Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Federally-Funded Subaward and Grant Agreement
(.o/,8 —3620 I Contract Number: Z1128 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 Sub-Recipient 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 to a Sub- Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R.§200.331(a)(1): Sub-Recipient's name: Miami Beach, City of Sub-Recipient's PA ID/FIPS Number: 086-45025-00 Sub-Recipient's unique entity identifier: 020546289 Federal Award Identification Number(FAIN): Federal Award Date: 9/10/2017 Subaward Period of Performance Start and End Date(Cat A-B): 9/04/2017-3/10/2018 Subaward Period of Performance Start and End Date(Cat C-G): 9/04/2017-3/10/2019 Amount of Federal Funds Obligated by this Agreement: $251,857.05 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: $251,857.05 Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $251,857.05 Federal award project description(see FFATA) Grant to Local Government for debris removal,emergency protective measures and repair or replacement of disaster damaged facilities Name of Federal awarding agency: Dept.of Homeland Security (DHS)Federal Emergency Management Agency(FEMA) 2 Name of pass-through entity: Florida Division of Emergency Management(FDEM) Contact information for the pass-through entity: 2555 Shumard Oak Blvd. Tallahassee,FL 32399-2100 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.036 Public Assistance Whether the award is Research&Development: N/A Indirect cost rate for the Federal award: See by 44 C.F.R.207.5(b)(4) 3 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, Miami Beach, City of (hereinafter referred to as the"Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 4 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. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance;and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: c�QllflTl f Uc Q 2555 Shumard Oak Blvd. Ste. 360 Tallahassee, FL 32399-2100-- Telephone: VS-1445D Email:4.1)(42x (mp l ate o)un (ni woo, .COY( c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: John Woodruff,Chief Financial Officer City of Miami Beach 1700 Convention Center Drive,Miami Beach,FL 33139 Telephone: 305-673-7466 Email: JohnWoodruff@miamibeachfl.gov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party in writing via letter or electronic email. It is the Sub-Recipient's responsibility to authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the Designation of Authority(Agents)in Attachment D may authorize addition or removal of agency users. 5 (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. In order for a Project to be eligible for reimbursement, a modification to this agreement must be executed incorporating the Project as identified by number, budget, and scope of work. Projects not included by modification will be ineligible for funding, regardless of Federal approval for the Project. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget and Project List —Attachment A and Scope of Work, Deliverables and Financial Consequences—Attachment B of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end six(6) months from the date of declaration for Emergency Work(Categories A&B)or eighteen (18) months from the date of declaration for Permanent Work(Categories C-G), 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 carry out 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 may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. 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 Project List"). The maximum reimbursement amount for the entirety of this Agreement is $278,719.74 . 6 d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false,fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements,false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient in FloridaPA.org against a performance measure, outlined in Attachment B, Scope of Work, Deliverables, and Financial Consequences, 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. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §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 authorized by the Federal Awarding Agency, and 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, 7 iii. The accounting basis (cash or accrual)selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and$19 for dinner),then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager,as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. j. As defined by 2 C.F.R. §200.53, 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 for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336,the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right 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. 8 The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes)and by 2 C.F.R. §200.333, 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 five (5)years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5)year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5-year period,then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity,the 5-year retention requirement is not applicable to the Sub-Recipient. v. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). 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. 9 f. As required by 2 C.F.R. §200.303,the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1)meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3)minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However,the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then,to the extent that private entity is performing that public purpose,the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds,then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus,to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency)in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However,when a public entity delegates a public function to a private entity,the records generated by the private entity's performance of that duty become public records. Thus,the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements 10 and objectives of the Budget and Project List—Attachment A, Scope of Work—Attachment B, and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement,the Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, 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 gene ally 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 D'vision no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard 11 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: 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, September 30 and December 31. c. The closeout report is due sixty(60)days after termination of this Agreement or sixty (60)days after completion of the activities contained in this Agreement,whichever first occurs. d. 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 Project List— Attachment A, and Scope of Work—Attachment B. 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 G—Public Assistance Program Guidance. (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 12 review shall be done for each function or activity in Attachment B to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedu-es 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/proce Ises deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; 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 Divisicn 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 if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any.respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 13 b. 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. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs,then the Division shall, after thirty 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 be taken if the situation is not corrected, iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17)TERMINATION. 14 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. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion,that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty(30)calendar 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 not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18)PROCUREMENT 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 least fifteen (15)days prior to the publication or communication of the solicitation. The Division shall review the 15 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. 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 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 the subcontract. 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, 16 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 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 request for 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. 17 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, 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 extent of the conflict or inconsistency. c. This Agreement has the following attachments: Exhibit 1 -Funding Sources ii. Attachment A—Budget and Project List iii. Attachment B—Scope of Work, Deliverables, and Financial Consequences iv. Attachment C—Certification Regarding Debarment v. Attachment D—Designation of Authority vi. Attachment E—Statement of Assurances vii. Attachment F—Election to Participate in PA Alternative Procedures (PAAP) viii. Attachment G—Public Assistance Program Guidance ix. Attachment H—FFATA Reporting x. Attachment I—Mandatory Contract Provisions xi. Attachment J—DHS OIG Audit Issues and Acknowledgement xii. Attachment K—Justification of Advance Payment (20)PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account unless otherwise governed by program specific waiver. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be submitted along with this agreement at the time of execution by completing Attachment K—Justification of Advance Payment.The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds.Any advance funds not expended within the first ninety(90)days of the contract term must be returned to the Division Cashier within (30)days, along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has 18 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 thirty(30) days after the expiration date of the agreement or completion of applicable Project,whichever occurs first. 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 (12)of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial 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, subject to the exhaustion of appeals, are due no later than thirty(30)days from notification by the Division of funds due. FEMA only allows thirty(30)days from deobligation for the funds to be repaid before it will refer the amount to the FEMA Finance Center(FFC)for collection. b. As a condition of funding under this Agreement,the Sub-Recipient agrees that the Recipient may withhold funds otherwise payable to the Sub-Recipient from any disbursement to the Recipient, by FEMA or any other source, upon determination by the Recipient or FEMA that funds exceeding the eligible costs have been disbursed to the Sub-Recipient pursuant to this Agreement or any other funding agreement administered by the Recipient. c. The Sub-Recipient understands and agrees that the Recipient may offset funds due and payable to the Sub-Recipient until the debt to the State is satisfied. In such event,the Recipient will notify the Sub-Recipient via the entry of notes in FloridaPA.org. d. 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 e. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft,whichever is greater. (22)MANDATED CONDITIONS 19 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 any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,42 U.S.C. Section 12101 et seq.),which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations,transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to 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 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; 20 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 (22)f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local)terminated for cause or default. g. 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 C)for the Sub-Recipient agency and 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. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount unless otherwise governed by program specific waiver. 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 the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." 21 c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement,that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose accordingly. 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. 22 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(30)days of execution of this Agreement,the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and 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 (24)b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable,fully- paid, nonexclusive license,for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b),the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 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: 23 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. 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 24 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. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings,the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. §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. 25 The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds$100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 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 forty(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 forty (40)hours in the work week. The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds$150,000,then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). (30)SUSPENSION AND DEBARMENT Per 2 C.F.R. 200.213 Suspension and debarment, non-Federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 C.F.R. part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. 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). 26 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 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; 27 iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i.through v. of this subparagraph. b. The requirement outlined in subparagraph a.above, sometimes referred to as "socioeconomic contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The"socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33)ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment E. 28 IN WITNESS WHEREOF,the parties hereto have executed this Agreement. SUB-RECIPI, NT: Miami Beach, City of By: I Jill.. . Name and tit.- Jim -'-' es,City Manager Date: S 1 2 t ii-4t FEID# ;*-6000372 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT dBy: Ne: Jared M skowitz, Director Date: 571/6 f APPROVED AS TO FORM & LANGUAGE & FOR EXE UTION PLCI.:(2---___LI___ 3—IV ( 1 City AttorneW Date 29 EXHIBIT—1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic Assistance: 97.036 Amount of Federal Funding: $251,857.05 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 44 C.F.R. Part 206 • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended,42 U.S.C. 5121 et seq., and Related Authorities • FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Federal Program: 1. Sub-Recipient is to use funding to perform eligible activities in accordance with the Public Assistance Program and Policy Guide, 2017 and approved Project Worksheet(s). Eligible work is classified into the following categories: Emergency Work Category A: Debris Removal Category B: Emergency Protective Measures Permanent Work Category C: Roads and Bridges Category D:Water Control Facilities Category E: Public Buildings and Contents Category F: Public Utilities Category G: Parks, Recreational, and other Facilities 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE:Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included on pg. 1 of this subgrant agreement and in Exhibit 1 be provided to the Sub-Recipient. 30 • Attachment A -th Revision Budget and Project List Budget: The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW) that the Federal Emergency Management Administration (FEMA) has obligated for a Sub-Recipient at the time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this Agreement. The PW(s) that have been obligated are: DR-4337 Sub-Recipient:Miami Beach,City of PW Cal Project Title Federal Share Fed% State Share State Local Share Local Total Eligible POP Start Date POP End Date # % % Amount 4863 G DS1-Golf Club $80,744.39 75.00% $13,457.40 12.50% $13,457.40 12.50% $107,659.19 9/04/2017 3/10/2019 4895 E Miami Beach Parking Garages $22,161.96 75.00% $3,693.66 12.50% $3,693.66 12.50% $29,549.28 9/04/2017 3/10/2019 4903 E Miami Beach Police Resources $10,005.44 75.00% $1,667.58 12.50% $1,667.57 12.50% $13,340.59 9/04/2017 3/10/2019 4922 F Miami Beach:Police,Fire and City Communications $3,070.31 75.00% $511.72 12.50% $511.72 12.50% $4,093.75 9/04/2017 3/10/2019 4977 E DS 1-Public Work Building $24,179.89 75.00% $4,029.98 12.50% $4,029.98 12.50% $32,239.85 9/04/2017 3/10/2019 5130 G Scott Rakow Youth Center $21,014.06 75.00% $3,502.35 12.50% $3,502.34 12.50% $28,018.75 9/04/2017 3/10/2019 5713 B Utilities General City of Miami Beach $90,681.00 100.00% $0.00 0.00% $0.00 0.00% $90,681.00 9/04/2017 3/10/2018 Total: $251,857.05 $26,862.69 $26,862.67 $305,582.41 31 Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work Complete eligible Projects for emergency protective measures, debris removal, repair or replacement of Disaster damaged facilities. When FEMA has obligated funding for a Sub-Recipient's PW, the Division notifies the Sub-Recipient with a copy of the PW(or P2 Report). A Sub-Recipient may receive more than one PW and each will contain a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement. Deliverables Large Projects Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large Project costs shall be based on the percentage of completion of the individual Project.Any request for reimbursement shall provide adequate,well organized and complete source documentation to support all costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA. Requests which do not conform will be returned to the Sub-Recipient prior to acceptance for payment. Reimbursement up to 95% of the total eligible amount will be paid upon acceptance and contingent upon: • Timely submission of Quarterly Reports (due 30 days after end of each quarter). • Timely submission of invoices (Requests for Reimbursement)at least quarterly and supported by documentation for all costs of the project or services. The final invoice shall be submitted within sixty(60)days after the expiration of the agreement or completion of the project,whichever occurs first. 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. • Timely submission of Request for Final Inspection (within ninety(90)days of project completion— for each project). • Sub-Recipient shall include a sworn Affidavit or American Institute of Architects (AIA)forms G702 and G703, as required below. o A.Affidavit.The Recipient is required to submit an Affidavit signed by the Recipient's project personnel with each reimbursement request attesting to the following:the percentage of completion of the work that the reimbursement request represents, that disbursements or payments were made in accordance with all of the Agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. o B.AIA Forms G702 and G703. For construction projects where an architectural, engineering or construction management firm provides construction administration services,the Recipient shall provide a copy of the American Institute of Architects (AIA) form G702,Application and Certification for Payment, or a comparable form approved by the Division, signed by the contractor and inspection/certifying architect or engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division. 32 Five percent(5%)of the total eligible amount(including Federal, state and local shares)will be withheld from payment until the final Request for Reimbursement(or backup for advance expenditure)has been verified as acceptable by the Division's grant manager,which must include dated certification that the Project is 100% complete. Further, all required documentation must be available in FloridaPA.org prior to release of final 5%, to include permits, policies&procedures, procurement and insurance documents. Small Projects Small projects will be paid upon obligation of the Project Worksheet. Sub-Recipient must initiate the Small Project Closeout in FloridaPA.org within 30 days of completion of the project work, or no later than the period of performance end date. Small Project Closeout is initiated by logging into FloridaPA.org, selecting the Sub-Recipient's account,then selecting 'Create New Request', and selecting 'New Small Project Completion/Closeout'. Complete the form and'Save'. The final action is to Advance the form to the next queue for review. Financial Consequences: For any Project(PW)that the Sub-Recipient fails to complete in compliance with Federal, state and local requirements, the Division shall withhold a portion of the funding up to the full amount. Any funds advanced to the Sub-Recipient will be due back to the Division. 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, City of Miami Beach,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 A& J Roofing Corp • By: City of Miami Beach Si•nature Sub-Recipient's Name i+?l«:y;v: t— tc� ar:a ,ic 21128 Name and Title DEM Contract Number 4337 E 11 Ave #4863,#4895,#4903 Street Address FEMA Project Number Hialeah Fl 33013 City,State,Zip 3/29/2019 Date 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient,City of Miami Beach,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 Condo Electric By: - ------4City of Miami Beach Signature Sub-Recipient's Name Adam Espinola/Manager Z1128 Name and Title DEM Contract Number 3746 East 10th Court #5130 Street Address FEMA Project Number Hialeah, Fl 33013 City,State,Zip 3/29/2019 Date • 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient,City of Miami Beach,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. CONT- • TOR Delta ech, corp•rated By: ig attire Sub-Recipient's Name Carl E. 1 , -reside,. Name a T-71DE ntract Number 285 N.E. 185 Suite#1 Street Address FEMA Proje Number Miami, FL 33179 City,State,Zip March 28, 2019 Date 33- Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION ContraaterCovered Transectlens (1) The prospective subcontractor of the•Sub•recipient,Cats of Miami Beach,certifies,by submission of this document;that neither.itnor ,principals is presently debarred suspandcd,proposed for debarment,declared ineligible or vokintanly 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 Eridirt LLC By. j sm,,,—.S? City of Miami Beach .Quire Sub-Recipient's Name David Chirole Owner Z1128 Name arid Title DENS Contract Number 12371 SW 128.CT Suite 104. #4903 Street Address FEMA Project Number Miami,•Florida`3318-6 City,State;ZIP 3128/2019 Date 33 Attaeha►ent C CERTIFICATION REGARDING DEBARMENT,SUSPENSION.INELIGIBILITY and VOLUNTARY EXCLUSION Cc,tn for Covered Taertsecti ns (f) The prospeoPve subcontractor of the Sue-rettftoket Cih arldhuril.Ws*.wallas,by salramisafcn tit this document the neither It nor IRe.pdncipele Is presently deba ,Impended,proposed for debarment.dastaiezt. 44;11bla;orvoluntarily excluded from pstrtialpallan In this tramecdoa by any Federal deportment or eget, (2) Where the Sub-nacip:ertte miticontractoria unable tapc rtify to the above eta em rig,t)uo wive contact shell attach an explanation this dons. CONTRACTOR •By: City of Miami Beach eigneiure. '` _ $vtRpplbnts Name)F,e9R,= Z1128 Name and'Ta to DEM Contract Number ani 5-4 CC": #4863 Sheaf i roj Ct Num Cdb+,State 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, City of Miami Beach,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 0 ... - 'r i--a -c., i ,.. ( &c.roces By:IlkCity of Miami Beach �ignatu�� Sub-Recipient's Name nY11 1h/'1a� Pfrl' k1 Z1128 Name and Title DEM Contract Number 1 I `fit il'iw . ..34 pIn (...C.. #5130 Street Address FEMA Project Number — 4 City,State,Zip OJ22- /1()I Dat • 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, City of Miami Beach,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 Mullings Engineering Services,Landscaping Division, Inc By: City of Miami Beach Signature Sub-Recipient's Name Sheldon Mullings Z1128 Name and Title DEM Contract Number 6289 West Sunrise Blvd #122 #4863 Street Address FEMA Project Number Sunrise, FL 33313 City,State,Zip March 27, 2019 Date • 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient,City of Miami Beach,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. C 0 ' ' .TOR D k_ ,, .� F. / Jri c, 7. I.By: /16111 City of Miami Beach na reI , Sub-Recipient's Name arx OJort-i , �{'S. 21128 ..?. N e and Title DEM Contract Number ad #4863,#4895,#5130 Street dress --- FEMA Project Number lailliQ 33I City,S te,Zjp 3/0 Ce. b q Date 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient,City of Miami Beach,certifies,by submission of this document,that neither ft 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 Ronald Ms,Inc By: �� • City of Miami Beach__ ignature Sub-Recipient's Name Ro��alr , Gibbons,President Z1128 N--land Title DEM Contract Number PO BOX 693730 #4977. •- Street Address FEMA Project Number • Miami,F] 33269 City,State,Zip March 26, 2019 Date . ......... . .. ...... . 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION.INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient,City of Miami Beach,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 BIG Wireless, LLC By: 2124. City of Miami Beach Signatu Sub-Recipient's Name • John Dolme sch, ,�,�President Z1128 Name and Title DEM Contract Number 156 North George Street #4922 Street Address FEMA Project Number York, PA 17401 City,,State,Zip • March 27, 2019 Date • • 1 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient,City of Miami Beach,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-recipients subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR e) s f>1G By: City of Miami Beach Signature Sub-Recipients Name O ma, D / ?' Jte=x). Z1128 Name and Title DEM Contract Number S> 24' ' r zw I #4903 Stret Adicirels FEMA Project Number City,State,Zip '" /_.0,Ce/2E711 Date 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient,City of Miami Beach,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. CONTRAC` 0R Dr s\--,, . ' By: VA City of Miami Beach Signatu : _ Sub-Recipient's Name ✓ Z1128 Name aQfje DEM Contract Number '\(AA 1 5\j S #4863 Street Address \ - 1t iFEMA Project Number c - �1� _1 City,State,Zip Date 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient,City of Miami Beach,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-recipienrs subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR Golf Range Ne1, Inc. By: Mfr` City of Miami Beach StP :"% "` Sub-Recipient's Name Mark Ra `=y-President Z1128 Name and Title DEM Contract Number 40351 US Hwy 19N, Ste. 303 #4863 Street Address FEMA Project Number Tarpon Springs, FL 34689 City,State.Zip 3/26119 Date 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient,City of Miami Beach,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: City of Miami Beach Signature Sub-Recipient's Name KV►o✓ �F( .gA,... Cr' Z1128 ame and Me DEM Contract Number #5713 Street Address FEMA Project Number 2. 6C t3 F4- 33(601 City,S7e,Zi Date 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, City of Miami Beach,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: a-=-= City of Miami Beach SignatureiLL Sub-Recipient's Name t 1r� 1 ! l?�� /0000(14140 Z1128 N me and Title DEM Contract Number f 9' -7 ,�, 1V Li 16-ti C #4863,#4903 Street ddress FEMA Project Number C ty,State, p Data 1, • 1 • 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient,City of Miami Beach,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 Pinnacle Security&Technology Inc By: City of Miami Beach Sign ure Sub-Recipient's Name Mark Barros,President Z1128 Name and Title DEM Contract Number 8567 Coral Way#183 #4977 Street Address FEMA Project Number Miami,Florida 33155 City,State,Zip March 26,2019 Date 33 • Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient,City of Miami Beach,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 Ric-Man Internatio,al, , B : f� Y City of Miami Beach Si!r . re Sub-Recipient's Name • eI Jankowski VP Z1128 Name and Title DEM Contract Number 1545 NW 27th AVE #5713 Street Address FEMA Project Number Pompano Beach, FL, 33069 City,State,Zip 04/02/2019 Date 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, City of Miami Beach,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 Thyssenkrupp Elevator By: / City of Miami Beach Signature Sub-Recipient's Name Lucas Moraes - Branch Manager, Z1128 Name and Title DEM Contract Number 7481 NW 66th Street #4895 Street Address FEMA Project Number Miami, FL , 33166 City,State,Zip 04/03/2019 Date 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, , 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 Sub-Recipient's Name Name and Title DEM Contract Number Street Address FEMA Project Number City, State, Zip Date 34 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Sub-Recipient's Primary Agent and Alternate Agent to access the FloridaPA.org system in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event.The Designation of Authority Form is originally submitted as Attachment"D"to the PA Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency.A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the system, not supplemented.All users must log in on a monthly basis to keep their accounts from becoming locked. Instructions for Completion • Complete the form in its entirety,listing the name and information for all representatives who will be working in the FloridaPA.org Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their account will lock them out. Each user must log in within a 60-day time period or their account will lock them out. In the event you try to log in and your account is locked,submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent"—This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this person will have full access/authority unless otherwise requested). Block 2: "Primary Agent" — This is the person designated by your organization to receive all correspondence and is our main point of contact.This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in FloridaPA.org. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed and this contact will have full access). Block 3: "Alternate Agent"—This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management-Insurance, and Environmental- Historic). Providing these contacts is essential in the coordination and communication required between state and local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7—12: "Other" (Read Only Access)—There is no limit on "Other"contacts but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the"Other Read-Only" designation cannot take any action in FloridaPA.org. 35 DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Box 1: Authorized Agent(Full Access) Box 2: Primary Agent(Full Access) Agent's •me Agent's Name Jimm L.Mor. es • John W•odruff Signatu I , Signa. / / . Organiza:.n/Official Position Organi /Official Position City o iami Beach, City Manager City o Miami Beach,Chief Financial Officer Mailing Address Mailing Address 1700 Convention Center Drive 1700 Convention Center Drive,Finance Department City,State,Zip City,State,Zip Miami Beach PT.33139 Miami Beach,FL 33139 Daytime Telephone Daytime Telephone 305-673-7010 305-673-7466 E-mail Address E-mail Address TimmvMoraleshmiamibeachfl.gov JohnWoodruff@miamibeachfl.gov Box 3: Alternate Agent(Full Access) Box 4: Other-Finance/Point of Contact(Full Access) Agent's Name Official's Name Jay Fink Tameka Ot o Stewart ,---) ' Signature - Signature. — Organization/Official Position Organizationti//Official Position City of Miami Beach,Assistant Director Public Works City of Miami Beach,Budget Director MailingAddress Mailing Address ,. 1700 onvention Center Drive,Public Works Department 1700 Convention Center Drive,BudDet Department City,State,Zip City,State,Zip - • Miami Beach,FL 33139 Miami Beach,FL 33139 Daytime Telephone Daytime Telephone 305-673-7000 Ext.6319 305-673-7000 Ext. 6396 E-mail Address E-mail Address JayFink@miamibeachfl.gov TamekaOttoStewart@miamibeachfl.gov Box 5: Other-Risk Mgmt-Insurance(Full Access) Box 6: Other-Environmental-Historic(Full Access) Agent's Name Agent's Name Sonia Bridges 1 - Elizabeth Wheaton Signature - 6�'`� Signature `^ Organizat n/Official Position 0 Organization/Official Position City of Miami Beach, City of Miami Beach,Division Director Risk Management ,Environmental Sustainability Director Mailing Address Mailing Address • 1700 Convention Center Drive,Human Resources 1700� Convention Center Drive City,State,zip ctyMiami' e Miami ami Beach,FL 33139 ach,FL 33139 Daytime Telephone Da time Telephone 1(15-A71-7000 Eyt 651 S 305-673-7000 Ext. 6121 E-mail Address E-mail Address SoniaBridges@miamihearhfl gov Eli zabethWheatonamiamiheachfl.gov The above Pnmary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-grantee for the purpose of obtaining certain Grantee and Federal financial assistance under the Robert T.Stafford Disaster Relief&Emergency Assistance Act,(Public Law 93-288 as amended)or otherwise available.These agents are authorized to represent and act for the Sub-Grantee in all dealings with the State of Florida, Gra.tee,for all atters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-grantee.Additional contacts may be pla.ld on page of this document for read only access by the above Authorized Agents. 1 Jimmy L.Morales,City Manager SuN,� ra tee Authorized Agent Signature 3 zr 11 Date 36 DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Agent's Name _ Agent's Name * Ge.r•ette Daniels Shari Lipner Si_ .'re i Signature �/ , Organization/Of 'al Position Organization/I`ictal Positio,i ity of Miami Beach, City of Miami Beach,Financial Analyst III Emergency Manageme Division Administrator Mailing Address Mailing Address 2310 Pipe TreP Drive 2310 Pine Tree Drive City,State,Zip City,State, FL 33140 Miami_Bear•brFT 33140 Daytime Telephone Daytime Telephone 305-673-7000 Ext.6184 305-673-7000 Ext. 8437 E-mail Address F-piail.Address GeorgetteDaniels@miamibeachfl.gov nlar1LLlpner@miamibeachfl.gov Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) A yentuan Me's Namse Official's Name s Signature • - Signature 7'tion /O cial P sin Organization/Official Position y ofMiami Rech Acictant Fire Chief ng Address Mailing Address 2300 Pine Tree Drive City,State Zip City,State,Zip • ,Miami Beach,FL 33140 • Daytime Telephone Daytime Telephone 305-673-7000 Ext.8429 E-mail Address E-mail Address JuanMestas@miamibeachfl.gov Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature • Signature • Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Sub-Grantee's Fiscal Year(FY)Start: Month: October Day: 2018 Sub-Grantee's Federal Employer's Identification Number(EIN) 59 - 6000372 Sub-Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub-Grantee's: FIPS Number(If Known) - - NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff tumover.Updates may be made by email to the state team assigned to your account. A new form will only be needed if all authorized representatives have separated from your agency.Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace,not supplement,the contacts on the previous list. REV.09-09-2017 DISCARD PREVIOUS VERSIONS 37 Attachment E. STATEMENT OF ASSURANCES 1) The Sub-Recipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No.A-21,A-87,A-110,A- 122,and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards, 2 C.F.R. Part 200;that govern the application, acceptance and use of Federal funds for this Federally-assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Sub-Recipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub-Recipient's governing body,authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Sub- Recipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. §206,and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Sub-Recipient further assures it will: a. Have sufficient funds available to meet the non-Federal share of the cost for construction projects.Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s)for the project or undertake other activities until the conditions of the grant program(s)have been met,all contracts meet Federal, State, and local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to the approved plans and specifications,and will furnish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds,whichever is longer. f. Provide without cost to the United States and the Grantee/Recipient all lands, easements and rights-of-way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for 38 themselves or others,particularly those with whom they have family,business,or other ties. h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic, Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and ii. by complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. i. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. j. With respect to demolition activities: i. 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; ii. return the property to its natural state as though no improvements had been contained thereon; iii. furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in 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 appropriate County Health Department; iv. provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. provide supervision over contractors or employees employed by the Sub- Recipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. leave the demolished site clean, level, and free of debris; vii. notify the Grantee/Recipient promptly of any unusual existing condition which hampers the contractors work; viii. obtain all required permits; ix. 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, and provide documentation of such closures; x. 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; xi. comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act,Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and xii. provide documentation of public notices for demolition activities. 39 k. Require facilities to be designed to comply with the"American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified. The Sub-Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. I. Provide an Equal Employment Opportunity Program, if required to maintain one,where the application is for$500,00099-or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee/Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin,sex,or disability against a recipient of funds,forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Sub-Recipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501,et.seq.which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, 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. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the 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. g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for"kick-backs" of wages in Federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, 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 that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards.The phrase 40 "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. j. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC).The state's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Sub-Recipients and contractors. I. Provisions of 28 C.F.R.applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975;Department of Justice Non-Discrimination Regulations;and Department of Justice regulations on disability discrimination, and assure the compliance of all its Sub-Recipients and contractors. p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964 (P.L. 83- 352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall, on the ground 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 receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure 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. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. 41 r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. u. The provisions of all Executive Orders including but not limited to: i. 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. ii. ED 11514 (NEPA). iii. EO 11738 (violating facilities). iv. EO 11988 (Floodplain Management). v. EO 11990 (Wetlands). vi. ED 12898 (Environmental Justice). 5) For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug-Free Workplace Act of 1988. 42 This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Sub-Recipient by FEMA. The Sub-Recipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurarce.This assurance is binding on the Sub-Recipient, its successors,transferees, and assignees FOR THE SU:GRANTEE/SUB-RECIPIENT : l _ - � Signature — Jimmy L.Mor.;es,City Manager 31 'Ix% Printed Name and Title Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION t-k__D .c— 3-Z(-- 3 City Attorney y"y Date 43 Attachment F Election.of Participation in Public Assistance Alternative Procedures(PAAP) Pilot Program Should the Sub-Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the Sandy Recovery Improvement. Act (Division B of P.L. 113-2), execution of a Supplemental Funding Agreement covering specific aspects of the Alternative Procedures Package is required of the Sub- Recipient prior to the payment of such funds by the State as the Recipient. Payments processed under the Alternative Procedures provisions will be requested as an advance and are exempt from advance requirements covered by Section 216.181(16), Florida Statutes.They will, however, be treated as an advance for purposes of Requests for Reimbursement(RFRs)and satisfaction of the requirement that ninety percent(90%)of previously advanced funds must be accounted for prior to receiving a second advance. In order to elect to participate in the PAAP program for one ofthe following options,you must read the Guidance found at https://www.fema.gov/alternative-procedures and then complete the required. documentson the following pages. The documents can be found under the Permanent Work section of the webpage in editable .pdf format if preferred. PAAP for Debris Removal (Category A) Required Documents: • ' Public Assistance for Alternative Procedures Pilot Program for Debris Removal Acknowledgement https://www.fema.gov/media-library-data/1504811965699- 24dfda9ae3e22d450582563bdb62e0f1/APPENDIX A Revised for limited'sliding scale 8-23- 17.pdf PAAP for Permanent Work(Categories C-G) Required documents: • Fixed Subgrant Agreement Letter https://www.fema.gov/media-library-data/1388154577585- 398aea786c6aedbd048c371270fd7b22/508 PA Alternative Procedures Pilot Program Perman ent.Work Fixed Subgrant Agreement Letter%2012-13-13.pdf ' • . Public.Assistance Alternative Procedures Pilot Program.for Permanent Work Acknowledgement https://www.fema.qov/media-library-data/1388155802544- 11629c78f8308b5c4120deb135460129/PA Alternative Procedures Pilot Program Permanent Work Acknowledqement%2012-13-13.pdf All PAAP Related Documents (guides, Fact Sheets, Standard Operating Procedures, FAQs,Archived Docs, etc.).may befound at: https://www.fema.gov/media-library/assets/documents/1.15868 . Note:PAAP Pilot Program Guide for Debris Removal(Version 5)published June.28, 2017 contains the following changes: The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for one year to June 27, 2018.As part of the extension, FEMA will only authorize the sliding scale provision in events with significant debris impacts.The other three provisions available under the Pilot remain unchanged. For disasters declared on or after August 28, 2017,FEMA is limiting the usage of the pilot's sliding scale provision to high impact incidents that meet the following criteria: high concentration of localized damage; 44 . largequantities of debris (over$20M or 1.5 million cubic yards); and disasters declared very soon after the incident(8 days)toincentivize rapid debris removal. This guide is applicable to disasters declared on or after June 28, 2017. The changes to the sliding scale provision are applicable to disasters declared on or after.August 28, 2017. This version of the pilot guide supersedes the previous pilot guide for debris removal (V4)which was published June 28, 2016. 45 Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management Agency(FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a pilot program. As a representative of the subrecipient, we elect to participate in the following: A Accelerated Debris Removal-increased Federal cost share(sliding scale) o Recycling Revenue(subrecipient retention of income from debris recycling without a award offset) o One-time incentive for a FEMA-accepted debris management plan and identification of at least one pre-qualified contractor a Reimbursement of straight time force account labor costs for debris removal 1. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its debris removal subawards. 2. For the sliding scale, the subrecipient accepts responsibility for any costs related to debris operations after six months from the date of the incident unless, based on extenuating circumstances, FEMA grants a time extension. 3. The subrecipient acknowledges that FEMA may request joint quantity evaluations and details regarding subrecipient operations necessary to assess the pilot program procedures. 4. All contracts must comply with local, state, and Federal requirements for procurement, including provisions of 2 CFR Part 200. 5. The subrecipient must comply with all Federal,state and local environmental and historic preservation laws, regulations, and ordinances. 6. The Office Inspector G:I eral may audit any subrecipient and/or subaward. 3It, Signature of Sub -cipient's Authorized Representative Date Jimmy L.Morales, City Manager Printed Name and Title City of Miami Beach 086-45025-00 Sub-Recipient Name PA ID Number o We elect to not participate in the Alternative Procedures for Debris Removal. 46 FIXED SUBGRANT AGREEMENT LETTER DATE: To Address: To FEMA: As a Public Assistance (PA) Sub-Recipient (PA ID ), in accordance with Section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,we agree to accept a permanent work subgrant based on a fixed estimate in the amount of$ for subgrant number (copy attached) under Disaster# . We accept responsibility for all costs above the fixed estimate. We understand that by participating in this pilot program we will be reimbursed for allowable costs in accordance with 44 CFR§ 13.22(b)—"Applicable cost principles", the reimbursement will not exceed the fixed estimate.We also understand that by agreeing to this fixed estimate, we will not receive additional funding related to the facilities or sites included in the subgrant.We also acknowledge that failure to comply with the requirements of applicable laws and regulations governing assistance provided by FEMA and the PA alternative procedures pilot program guidance (such as procurement and contracting; environmental and historic preservation compliance; and audit and financial accountability)may lead to loss of Federal funding. Signature of Sub-Recipient's Authorized Representative Date Jimmy L.Morales,City Manager Printed Name and Title Signature of Grantee's Authorized Representative Date Printed Name and Title 47 Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013,the Federal Emergency Management Agency(FEMA) is implementing alternative procedures for the Public Assistance(PA) Program through a pilot program.As a representative of the Sub-Recipient, our agency understands the following: 1. We plan to participate in the following elements: ❑Subgrants based on fixed estimates, and as the Sub-Recipient, accept responsibility for costs above the estimate ❑ Consolidation of multiple fixed subgrants into a single subgrant ❑ FEMA validation of Sub-Recipient-provided estimates ❑ Elimination of reduced eligible funding for alternate projects O Use of excess funds ❑ Review of estimates by an expert panel for projects with a Federal share of$5 million or greater 2.The pilot is voluntary, and a Sub-Recipient may participate in alternative procedures for one or more large project subgrants. 3. If the Sub-Recipient accepts a fixed subgrant estimate, the Sub-Recipient understands they are responsible for all costs greater than the fixed amount. 4. The Sub-Recipient agrees to notify the Grantee regarding the specific use of excess funds. 5.All contracts must comply with local, State, and Federal requirements for procurement, including provisions of 44 CFR Part 13. 6. The Office of Inspector General may audit any Sub-Recipient and/or subgrant. 7. EHP review must be completed for all subgrants, including cases where new scopes of work would require EHP compliance, before the subgrant scope of work is implemented. Failure to comply with this requirement may lead to loss of Federal funding. 8. The Sub-Recipient may submit appeals in accordance with 44 CFR§206.206. However, FEMA will not consider appeals solely for additional costs on fixed subgrants. Signature of Sub-Recipient's Authorized Representative Date Printed Name and Title Sub-Recipient Name PA ID Number • We elect to not participate in the Alternative Procedures for Permanent Work. 48 Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE GRANTEE'S/RECIPIENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM (FloridaPA.org) Sub-Recipient s must use the Grantee's/Recipient's web-based project management system, FloridaPA.org, (available at www.FloridaPA.org)to access and exchange project information with the State throughout the project's life.This includes processing advances,reimbursement requests,quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub-Recipient. The Sub-Recipient is required to have working knowledge of the FloridaPA.org system. PROJECT DOCUMENTATION The Sub-Recipient must maintain all source documentation supporting the project costs. To facilitate closeout and audits, the Applicant should file all documentation pertaining to each project with the corresponding PW as the permanent record of the project. In order to validate Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.org website. Contact the grant manager with questions about how and where to upload documents, and for assistance linking common documents that apply to more than one(1) PW. The Sub-Recipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five (5)years from the date of the Sub-Recipient account closeout by FEMA. The five (5) year period is extended if any litigation, claim or audit is started before the five(5) year period expires, and extends beyond the five (5) year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at$5,00000 or more at the time it is acquired must be retained for five (5)years after final account closeout. Records relating to the acquisition of real property must be retained for five (5) years after final account closeout. INTERIM INSPECTIONS Interim Inspections may be requested by the Sub-Recipient, on both small and large projects, to: i. conduct insurance reconciliations; ii. review an alternate scope of work; iii. review an improved scope of work; and/or iv. validate scope of work and/or cost. Interim Inspections may be scheduled and submitted by the Recipient as a request in FloridaPA.org under the following conditions: i. a quarterly report has not been updated between quarters; ii. the Sub-Recipient is not submitting Requests for Reimbursement (RFR's) in a timely manner; iii.. requests for a Time Extension have been made that exceed the Grantee's/ Recipient's authority to approve; and/or • iv. there are issues or concerns identified by the Recipient that may impact funding under this agreement.. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for the Sub-Recipient to certify that all work has been completed.To ensure a timely closeout process,:the Sub-Recipient should notify the Recipient within sixty(60)days of Project completion. The Sub-Recipient should include the following information with itscloseout.request: ▪ Certification that project is complete; • Date of project completion; and • Copies of any Recipient time extensions. Large Projects With exception of Fixed Cost Estimate Subawards,Alternate Projects and Improved Projects where final. costs exceed FEMA's original approval,the final eligible amount for a Large Project is the actual documented cost of the completed, eligible SOW.Therefore, upon completion of each Large Project that FEMA obligated based on an estimated amount;the Sub-Recipient should provide the documentation to support the actual costs: If the actual costs significantly differ from the estimated amount,the Sub- Recipient should provide an explanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. If the project included approved hazard mitigation measures; FEMA does not re-evaluate the cost-effectiveness of the.HMP based on the final actual cost. If during the review, FEMA determines that the Sub-Recipient performed work that was not included in the approved SOW,FEMA will designate the project as an Improved Project, cap the funding at the original estimated amount and review the additional SOW for EHP compliance: For Fixed Cost Estimate Subawards,the Applicant must provide documentation to support that it used the funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VII:G and guidance provided at http://www.fema.gov/alternative-procedures. Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates aSmall Project, FEMA does not adjust the approved amount of an individual Small Project:This applies even when FEMA obligates the PW based on anestimate andactual costs for completing the eligible SOW differ fromthe estimated amount. FEMA only adjusts the approved amount. on individual Small Projects if one of the following conditions applies: • The Sub-Recipient did not complete the approved SOW; • The Sub-Recipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions; or • Actual insurance proceeds differ from the amount deducted in the PW. In these cases, FEMA only adjusts the specific cost items affected. . If none of the above applies, the Sub-Recipient may request additional funding if the total actual cost of all of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this . case,the Sub-Recipient must request the additional funding through the appeal process, described in the 50 PAPPG Chapter 3:IV.D,within sixty(60)days of completion of its last.Small Project FEMA refers to this as a net smallproject overrun appeal.The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. . . To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Recipient will conduct final inspections on Large Projects,and may, at its sole discretion; select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. TIME EXTENSIONS FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines.The deadline for Emergency Work is 6 months from the declaration date. The deadline for Permanent Work is 18 months from the declaration date. Deadlines for Completion of Work Type of Work Months Emergency Work 6 Permanent Work . . 18 If the Applicant determines it needs additional time to complete the project including directadministrative tasksrelated to the project, it must submit a writtenrequest for a timeextension to the Recipient with the following information: • Documentation substantiating delays beyond its control; • . A detailed justification for the delay; • Status of the work; and. . • Theproject timeline with the projected completion date The State.(FDEM)has the authority to grant limited timeextensions based on extenuating circumstances or unusual project requirements beyond the control of the Sub-Recipient. It may extend Emergency Work projects by 6 months and Permanent Work projects by 30 months. FEMA has authority to extendindividual project deadlines beyond these timeframes if extenuating circumstances justify additional time.This applies to all projects with the exception of those funded under the PAAP Accelerated Debris Removal procedure and projects for temporary facilities. With exception of debris removal operations funded under the Accelerated Debris Removal Procedure of the Alternative Procedures Pilot Program, FEMA generally considers the following to be extenuating circumstances beyond the Applicant's control: • Permitting or EHP compliance related delays due to other agencies involved • . Environmental limitations (such as short construction window) • Inclement weather(site access prohibited or adverse impact on construction) FEMA generally considers the following to be circumstances within-the control of the Applicant and not justifiable for a time extension: • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • .Change in administration orcost accounting system • Compilation of cost documentation Although FEMA only provides PA funding for work performed on or beforethe approved deadline,the. Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved. 51 SOW and the completed work is distinct from the uncompleted work, FEMA only deobligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only deobligates the amount related to the facility that the Applicant did not restore. Request should be submitted prior to current approved deadline, be specific to one project, and include the following information with supporting documentation: • Dates and provisions of all previous time extensions • Construction timeline/project schedule in support of requested time • Basis for time extension request: o Delay in obtaining permits • Permitting agencies involved and application dates o Environmental delays or limitations (e.g., short construction window, nesting seasons) • Dates of correspondence with various agencies • Specific details • Inclement weather(prolonged severe weather conditions prohibited access to the area, or adversely impacted construction) o Specific details • Other reason for delay o Specific details Submission of a request does not automatically grant an extension to the period of performance. Without an approved time extension from the State or FEMA(as applicable), any expenses incurred outside the P.O.P. are ineligible. INSURANCE The Sub-Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace,financial assistance from insurance coverage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Sub-Recipient further understands and agrees that If Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and/or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4)and 312 (c). As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252-253, for damaged facilities,the Sub-Recipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than$5,000° In addition to the preceding requirements, the Sub-Recipient understands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to§311 of the Stafford Act.As stated in the Stafford Act,"Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub- Recipient to purchase and maintain insurance,where that insurance is"reasonably available, adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding.The Public Assistance Program and Policy Guide further states"If the Applicant does not comply with the requirement to obtain and maintain insurance,FEMA will deny or deobligate PA funds from the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not"reasonably available,adequate or necessary to protect against future loss"to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. 52 The Sub-Recipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§206.252-253. The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Sub-recipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. DUPLICATION OF BENEFITS The Sub-Recipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source whatsoever. The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits,from any source, for any damage identified on the applicable Project Worksheets,for which the Sub-Recipient has received payment from the Recipient. The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. In the event the Recipient determines the Sub-Recipient has received duplicate benefits,the Sub-Recipient gives the Grantee/Recipient and/or the Chief Financial Officer of the State of Florida,the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Sub-Recipient, and to use such remedies as may be available administratively, at law, or at equity, to recover such benefits. COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS The Sub-Recipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State, and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Sub-grantee/Sub-Recipient, and any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the local government comprehensive plan. The Sub-Recipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. The Sub-Recipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. FUNDING FOR LARGE PROJECTS Although Large project payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Sub-Recipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of actual costs and will transmit the information to FEMA for its consideration for final funding adjustments (See Closeouts). 53 • The submission from the Sub-Recipient requesting this reimbursement must include: a) a Request for Reimbursement(available in FloridaPA.org); b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in FloridaPA.org and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records,daily work logs, invoices, purchase orders, and change orders); and c) the FDEM Cost Claim Summary Workbook(found in the Forms section of FloridaPA.org),along with copies of original documents such as contract documents, invoices, change orders, canceled checks (or other proof of expenditure), purchase orders, etc. ADVANCES Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment. Notwithstanding Paragraph 9) Funding, in the Agreement, these payments are not bound by Section 216.181(16), Florida Statutes. 1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A-87, A-110,A-122, and the Cash Management Improvement Act of 1990. 2. All advances must be held in an interest-bearing account with the interest being remitted to the Recipient as often as practicable, but not later than ten(10)business days after the close of each calendar quarter. 3. In order to prepare a Request for Advance (RFA) the Sub-Recipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Sub-Recipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 5. The Sub-Recipient must complete a Request for Reimbursement(RFR)via FloridaPA.org no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 7. The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share, only if the Sub-Recipient meets the following conditions: a) the Sub-Recipient must certify to the Recipient that Sub-Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) the Sub-Recipient must submit to the Recipient the budget supporting the request. 8. The Sub-Recipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety(90)days after receipt of the Advance; 9. The Recipient may, in its sole discretion,withhold a portion of the Federal and/or nonfederal share of funding under this Agreement from the Sub-Recipient if the Recipient reasonably expects that the Sub- 54 Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub-Recipient was improper. DESIGNATION OF AGENT The Sub-Recipient must complete Attachment D by designating at least three agents to execute any Requests for Advance or Reimbursement,certifications,or other necessary documentation on behalf of the Sub-Recipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub-Recipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FloridaPA.org may not be received and could result in failure to meet time periods to appeal a Federal determination. DUNS Q&A What is a DUNS number? The Data Universal Numbering System (DUNS)number is a unique nine-digit identification number provided by Dun & Bradstreet(D&B).The DUNS number is site specific.Therefore, each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number. Who needs a DUNS number? Any institution that wants to submit a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization. How do I get a DUNS number? Dun &Bradstreet have designated a special phone number for Federal grant and cooperative agreement applicants/prospective applicants. Call the number below between 8 a.m. and 5 p.m., local time in the 48 contiguous states and speak to a D&B representative. This process will take approximately 5—10 minutes and you will receive your DUNS number at the conclusion of the call. 1-866-705-5711 What do I need before I request a DUNS number? Before you call D&B,you will need the following pieces of information: • Legal Name • Headquarters name and address for your organization • Doing business as (dba)or other name by which your organization is commonly recognized • Physical address • Mailing address (if separate from headquarters and/or physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? 55 New regulations taking affect.Oct. 1,2003 mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications. The DUNS number will offer a way for the Federal government to better match information across all agencies.. How do I see if my institution already has a DUNS number?. Call the toll free number above and indicate that you are a Federal grant and/or cooperative agreement applicant. D&B will tell you if your organization already has a number.assigned. If not,they will ask if you wish to obtain one. Should we use the+4 extension to the DUNS number? Although D&B provides the ability to use a 4-digit extension to the DUNS number, neither D&B nor the Federal government assign any importance to the extension.Benefits, if any, derived from the extension will be at your institution only. Is there anything special that we should do for multi-campus systems? Multi-campus systems can use what is called a parent DUNS number to aggregate information for the system as a whole.The main campus will need to be assigned a DUNS number.Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique grantee organization, then each campus needs to obtain their own DUNS number. Does the DUNS,number need to be included on individual fellowship applications?. Yes with one exception. It is the DUNS number of the sponsoring institution thatshould be put on the application Individual Kirschstein-NRSA fellowships that propose training at Federal laboratories do not require a.DUNS number. What does the DUNS number have to do with the Central Contractor Registry(CCR), soon to be the Business Partner Network(BPN)? Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically through Grants.gov.Your organization will need a DUNS number in order to register in the CCR:The CCR is the,.central registry fororganizations that have received Federal contracts. If your organization has received Federal contracts, it is already registered in the CCR, but this is a good opportunity to verify that your organization information is up to date. For more information about the CCR, please visit the CCR web site at:www.ccr.gov. What should we do if our institution has more than 1 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only that number. Doesthis apply to non-US organizations? Yes,this newrequirement applies to all types of grantee organizations including foreign, non-profit,for profit as well as for state and Federal government agencies. Does this apply to non-competing progress reports? No. This new requirement applies only to competing applications: Are there any exceptions to the new DUNS number rules? Individuals who would personally receive a grant or cooperative agreement award from the Federal government apart from any business or non-profit organization they may operate are exempt from this requirement. Also individual Kirschstein-NRSA fellowships that propose training at Federal laboratories do not require a DUNS number: Who at my institution is responsible for requesting a DUNS number? 56 This will vary from institution to institution.This should be done by someone knowledgeableabout the entire structure of your institution and who has the authority to make such.decisions..Typically this request would corne.from the finance/accounting department or some other department that conducts business with a large cross section of the institution. We are an organization new to Federal grant funding so we obviously need a DUNS,number. But we don't want to be included in any marketing list. What can we do? Inclusion on.a D&B marketing list is optional. If you donot want your name/organization included on this marketing list; request tobede-listed from D&B's marketingfile when youare speaking with.a D&B. representative during your DUNS number telephone application. Who do we contact if we have questions? If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone number 1-866-705-5771. If you have questions concerning this new Federal-wide requirement, contact Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at sswab anomb.eop.gov. Substitute.Form W-9. For the purpose of this Agreement, a Sub-Recipient is also a Vendor: The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9.The purpose of a Form W-9 is to provide a Federal Taxpayer Identification Number(TIN), official entity name, a business designation (sole proprietorship, corporation, partnership, etc.), and other taxpayer information to.the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting are accurate. Dueto specific State of Florida requirements,the State will notaccept the.Internal Revenue Service Form.W-9. Effective March 5,2012, State of Florida agencies will not be permitted to place orders for goods and services or make payments to any vendor that does not have a verified Substitute W-9on file with the Department of Financial Services. Vendors are required to register and submit a Form W-9 on the State's Vendor Website at https://flvendor.myfloridacfo.com. 57 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) 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$30,000 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$30,000 or more in Federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT#: N/A—Do not Complete FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $251,857.05 OBLIGATION/ACTION DATE: 9/10/2017 SUBAWARD DATE (if applicable): 9/10/2017 DUNS#: 02-054-6289 DUNS#+4: *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 web form (http://fedgov.dnb.com/webform).The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: City of Miami Beach DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: . ADDRESS LINE 1: 1700 Convention Center Drive 58 ADDRESS LINE 2: ADDRESS LINE 3: CITY Miami Beach STATE FL ZIP CODE+4** 33139-1819 PARENT COMPANY DUNS#(if applicable): N/A CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): 97.036 DESCRIPTION OF PROJECT(Up to 4000 Characters) Complete eligible Projects for repair or replacement of Disaster damaged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. 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 El No El 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" 59 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 executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. 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 Total Compensation (Highest to Name for Most Recently Lowest) (Last, First, MI) Title Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED C:,'TIFIES T /AT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS �'� CURAT:( SIGNATURE: 1'�i NAME AND TITLE: Ji y L.Morales,City Manager DATE: 31745 APPROVED AS TO FORM & LANGUAGE & FOR E ECUTION al City Attorney . Date 60 Attachment I Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 CFR Part 200. It is the responsibility of the sub-recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: . . . . . . . . 61 : . • • Pt.200,,App.II 2 CFR Ch.11(1-1-17-Edition) - _ agency's Federal awards may include. Pro- awarding agency should consider approaches - aiding this information lets a potential ap- such as giving: . . pllcant. identify any requirements with is Points of-contact who may be reached.in . . . . . . • . . . . •. .which.it would have difficulty complying:if .multiple,ways(e.g.,by telephone,FAX,- _ and( . . . . • . . . . . . . . . . . its application ie.successful.In those cases, or email,as well.as regular mall),• ' • - • ' - • - • . - earlynotification about the requirements al: fi_A fax or.email address that multiple" - • . . lows the potential applicant to decide not to people access,so that someone will respond . .. ..• .. . • " . - . apply or to-take needed actions before re- even if others are unexpectedly absent-dui- . . ceiving the Federal award. The announce- ing critical periods, - - . . - _ - • • • •_meat need not include all of•the terms and 111.Different contacts for distinct kinds of . - conditions-of the Federal award,"but'may help(e.g.,one for-questions of programmatic- - . . - . refer.to.a document(with information about content and asecond for administrative • • :how to Obtain-it)or Internet site where ap- questions). . . - . _ . • plicants can see the terms and conditions.If H.OTHER INFORMATION=-OPTIONAL • - this funding opportunity will lead to Federal _ _ . ' awards with some special terms and condi- This"section may include any additional . tions that-differfrom the Federal awarding information that will assist a potential ap- agenoy's usual(sometimes called"general") -plicant,For example,the section might:• - . . - - "terms and conditions, this section.should 1.Indicate whether this is a mew program - . . - " " highlight those special terms and conditions, or a one-time initiative. - • ' - 'Doing'so will alert applicants that have re= ii.Mention related.programs"or other up-. • - - . . . . ••ceived Federal awards.from-the Federal- coming or.ongoing Federal awarding • awarding agency previously and might not - funding opportunities for similar activities. • . . " otherwise expeot different terms and condi- iii.Include current Internet addresses for - Lions. For the same reason, the announce- Federal awarding agency Web sites that may ment should inform potential.applicants be useful to an applicant in understanding . •. . . . . - . . . :•about special requirements that could apply the program. . . . , . . . - • ' to particular Federal awards after the review •iv.Alert applicants to the need to identify . - - " of applications and other information,based proprietary- Information and-inform them. . - . . . . on the particularcircumstances of the effort about the-way the Federal awarding agency • . . - to-be supported(e.g.,-if human subjects were will-handle it. • . • . - to be involved,or if some situations may jits- v.Include certain routine notices to appli- _ • .. . tify.special'terms on intellectual property,. - cane(e.g.,that.the Federal Government is •- • • • data sharing or security requirements).. Oct obligated to make any Federal award as. • 3. Reporting—Required. This section must a result of.the announcement Or that only . - include -general information about the type grants officers,can bind the Federal Govern- - - . . .(e.g.,•financial:or performance);.frequency, Bent to the expenditure.of funds). : . . . " . . - ' and means of submission (paper or ciao- [78 FR 78808,Dec.28,2013,as amended at 80 • - Ironic)of post-Federal award'reporting re- FR 43310,July 22,2018) - - • quirements.Highlight any special reporting requirements for Federal-awards under this APPENDIX II TO PART 200-CONTRACT funding opportunity that differ(e.g.,:by re- PROVISIONS FOR NON-FEDERAL ENTI- - - - - - - .port"type, frequency, formlformat, or oir- Tq CONTRACTS UNDER. FEDERAL - cumstances for use)from what the-Federal :AWARDS - • - • • _ - awarding-agency's.Federal awards usually - _ • • .require.Federal awarding agencies must also addition to other provisions required by . - describe In this section all relevant require- - the Federal agency or non-Federal entity,all " - • " • Bente such as those at 2 CFR 180.336 and 2 contracts made by the non-Federal entity . • OFR 180.350. - - under the-Federal award.must contain provi- ' _ - " • If'the Federal share ._f any Federal award' sinus covering the following,as applicable, _ ._ " . - may include more than 9600,000 over the pe- (Al Contracts for-more than the simplified -, - . " . • . • rind of"performance, this section must in- "acquisition "threshold currently set" :at form potential applicants'about.the post . 8160,000, which is the Inflation adjusted _ - " . - ' "• : 'award-reporting:requirements reflected"in "amount determined.by"the Civilian Agency " " - Appendix 2(1T—Award'Term and Condition 'Acquisition Council and the Defense Acquisi- for Recipient. Integrity and Performance tion Regulations Council (Councils) as au- . Matters. thorized by 41 U.S.C.1508,must address ad- - - G.FEDERAL AWARDING AGENCY CONTACT($)—• ministrative,contractual,or legal remedies" . • REQUIRED in instances where contractors violate or - breach contract terms• ,and provide for such• • • The announcement must give potential ap- sanctions and penalties as appropriate. . • • ' "" ' " ' plicants•a-point(s)of contact'for answering (B)All contracts in of 910,000"must ' " " - " -- • • - " • : - - questions or helping with problems while the address termination for-cause and for con- ftmding opportunity is open.The intent.of venienoe by the non-Federal entity including this requirement is to be as helpful as poe- the manner by which'it will be effected and - • - sible to potential applicants,so the Federal the-basis for settlement, • • . •' 200 . . . . • • 62 • • OMB Guidance Pt.200,App.II (0) Equal Employment Opportunity. Ex- Part 5).Under 40 U.B.C.3702 of the Act,each ' cept as otherwise provided under 41•CFR contractor must be required.to compute.the . Part.60. all contracts that meet the defini- wages of every mechanic and laborer on the tion of"federally assisted construction con- basis of a standard-work week of 40 hours. - • . • • • • . . . . . • . • traot"in 41 CFR Part 60=1".3 must include the- Work in.excess.of the"standard work,week is- - • . equal opportunity clause provided under 41. permissible provided that the worker is Com- . CFR 10-1,4(b), in accordance with Executive pensated at a rate of not less than one and a" " • Order•11246, "Equal Employment Oppor-• half times the basin rate of pay for all hours ' tunity"(30 FR 12319,12935,3-CFR Part.1984- 'worked in.excess of 40'hours'in the work- • - 1965 Comp.,p.339),as amended by Executive week.The requirements of 40 U.S.C.3704"are •• Order 11375, "Amending Executive Order applicable to construction work and provide 11248 Relating to Equal Employment Oppor- •that no laborer or'mechanic must be re- . . . . . . . tunic y,"and implementing regulations at 41 qulred to work in surroundinga or under . . CFR part 60, "Office of Federal Contract. working:conditions which are unsanitary, •• Compliance Programs, Equal Employment hazardous or dangerous,These requirements Opportunity,Deportment of Labor." do not apply to the purchases of supplies or .(D)Davis-Bacon Aot,as amended-(40 U.S.C. materials or-articles ordinarily available on- :•3141-3148).When required by Federal program the open market,or contracts for transpor- - • • • - - legislation,all-prime construction contracts- tation or transmission of intelligence, - • • . - in.excess of-32,030 awarded by non-Federal (F).Rights to Inventions -Made Under a entities'must inolude a:provision for oomph- - Contract or Agreement.-If the Federal award' " . . once with the Davis-Bacon Act (40 U.S.C.• meets the definition of-"funding agreement" . 3141-3144. and-3148-3148)as.supplemented by under 37 CFR 1401.2(a)and the reoipient or • • Department of Labor regulations (29 OFR _eubreolpiont.wishes to enter into a contract Part 5, "Labor Standards•Provisions App11- with a small business firm or nonprofit orga " • •-cable to Contracts Covering Federally Fi- nization regarding the substitution of par- named-and Assisted"construction"), In ac- ties, assignment or,performance of experi- - eordanoo with the statute,contractors met, mental, developmental, "or research work - - " - be required to pay wages to laborers• and me- under that"funding agreement,"the recipi- ohanios at a rate not less than the prevailing- ent or subrecipient must comply with the re- wages"specified in a wage determination. quirements of 37 OFR Part 401,"Rights to In- - made by the Secretary of Labor,In addition, ventions Made by.Nonprofit Organizations - contractors must be required to pay wages and Small Business Firms Under Govern • -not less than once a week,The non-Federal meat Grants, "Contracts and Cooperative . entity must place a oopy of the current pre- Agreement's,"and any implementing regula- - - . . . . . . veiling wage determination issued by the De- . tions.issued by the-awarding agency, . . pertinent of Labor in each solicitation,The (G)Clean Air.Aot(42 U.S.C.7401-7671q,)and - - " - - decision to award-a contract or subcontract- the Federal Water-Pollution Control.Aot(33 must be conditioned upon'the acceptance of- U.S.C.1251-1387),as amended—Contracts and the wage determination.The.non-Federal en- •eubgrants of amounts in excess of 3150,000 tity-must-report all suspected"or reported must contain a.provision that requires.the violationsto the Federal awarding agency, non-Federal award to agree to comply with The contracts must also include a provision all applicable standards,"orders or regula- " for compliance- with"the-Copeland "Anti- tions issued pursuant to-the Clean Air Aot - • " " . - . Kickback" Aot_(40 U.S.O. 3146), as•supple-_ (42 U.S.C.7401-7671q).and the Federal Water - mented by Department of Labor regulations Pollution Control Act as amended(33 U.S,O; • • (29 CFR Part 3, "Contractors and Sub- 1251-1387).Violations must be reported to the • - - contractors on Public Building.or Public -Federal awarding agency and the Regional. Work Financed in Whole or in Part by Loans Office of the"Environmental Protection . or Grants from the United States"),The.Act Agency(EPA). . • provides that each contractor- or sub- (ID Debarment and Suspension(Exeoutive • • " - - ' • - - • • recipient-must be prohibited from-inducing,- Orders 12649 and-12689)—A contract award by any means, any person employed in the (see 2 CFR 180.220)must not be made to par- . construction;.completion,or repair of public) - ties listed on the.governmentwide exclusions" work,to give up any part'of the compensa- in the System for Award Management tion to.whioh.he or she is otherwise entitled. . (SAM), in accordance with the OMB guide- - - The non-Federal entity must report all sue- lines at 2 CFR 180 that implement Executive peoted or.reported violations to the Federal •• Orders 12549(3 CFR part.1988 Comp:,p. 189) - - - • - awarding-agency. - - and.12689 (3-CFR.part 1989 Comp.. p. 235), : - • - • • - (EI) 'Contract 'Work:Hours and. Safety " "Debarment and Suspension;" SAM"Exolri--. - - - . " " ' - - " " " . . . Standards Aot (40 U.S.C..3701-3708). Where sinus contains the names of parties debarred,• . . applicable,all contracts awarded by-thenon- suspended, or otherwise excluded by ages- ' Federal entity in excess of 5100.000 that in- oies, as well as parties declared ineligible . volve the employmentof mechanics or labor- - under statutory- or regulatory authority - - - ere must include a provision for compliance other than Executive Order 12649, with"40"U:B4O.3702 and'3704;•as"supplemented •(I)•Byrd Anti-Lobbying Amendment (31" by Department of Labor regulations"(29 CFR, U.S;C: 1352)=Contractors that.-apply or bid- - - -- - - -- - . . . 201 Pt.200,App.ill 2.CFR Ch:11(1-1-17 Edition) . . . . . . • . . . • for an award exceeding$100,000 must file the accounting treatment airy inolude it in the ' . •' . - " • • • required certification.Each tier certifies to .lnetruotionfunction.- . - - - the tier above that it will-not and has not (2)Departmental research means research; " " - • •" •" " . - . . . used Federal appropriated.fuade to pay.any development and.scholarly activities that . • . .• . - . . . - . . - . . . . person or-organization for influencing or at- are• not organized research and, con- • ; - : - • • • • - • - • • • • - •tempting'to influence an officer or employee- •sequently,are-not separately•budgeted and • - . • • - - - • • • - - " .•• • • - • " of any agency,a member•of Congress,officer accounted for. Departmental research, for • - • - - or employee of Congress,or an employee of a Purposes of this document;isnot considered - . . - . . . . member of Congress In connection with ob-. as a major:function,but pa a part of the in- . . talning any Federal"contract, grant or any etruotlon function of the institution. other award covered by 31 U.S.C.1352.Each (9)Only.mandatory cost sharing or cost . . . tier mist also disclose any lobbying with sharing specifically committed in the protect " " - • •- • non-Federal-funds that takes.place in•con- budget'must be included in the organized re- ' - - " ' - - - -- • nection,with"obtaining-any,Federal award. ,search base for computingtheIndirect(F&A) • • - - Such disclosures are forwarded from tier to .coat rate or reflected in any allocation of.in- • . - • - . " . . , . - • •• . .••tier up.to.the-non-Federal award. . direct costs.••Salary.costs••above statutory _ ' •" _ _ ' . " . - . - (J)See 1200.322 Procurement of recovered limits are not considered cost sharing, materials." b.-Organised research means all research - - • and •development activities of an institution • . • [78 FR 78808;Deo.28,2013,-as amended at 78 that are separately budgeted and accounted - - - - - . . . .. . . • . . . . - FR 75888,Dec.19,2014) . . :•• . . . : for.It laoludes: . . . . - _ _ (1) Sponsored research means-all research - ; - • • • • • " " • • • • - - - - • - • " • •APPENDIX-III TO•'PART •200—INDIRECT• -and'development-activities"that•are span- -. " . - - - - - _ (F&A) COSTS IDENTIFICATION-AND 'sored.by-Federal and non-Federal agencies . - - • - - ' - "ASSIGNMENT;AND RATE.DETERMINA• and organizations.This term includes actin!- • - " "- - _ ' _ '--TION •FOR INSTITUTIONS.'OF.HIGHER• ties involving the training of individuals in • EDUCATION(HIES) -research techniques (commonly called.re- search training)where such activities utilize . - A.GENERAL. the same facilities as other research and da- • - • - , • - . - • velopment aotivitiea"and where-such activi- . • This appendix provides criteria for.identi-•• ties:are not-included In the instruction fano- . • • f'iag and computing indlreot (or Indlreob tion: -(F&A))rates at IHEs-(institutions),Indirect •• (2) University research moans all.research ' - . (F&A)costs are that are incurred for and development activities that are.sopa- - - common or joint objectives-and therefore• rately budgeted and accounted for by the in- - - - - "' cannot be identified readily and.specifically stitution under an internal application of in- - •with a particular.sponsored project, an•in- atltuttonal funds, University research, for • - . . . . : . .struotional.activity, or any other institu- purposes-of this document,-must be con- • . " " - - . . . ' . tional activity.•See subsection 8.1,Deflnl-. billed with sponsored research under the : , • - " - . - - -• " • •tion of-Facilities and•Administration,for a" function of organized research.. , . . . . . . . . . . . . - . . . • • . . _ • discussion-of the components- of indirect 0.Other sponsored activities means programs (F&A)costs. - - - " and-projects financed by Federalandnon- • - .. .. .. Federal agencies and organizations which ln- - - .1:Major Functions of an Institution. valve the performance of work other than.in - - struotion and'organized research.Examples - • ' Refers to instruction,organized research, oY such-programs and projects are health " " - " -_ - other sponsored activities and other institu- service-projects and.community service pro- - - - - . - - . tional activities as defined in this section: • grams;However,when any of these activities - • • •a; •Inst! ction.means-the- teaching•and are undertaken'by the institution without : training activities.of an-institution,Except :outeide.support, they.may be classified-as • - - . ' ' • for research training as'provided in sub-. ' other institutional activities.' ' - - - - - - - - - - - - . - - ••- _ . motion b,this term includes all.teaohing and d,Other"institutional activities means all ae- •• - - ' . - training activities,-whether they-are offered tivities of an'institution except for instruo- - - - for credits toward a degree-or-certificate or' Lion, departmental research,.organized re- - - , - , on a non-credit basis,and whether they are •• search,and other sponsored activities,as de- •- - - - .. - . offered-through.regular•academic• depart-. fined In this section;indirect(F&A)coat ao- ' • . . . - rr>ante.01 eepasate.dlvielone,stioh as alum- .tivitiea.Identified.in Lhie Appendix para . . . . . • mer school division or an extension division. graph H,Identification and aseignaiont'of in- - - . • - . . •. -Also considered part.of thin major function direct(F&A)costa;and specialized eervices • - - - . - . are departmental research, and, where- facilities described in 1200,488 Specialized •- "" - • • - agreed to,university research, .service facilities of this Part.•• - - ' (1)Sponsored instruction and training means. " Examples of other;institutional activities speolflc instructional or training activity'es- include operation of resldenoe halls,dining •- - . t=lone,. tablished-by grant,contract,or cooperative halls,-hospitals and.olinioe,-studenione, - • - agreement.'For'purposes,of the coat pin-• intercollegiate athletics,bookstores,faculty - - - " " -clpleo,this'activity may.'be considered" a .housing;Student apartments,•guest houses, - ' -major function even though an Institution's "chapels,theaters,public museums,and other . . . - . - . - . . • . - 202 . • . • • . . • . . 64 Attachment J DHS OIG AUDIT ISSUES and ACKNOWLEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A..synopsis of those findings are listed below: There have.been 32.separateinstances where Grantees/Recipients or Sub-Recipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State.agreement. . . 1. Non.Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure t to employ the required procedures to ensure that small,minority,and women's owned firms were all given fair consideration. 4. Improper"cost-plus-a-percentage-of-cosy'contracting.practices. The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG-16-109-D dated July 1, 2016. The following may be reasons for the disallowance or total de-obligation of funding given under the FEMA/State agreement: 1. Use of improper contracting practices: 2. Unsupported costs. 3.. .Poor project accounting. 4. Duplication of benefits: 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6.. Excessive labor and fringe benefit charges. 7. . Unrelatedproject costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance:. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account forrecording revenue and expenditures, and a separate identifier for each.specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting. system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.)that can be readily retrieved. 65 • Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate FEMA project with that amount. • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs (Federal Highways, Housing and Urban Development, etc.)and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the"Scope of Work." I acknowledge that I have received a copy of,and have been briefed on,the above DHS OIG Audit Issues. Ci of Mia i Beach Sub-Recipie t Agency / Date —4111111141111111 111111111111° Signature Jimmy L.Mo,:les,City Manager Printed Name &Title APPROVED AS TO FORM & LANGUAGE & FORECLITION —CZ. 3- city Attorney ;'r1 7577 66 Attachment K JUSTIFICATION.FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ]ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay pending obligations for eligible work. 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. BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three Months (list applicable line items) of Agreement • Example::PW#00001(0) Contract Work$1,500,000.00(provide detailed justification). • TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation thatclearly 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 must 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). RESOLUTION NUMBER 2018-30250 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, .APPROPIATING FUNDING; APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEES, TO APPLY FOR AND ACCEPT FUNDING, AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS OR AGREEMENTS, IN CONNECTION WITH FINANCIAL, DISASTER RELIEF AND RECOVERY ASSISTANCE FUNDS RELATED TO HURRICANE IRMA INCLUDING, BUT NOT LIMITED TO, FUNDS FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PUBLIC ASSISTANCE PROGRAM, THROUGH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT; AND INCLUDING, EXECUTING REQUESTS FOR ASSISTANCE, DAMAGE CLAIMS, REQUESTS FOR PAYMENTS AND OTHER SUPPLEMENTAL DOCUMENTATION NECESSARY TO SUPPORT DISASTER FUNDING PROGRAMS REIMBURSEMENTS. WHEREAS, beginning September 4, 2017, the Governor of Florida declared a State of Emergency In response to an extreme weather-threat to public safety;and WHEREAS, during this event, the City of Miami Beach continued to expend public. resources in accordance with disaster preparedness and hazard mitigating plans, which include the temporary suspension of non-critical government operations and evacuation of the City; and WHEREAS, Hurricane Irma produced high winds and storm surge inflicting widespread public infrastructure damage and deposited large volumes of debris within the City of Miami Beach and WHEREAS, the President of the United States issued a major disaster declaration providing supplemental disaster assistance to areas impacted by Hurricane Irma, and the City continues. to expend public resources for the repair of damaged facilities and to expedite its financial recoveries;and WHEREAS, Federal Disaster Declaration FEMA-4337-DR, authorized funds for local governments within Miami-Dade County in order to reimburse eligible and allowable expenses directly associated with the City's preparations for, response to, .and recovery from Hurricane Irma;. and WHEREAS, for FEMA reimbursement purposes, the State of Florida, Division of Emergency Management serves as the pass-through entity for Federal Awards from the U.S. Department of Homeland Security, FEMA; and WHEREAS,the City of Miami Beach would be the Sub-Recipient of a sub-award;and WHEREAS, as such, the City of Miami Beach must enter into agreements and execute • required documents to obtain financial assistance from the State of Florida and the United States Government to address the City's on-going recovery efforts. • • NOW, TI-1EREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the -Mayor and City Commission hereby appropriate funding; and approve and authorize the City Manager, or his designees, to apply for and accept funding, and execute any and all necessary documents or agreements, in connection with financial, disaster relief and recovery assistance funds related to Hurricane Irma including, but not limited to, funds from the U.S. Department of Homeland Security, the Federal Emergency Management Agency (FEMA) Public Assistance Program, through the State of Florida, Division of Emergency Management; and including, executing requests for assistance, damage claims, requests for payments and other supplemental documentation necessary to support disaster funding programs reimbursements. 'I PASSED and ADOPTED this /1 day of kr/ i , 2018. Dan Gelber,Gelber, Mayor ATTEST: ... , ...=,- ... Raf-el E. anado,7Ci Cler 4.4"tA 1314 4, • . , -17 \>*.v.i.........,.......,. _ , APPROVED AS TO .1—N, ... • ..0 , ,t` i V v"S- - ..: '-------,, ... FORM & LANGUAGE •. &FOR EXECU 0 : ..."----,00.-fti.„ i 4, . ..1._i 4‘ '..111-CORP ORATEg! '''' . i , A 03-.. ,L Ile:.,/z' f./12•',..2/45,?, • •,;-.. i 4D1 1 loe Ci Att. ,v t'47\ . V' lcb'N/ Dote 4to 1/;;''......-..•'';\4\ Ir . 70( . • k4114 ICH_ 2e, -, • Resolutions-C7 B WIAMIBEACH BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales,City Manager DATE: April 11, 2018 SUBJECT A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING FUNDING; APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEES, TO APPLY FOR AND ACCEPT FUNDING, AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS OR AGREEMENTS, IN CONNECTION WITH FINANCIAL, DISASTER RELIEF AND RECOVERY ASSISTANCE FUNDS RELATED TO HURRICANE IRMA INCLUDING, BUT NOT LIMITED TO, FUNDS FROM THE U.S.. DEPARTMENT OF HOMELAND SECURITY, THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PUBLIC ASSISTANCE PROGRAM, THROUGH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT; AND INCLUDING, EXECUTING REQUESTS FOR ASSISTANCE, DAMAGE CLAIMS, REQUESTS FOR PAYMENTS AND OTHER SUPPLEMENTAL DOCUMENTATION NECESSARY TO SUPPORT DISASTER FUNDING PROGRAMS REIMBURSEMENTS. RECOMMENDATION Adopt the Resolution. ANALYSIS On September 4, 2017, Governor Rick Scott issued Executive Order 17-235 declaring a state of emergency in all 67 counties within the State of Florida in response to Hurricane Irma. The City of Miami Beach expended public resources, in accordance with disaster preparedness and hazard mitigation plans, which included the temporary suspension of non-critical government operations and evacuation of the City, Hurricane Irma produced high winds and storm surge inflicting widespread public Infrastructure damage and deposited large volumes of debris within the City of Miami Beach. On September 10, 2017, the President of the United States Issued a Major Disaster Declaration providing supplemental disaster assistance to areas impacted by Hurricane Irma, including Miami- Dade County. Disaster assistance includes public 'resources expended by the City to repair damaged facilities and expedite financial recovery. Federal Disaster Declaration FEMA-4337-DR authorized funds for designated local governments to reimburse eligible and allowable expenses directly associated with the City's preparations for, response to, and recovery from Hurricane Irma. The State of Florida, Division of Emergency Management serves as the pass-through entity for federal awards and the City would be the Sub Recipient of a sub award. 447 As such, the City Administration requests approval to request funds and execute any and all necessarydocuments or agreements, in connection with financial assistance, disaster relief and recovery assistance funds related to Hurricane Irma including, but not limited to,funds from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) Public Assistance Program, through the State of Florida, Division of Emergency Management, and including requests for assistance, damage claims, requests for payments and other supplemental documents necessary to support disaster funding program reimbursements. CONCLUSION Based on the above analysis, the Administration recommends that the Mayor and City Commission adopt the Resolutionto appropriate funds and execute any and all necessary documents or agreements, in connection with financial assistance, disaster relief and recovery assistance funds related to Hurricane Irma including, but not limited to, funds from the U.S. Department of Homeland Security, Federal Emergency Management Agency(FEMA) Public Assistance program, through the State of Florida, Division of Emergency Management, and Including requests for assistance, damage claims, requests for payments and other supplemental documents necessary to support disaster funding program reimbursements. • KEY INTENDED OUTCOMES SUPPORTED •Ensure Expenditure Trends Are Sustainable.Over The.Long Term Legislative Tracking. Budget and Performance Improvement ATTACHMENTS: Description © Resolution • i r. 448