The Recipient shall provide copies of professional licenses for contractors selected to perform
services. The Recipient shall provide a copy of a current and valid occupational license or business
tax receipt issued for the type of services to be performed by selected contractor.
2) The Recipient shall monitor and manage the procurement and installation of all opening protection
products in accordance with the PDM application and associated documentation as presented to the
Division by the Recipient and subsequently approved by the Division and FEMA. The Recipient shall
ensure that all applicable State, Local and Federal Laws and Regulations are followed and
documented, as appropriate.
The project shall protect the building from windblown debris resulting from high wind storms which
shall allow the function of the structures to continue following a severe wind event.
The Recipient shall fully perform the approved project, as described in the application, in accordance
with the approved scope of work indicated herein, the estimate of costs indicated herein, the
allocation of funds indicated herein, and all applicable terms and conditions. The Recipient shall not
deviate from the approved project terms and conditions.
Upon completion of the work, the Recipient shall schedule and participate in a final inspection of the
completed project by the local municipal or county building department (official), or other approving
official, as applicable. The official shall inspect and certify that all installation was in accordance with
the manufacturer's specifications. Any deficiencies found during this final inspection shall be
corrected by the Recipient prior to Recipient's submittal of the final inspection request to the Division.
Upon completion of Task 2, the Recipient shall submit the following documents with sufficient
supporting documentation, and provide a summary of all contract scope of work and scope of work
changes, if any. Additional documentation shall include:
a) Copy of permit(s), notice of commencement.
b) Local Building Official Inspection Report and Final Approval.
c) All Product Specifications/Data Sheet(s) (technical standards) satisfying protection requirements
on all products utilized.
d) Proof of compliance with Project Requirements and Conditions contained herein.
3) During the course of this agreement the Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal 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
reimbursement may be requested.
The Recipient shall submit an Affidavit signed by the Recipient's project personnel with each
reimbursement request, attesting to the percentage of work completed, disbursements or payments
were made in accordance with all agreement and regulatory conditions, and that reimbursement is
due and has not been previously requested.
The Recipient shall maintain accurate time records. The Recipient shall ensure invoices are accurate
and any contracted services were rendered within the terms and timelines of this agreement. All
29
supporting documentation shall agree with the requested billing period. All costs submitted for
reimbursement shall contain adequate source documentation which may include but not be limited to:
cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time
and attendance records, contract and subcontract award documents.
Construction Expenses: The 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. Recipient shall ensure that all contractor/subcontractor bills, invoices,
and/or charges are legitimate and clearly identify the activities being performed and associated costs.
Project Management Expenses: The 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 Recipient. Quarterly Reports shall be submitted by the Recipient and
received by the Division at the times provided in this agreement prior to the processing of any
reimbursement.
The Recipient shall submit to the Division requests for reimbursement of actual construction and
managerial costs related to the project as identified in the project application and plans. The requests
for reimbursement 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 Recipient to the contractor, subcontractor, and/or vendor for invoiced
services; and
c) Clear identification of amount of costs being requested for reimbursement as well as costs being
applied against the local match amount.
The Recipient's final request for reimbursement shall include the final construction project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid.
B. Deliverable
Mitigation activities consist of providing protection to the water treatment plant control room, located
at 7803 NW61st Street, Tamarac, Florida, 33321, by hardening the first floor's former high service
pump room and constructing a new control room to include a laboratory testing area and a small
break room. The proposed project shall be hardened and constructed in accordance with the Florida
Building Code or Miami Dade Specifications and all materials will be certified to meet the wind and
impact standards.
Provided the Recipient performs in accordance with the Scope of Work outlined in thisAgreement,
the Division will reimburse the Recipient based on the percentage of overall project completion.
30
C. Fngii ne_ erinp
1) The Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection
Report and/or Final approval; as applicable.
2) The Recipient shall submit a signed and sealed final copy of the completed project's As -built
drawings and all necessary supporting documentation, and provide a summary of all contractscope
of work changes, if any.
3) The Recipient shall submit a certified letter of completion from the Engineer of Record. The recipient's
Engineer of Record shall provide a formal certificate or letter affirm that the project has been
completed in conformance with the approved project drawings, specifications, scope, and applicable
codes.
4) The Recipient shall submit all Product Specifications/Data Sheet(s) (technical standards) satisfying
protect requirements on all products utilized.
5) All installations shall be done in strict compliance with the Florida building Code or Miami Dade
Specifications. All materials shall be certified to exceed the wind and impact standards of thecurrent
local codes.
6) Product Specifications documentation satisfying protection requirements for all products utilized shall
be provided to the Division for closeout.
7) The Recipient shall follow all applicable State, Local and Federal Laws Regulations and
requirements, and obtain (before starting project work) and comply with all required permits and
approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may
jeopardize federal funding. Glazing in buildings shall be impact resistant or protected with an impact
resistant covering meeting the requirements of SSTD 12, ASTM E 1886 and ASTM E 1996,
ANSI/DASMA 115 (for garage doors and rolling doors) or Miami -Dade TAS 201, 202 and 203 or
AAMA 506 referenced therein as follows:
a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the requirements of the
Large Missile Test
b) Glazed openings located more than 30 feet (9.1 m) above grade shall meet the provisions of
the Small Missile Test.
c) Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are
located within 30 feet (9144 mm) of grade shall meet requirements of the Large Missile Test.
Impact -resistant coverings shall be tested at 1.5 times the design pressure (Positive or Negative)
expressed in pounds per square feet as determined by the Florida Building Code, Building
Section1609 for which the specimen is to be tested.
8) The local municipal or county building department shall inspect the installation according to the
manufacture's specification, and ensure that the above referenced standards have been met;
documentation provided to the division for closeout.
9) The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the
safety of inhabitants before, during or after a natural or manmade disaster.
10) The funding provided by the Division under this subgrant shall compensate for the materials labor and
fees for the hardening activities as a retrofit measure for the Recipient's buildings to reduce and/or
31
mitigate the damage that might otherwise occur from severe weather or other hazards. The funding
of this project by the Division does not confer or imply any warranty of use or suitability for the work
performed pursuant to this agreement. The State of Florida disclaims all warranties with regard to
this mitigation project, express or implied, including but not limited to, any implied warranties and/or
conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable
quality.
(11) This project has not been evaluated by the criteria contained in the standards of the Departmentof
Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361-Design
and Construction for Community Shelter, and thus does not provide "near absolute protection". It is
understood and agreed by the Division and the Recipient that the building may have vulnerabilities
due to age, design and location which may result in damage to the building from wind events even
after the installation of the mitigation measures funded under this Subgrant Agreement. It is further
understood and agreed by the Division and the Recipient that the level of wind protection provided by
the mitigation action, although meeting State standards and codes and enhancing the structural
integrity of the building, does not ensure the safety or survival of building occupants.
D. Environmental:
1) The Recipient must follow all applicable state, local and federal laws regulations and requirements,
and obtain (before starting project work) and comply with all required permits and approvals. Failure
to obtain all appropriate federal, state, and local environmental permits and clearances may
jeopardize federal funding. If project work is delayed for a year or more after the date of the
categorical exclusion (CATEX), then coordination with and project review by regulatory agencies
must be redone.
2) If any ground disturbance activities occur during construction, the Recipient shall monitorground
disturbance during construction, and if any potential archeological resources are discovered, shall
immediately cease construction in that area and notify the Division and FEMA.
3) Any change addition or supplement to the approved mitigation measure or scope of work thatalters
the project (including other work not funded by FEMA, but done substantially at the same time) shall
require resubmission to the Division and FEMA for revaluation of compliance with the National
Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act
(NHPA) prior to initiation of any work. Non-compliance with these requirements mayjeopardize
FEMA's ability to fund this project. A change in the scope of work shall be approved by the Division
and FEMA in advance regardless of the budget implications.
4) Construction vehicles and equipment used for this project shall be maintained in good working order
to minimize pollutant emissions.
E. Program_ matic
1) The Recipient shall submit to the Division an official letter stating that the project is 100% complete
and ready for the Division's Final Inspection of the project.
2) The Recipient must notify the Division as soon as significant developments becomes 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 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.
32
4) 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 for closeout.
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) The Recipient must avoid duplication of benefits between the PDM and any other form of assistance,
as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191.
If the 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 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 Recipient's program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
•- _e..1--1.
Months
Authorization/Notice to Proceed
1 montn
Design Process
7 months
Permitting
1 month
Bidding/Bid Award
3 months
Construction
8 months
Proiect Close Out (Final Inspection)
2 Months
Total Period of Performance
Non -Federal Share:
Federal Share:
Total Project Cost
22 Months
$1,250,000.00 (83.33333333%)
$ 250,000.00 (16.666666670/-)
$ 1,500,000.00 (100.00%)
The Florida Division of Emergency Management (FDEM) shall reimburse eligible costs for this projectup
to $250,000.00 (federal share).
33
Line Item Budget* Total Cost Federal Non -Federal
Construction
Demolition
Network Fiber
$ 50,000.00
$ 5,000.00
$
$
8,333.33
833.33
$
41,666.67
Electrical
$ 75,000.00
$
12,500.00
$
$
4,166.67
62,500.00
Architectural
$ 25,000.00
$
4,166.67
$
20,833.33
(SCADA Control Room)
Safe Room
$750,000.00
$125,000.00
$
625,000.00
Site Work (Restoration,
$ 25,000.00
$
4,166.67
$
20,833.33
Cleanup, Miscellaneous)
Equipment:
1/0 Panels
$130,000.00
$
21,666.67
$
108,333.33
PLC Panel
SCADA Equipment
$100,000.00
$ 93,000.00
$
$
16,666.67
15,500.00
$
83,333.33
Ethernet Switches
$ 4,000.00
$
666.67
$
$
77,500.00
3,333.33
Fees
Project Inspection Fees $ 8,000.00 $ 1,333.33 $ 6,666.67
Architectural Engineering
Fees $125,000.00 $ 20,833.33 $ 104,166.67
Contingencies
(Per FEMA's 1110,000.00 $ 18,333.33 $ 91,666.67 Approval)
Total: $1,500,000.00 $250,000.00 $1,250,000.00
*Any line item amount in this Budget maybe increased or decreased 10% or less without an amendmentto
this Agreement being required, so long as the overall amount of the funds obligated under this Agreementis
not increased.
This is FEMA project number PDMC-PJ-04-FL-2015-001. The Period of Performance (POP) forthis
project shall end on October 30, 2018
34
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 CFR 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 II, 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.
35
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.
(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 CFR 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:
36
(1) For Construction projects, the grantee must "obtain prior written approval for any
budget revision which result in a need for additional funds" (44 CFR 13(c));
(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
days prior to the project expiration date.
STATEMENT OF ASSURANCES
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
(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 Statues
(14) E.O. 12372 and Uniform Administrative Requirements for. Grants and
Cooperative Agreements 28 CFR, Part 66, Common Rule
(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) 42 U.S.C. 3789(d) or 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 CFR, Part 35
and
Part 39
(23) 42 U.S.C. 5154a
37
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 governing 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 Management (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 provide such
additional information as may be required;
(c) No member 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 for 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 for 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 approved in writing by the
Division. All Sub -recipient contracts shall contain provisions for termination for cause or
convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.,
requiring that mechanics and laborers (including watchmen and guards) employed
on federally assisted contracts be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of forty hours in a
work week; and
38
(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 provides 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 otherwise 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 -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. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted
construction activities;
(i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the
Hatch Act) which limits the political activities of employees;
39
(j) 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. 4002-4107, 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/grant/stba—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
CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for
residential structures. The Sub -recipient will be responsible for conducting inspections to
ensure compliance with these specifications by the contractor;
(1) 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 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and
the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et
seq.) by:
(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 CFR, 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 Agreement 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), 16 U.S.C. 470(f), and implementing
regulations in 36 CFR, Part 800.
(4) When any of the Sub -recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency
Management Agency (FEMA) may require the Sub -recipient to review the
W
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 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 eligible for inclusion in the National
Register or affect a known historic property in an unanticipated manner. The
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
M
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 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;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
(o) 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;
(p) 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;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-
6422), and the provisions of the State Energy Conservation Plan adopted pursuant
thereto;
(r) 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;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42
U.S.C. 3601-3619), as amended, relating to non-discrimination in the sale, rental, or
financing of housing, and 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;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626
42
(v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w)It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic
Preservation Act of 1966, as amended, 16 U.S.C. 270;
(y) 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;
(z) It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.;
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding
non-discrimination;
(bb) 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, regarding the protection of
underground water sources;
(cc) It will comply with the requirements of Titles II and III 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;
(dd) 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;
(ee) 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);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C.3510;
(gg) It will assure project consistency with the approved State program developed under the
Coastal Zone Management Act of 1972,16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
43
(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.
(3) Furnish documentation of all qualified personnel, licenses and all equipment
necessary to inspect buildings located in the Sub -recipient's jurisdiction to detect
the presence of asbestos and lead in accordance with requirements of the U.S.
Environmental Protection Agency, the Florida Department of Environmental
Protection and the 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 otherwise 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. 1857h), Section 508 of the
Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S.
Environmental Protection Agency regulations (40 CFR, Part 15 and 61). This
clause shall be added to any subcontracts.
(12) Provide documentation of public notices for demolition activities.
MA
SUB -RECIPIENT
NAME:
REMIT ADDRESS:
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS
City of Tamarac
CITY, STATE, ZIP CODE:
PAYMENT #:
CONTRACT #: 17DM-R1 11-16-02-
FEMA TRACKING #: PDMC-PJ-04-FL-2015-001 INVOICE PERIOD:
Eligible
Amount
100%
to
Obligated
Non -Federal
Previous
Payments
Current
Request
DEM Use Only
Obligated
Federal
Approved
Comments
TOTAL 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, 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 omissionof
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 and3801-3812
SUB -RECIPIENT
SIGNATURE:
NAME AND TITLE:
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $
APPROVED FOR PAYMENT $
45
DATE:
RNOR -AUTHORIZED REPRESENTATIVE
DATE
Attachment D
(Continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MTIGATION ASSISTANCE PROGRAM
SUB- City of Tamarac
RECIPIENT:
CONTRACT #: 17DM-R1-11-16-02-
DISASTER #:
FEMA TRACKING #: PDMC-PJ-04-FL-
2015-001
Applicant's
ReferencJNo.of
(Warrampletion
Voucher,
check,rformance
Scheduleservices.
I Date of delivery
articles,
of
work or
DOCUMENTATION
List documentation (applicant's payroll, material out of
applicant's stock, applicant owned equipment and
name of vendor or contractor) by category and line
item in the approved project application and give a100%
brief description of the articles or services.
Applicant'
s Eligible
Costs
TOTAL
.e
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB -RECIPIENT: City of Tamarac
If you are requesting an advance, indicate same by checking the box below.
L__J ADVANCE 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 CATEGORY/LINE ITEMS
20_ 20 Anticipated Expenditures for the First Three
(list applicable line items)
Months of Contract
For Example
ADMINISTRATIVE COSTS
(Include Secondary Administration)
For Example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need forthe
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 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).
47
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECEIPT Citv of Tamarac PROJECT #: PDMC-PJ-04-FL-2015-001
PROJECT TYPE: PDMC Retrofit
DISASTER NUMBER:
CONTRACT#: 17DM-R1-11-16-02-
QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable):
Provide reimbursement projections for this project:
July -Sep 20 $ Oct -Dec 20 $ Jan -Mar 20 $ Apr -June 20 $
July -Sep 20 $ Oct -Dec 20 $ Jan -Mar 20 $ Apr -June 20 $
Percentage of Work Completed (may be confirmed by state inspector's): %
Project Proceeding on Schedule: [_] Yes [_] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status:: [_] Cost Unchanged [_] Under Budget Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/oraudits
at any time. Events may occur between quarterly reports, which have significant impact upon your
project, such as, anticipated overruns, changes in scope of work, etc. Please contact the Division as
soon as these conditions become known, otherwise you may be found non -compliant with your
subgrant award.
Name and Phone Number of Person Completing This Form
48
Attachment G
Warranties and Representations
Financial Management
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 200.326).
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:
Licensing and Permitting
All subcontractors or employees hired by the Sub -Recipient shall have all current -licenses and
permits required for all of the particular work for which they are hired by the Sub -Recipient.
19
Attachment H
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub -recipient, City of Tamarac, certifies, by submission
of this document, that neither it nor its principals is 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 Sub -recipient's subcontractor is unable to certify to the above statement, the
prospective contract shall attach an explanation to this form.
CONTRACTOR
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
50
City of Tamarac
Sub -recipient's Name
17DM-R1-11-16-02-
DEM Contract Number
PDMC-PJ-04-FL-2015-001
FEMA Project Number
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.
ORGANIZATION AND PROJECT INFORMATION
The following 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 #: PDMC-PJ-04-FL-2015-001
FUNDING AGENCY: Federal Emergency Management Agency
AWARD AMOUNT: $250,000
OBLIGATION/ACTION DATE: 09/20/16
SUBAWARD DATE (if applicable): N/A
DUNS# *: 077270940
DUNS+4#: N/A
* If your company or organization does not have a DUNS number, you will need to obtain one
from Dun & Bradstreet at 866-705-5711 or use the webform
(http://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten
minutes and is free of charge.
BUSINESS NAME: CiTYOFTAMARAC
DBA NAME (IF APPLICABLE): N/A
PRINCIPAL PLACE OF BUSINESS ADDRESS: 7525 NW 88TH AVENUE
ADDRESS LINE 1:
51
CITY: TAMARAC STATE: FL ZIP CODE+4**: 33321-2401
PARENT COMPANY DUNS# (IF APPLICABLE): N/A
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): 81.087
DESCRIPTION OF PROJECT (UP TO 4000 CHARACTERS)
The purpose of this Scope of Work (SOW) is to retrofit the water treatment plant control room,
located at 7803 NW61st Street, Tamarac, Florida.
The scope of work proposes to harden the first floor's former high service pump room and construct a
new control room to include a laboratory testing area and a small break room. The proposed project
shall be hardened and constructed in accordance with the Florida Building Code or Miami Dade
Specifications and all materials will be certified to meet the wind -and impact standards.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1: 7803 NW 61stSTREET
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY: TAMARAC STATE: FL ZIP CODE+4**: 33321-2401
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: 20
**Providing the Zip+4 ensures that the correct Congressional District is reported.
52
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 CFR 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 0
If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is
"No", move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates
worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of
1986? Yes ❑ No ❑
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certification and submittal process. [Note: Securities Exchange Commission information
should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal
Revenue Service (IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information
required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL
YEAR" appearing below to report the "Total Compensation" for the five (5) most highly
compensated "Executives", in rank order, in your organization. For purposes of this request,
the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management
positions".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executjve
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.
53
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non -equity incentive plans. This does not include group
life, health, hospitalization or medical reimbursement plans that do not discriminate in
favor of executives, and are available generally to all salaried employees.
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
(Highest
to
Lowest)
Name
(Last, First, MI)
Title
Total Compensation
for Most Recently
Completed Fiscal
Year
1
2
3
4
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED
HEREIN IS ACCUR
NAT
NAME AND TITLE:
DATE:
54
Attachment J
Mandatory Contract Provisions
Provisions:
Any contract orsubcontract funded by this Agreement must contain the applicable provisions outlined
the responsibility
the sub -recipient
_____
.
provisions. The Division provides the following list ofsample provisionsthat may berequired:
OMB Gutdonce Pt. m00.App. u
3141-3148). When required by Federal program
legislation, all prime construction contracts
in excess of $2.ODO awarded by non -Federal
entities must include a provision for compll-
31414144, and 314"148) as supplemented by
Department of Labor regulations (29 CPR
Part 5, "Labor Standards Provisions Appli-
cable to Contracts Covering Federally Pl-
nanced and Assisted Construction"). In ac-
cordance with the statute, contractors must
be required to pay Wages to laborers and me-
chanics at a rato not less than the provalling,
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-Poderal
entity must place a copy of the current pre-
vailing wage determination Issued by the DO-
partment 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-Podoial en-
tity must report all suspected or reported
violations to the Federal awarding azency.
The contracts must also include a provision
for compliance with the Copeland "Anti-
mentod by Department of Labor regulations
(29 CPR Part 3. "Contractors and Sub-
contractors on Public Building or Public
Work Financed in Whole or In Part by Loans
or Grants from the United States"). The Act
provides that each contractor or sub -
recipient must be prohibited from inducing.
by any means. any person employed in the
construction. completion. or repair of public
work. to give up any part of the compensa-
tion to which he or she is otherwise entitled.
The non-Fedoral entity must report all sus-
pected or reported violations to the Federal
awarding agency.
(R) Contract Work Hours and Safety
Standards Act (40 U.S.C, 3701-,T,08), Where
applicable. all contracts awarded by the non -
Federal entity In excess of s100,000 that in-
volve the employment of mechanics or labor -
ors must Include a provision for compliance
with 40 U.S.C. M, and M. as supplemented
by Department of Labor regulations (29 CPR
Part 5). Under 40 U.S.C. M7 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 coin-
pensated at a rate of not less than one and a
half times the basic rate of pay for all hour$
worked in excess of 40 hours in the work
week. The requirements of 40 U3,C3-tO4 are
applicable to construction work and provide
that no taborer or mechanic must be re_
quired to work in surroundings or under
working conditions which are unsanitary.
hazardous or dangerous. 11nose, requIrements
do not apply to the purchases of supplies or
55
materials or articles ordinarily available on
the open market. or contracts for transpor-
tation or transmission of intelligence.
(p) Rights to Inventions Made Under a
Contract or Agreement. If the Federal award
meets the definition of -funding agreement"
under 37 CPR §401.2 (a) and the recipient or
subreciplent wishes to enter into a contract
with a small business firm or nonprofit orga-
nization regarding the substitution of par-
ties, assignment or performance of expert -
mental, developmental, or research work
under that "fundlng agreement." the recipi-
ent or subrociplent must comply with the re-
quirements ofT7CPR Part401, -Rights to In-
ventions Made by Nonprofit Organizations
and small Business Firms Under Govern-
ment Grants, Contracts and Cooperative
AvrOomcnts." and any implementing regula-
tions issued by the awarding agency.
the Federal Water Pollution Control Act (33
U,S.C. 1251-1387). as amended --Contracts and
subgrants of amounts in excess of $150.00D
must contain a provision that requires the
non-Pederal award to agree to comply with
all applicable standards, orders or reaula-
tions issued pursuant to the Clean Air Act
(42 U.S,C. 7401-767tlq) 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).
(if) Mandatory standards and policies to-
lating- W energy efficiency which are con-
tained in the state energy conservation Plan
issued in compliance vath the Energy Policy
and Conservation Act (42 US,C. MI).
(1) Debarment and Suspension (Executive
orders 12549 and 12M)—A contract award
(see 2 CPR 180220) must not be made 0 Par-
ties listed on the governmentwide Excluded
Parties List System in the System for Award
Management (SAM). in accordance with the
OMB guidelines at 2 CPR 180 that Implement
Executive Orders 12549 (3 CPR Part 1986
The Excluded Parties List System in SAM
contains the names of parties debarred. sus-
pended, or otherwise excluded by agencies. as
well as parties declared Ineligible under stat-
utory or regulatory authority other than Ex-
ecutive Order 12549.
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 at-
tempting 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 ob-
tainniz any Federal contract, grant or any
195
21EM =..
other award covered by 31 U,S.C, 1352, Each
tier must also disclose any lobbying with
non -Federal funds that takes place in con-
nection with obtaining any Federal award,
Such disclosures are forwarded from tier to
tier up to the non -Federal award,
(K) See §200,322 Procurement of recovered
materials,
APPENDix III To PART 200—INDIRFcT
(F&A) COSTS IDENTIFICATION AND
AssicxmENT, AND RATE DETERmlNA_
TION FOR INsTrrEmoNs OF HIGHER
EDUCA71ON (MES)
A. Gv,;VRAL
This appendix provides criteria for Identi-
fyine and computing indirect (or indirect
(P&A)) rates at Ms (Institutions). Indirect
(P&A) costs are those that are incurred for
common or joint objectives and therefore
cannot be Identified readily and specifically
with a particular sponsored project, an in-
structional activity. or any other institu-
tional activity. See subsection B,I, Defint-
tion of Facilities and Administration, for a
discussion of the components of indirect
(FL -A) costs.
I. Major Functions of an Institution
Refers to instruction, organized research.
other sponsored activities and other Institu-
tional activities as defined In this section:
a. Instruction means the teaching and
training activities of an Institution, Except
for research training as provided in sub.
section b, this term includes all toacb1m and
training activities. whether they are offered
for credits toward ads or certificate or
on a non-credit basis, and whether they are
offered through regular academic depart-
ments or separate divisions, such as a sum-
mer school division or an extension division.
Also considered part of this major function
are departmental research. and, where
agreed to, university research.
(1) SPonsored instruction and training means
specific instructional or training activity es-
tablished by grant, contract, or cooperative
agreement, Par purposes of the cost prin-
clPles, this activity may be considered a
major function even though an Institution's
accounting treatment may include It in the
Instruction function,
(2) Departmentat research means research,
development and scholarly activities that
are not organized research and. con-
sequently. are not separately budgeted and
accounted for. Departmental research, for
purposes of this document, Is not considered
as a major function, but as a part of the in-
structIon function of the Institution,
b, Organized research means all research
and development activities of an institution
that are separately budgeted and accounted
for. It Includes.
56
2 CFR Ch. If (1-1-14 Edition)
(1) Sponsored research means all research
and development activities that are spun-
sored by Federal and non-Pedoral agencies
and organizations. This term Includes activi-
ties involving the training of individuals in
research techniques (commonly called re-
search training) where such activities utilize,
the same facilities as other research and de-
velopment activities and where such activi-
ties are not included in the instruction funs
tlon,
(2) Unitwsity research means all research
and development activities that are sepa-
rately budgeted and accounted for by the In-
stitution under an internal application of In-
stitutional funds, University research, for
purposes of this document, must be com-
bined with sponsored research under the
function of organized research,
c. Other sponsored activities means programs
and projects financed by Federal and non -
Federal agencies and organizations which in-
volve the performance of work other than in-
struction and organized research. Examples
of such programs and projects are health
service projects and community service pro-
grams. However. when any of these activities
are undertaken by the Institution without
outside support, they may be classified as
other Institutional activities.
d. Other institutional activities means all ac-
tivities of an Institution except for instruc-
tion, departmental research. organized re-
search, and other sponsored activities, as de-
fined In this section. indirect (P&A) cost ac-
tivlttes identified in this Appendix para-
graph 13, Identification and assignment of in-
direct (P&A) costs: and specialized services
facilities described in §200.468 Specialized
service facilities of this Part.
Pxamples of other institutional activities
include operation of residence balls, dining
halls. hospitals and clinics. student unions,
Intercollegiate athletics, bookstores. faculty
easing. student apartments. guest houses,
chapels, theaters, public museums, and other
similar auxiliary enterprises. This definition
also Includes any other categories of activi-
ties. costs of which are "unallowable" to
Federal awards. unless otherwise indicated
In an award.
2. CHterta for Distribution
a. Base period. A base period for distribu-
tion of indirect (P&A) costs is the period
during which the costs are Incurred. The
base period normally should coincide with
the fiscal year established by the Institution,
but in any event the base period should be so
selected as to avoid Inequities in the dis-
tribution of costs.
b. Need for cost groupings. The overall ob-
jective of the indirect (P&A) cost allocation
process Is to distribute the Indirect (P&A)
costs described in Section R. Identification
and assignment of indirect (P&A) costs, to
196